In a close 5-4 ruling, the US Court of Appeals for the District of Columbia decided not to do a full review of the reversal of a life sentence in the case of a man who was originally convicted of running a drug ring from a DC nightclub. A panel of three judges reversed the original sentence in the case due to a question of whether police use of GPS tracking violated defendant Antoine Jones' rights while evidence against him was gathered.

Jones' Washington DC criminal defense lawyers argued that when law enforcement officials installed GPS technology on the defendant's vehicle, his "reasonable expectation of privacy" per the Fourth Amendment was not taken into account. In an opinion, US Circuit Judge Douglas Ginsburg wrote that data collected via the GPS tracker on Jones' car was "essential to the government's case," and that a "reasonable person does not expect anyone to monitor and retain a record of every time he drives his car, including his origin, route, destination and each place he stops and how long he stays there." The American Civil Liberties Union and the Electronic Frontier Foundation both assisted in Jones' appeal of the original sentence.

One of the dissenting judges, Chief Judge David Sentelle, expressed concern that the earlier decision by the three-judge panel was ""inconsistent not only with every other federal circuit which has considered the case, but more importantly, with controlling Supreme Court precedent." Judge Sentelle was referring to the 1983 case U.S. v. Knotts, which involved police using tracking technology on a container of chloroform thought to be used in the manufacture of drugs. In part, the ruling stated that an individual "traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another."

Jones' appellate attorney commented on the Court of Appeals ruling. He said:

"We are pleased that the Court of Appeals has declined the Government's request for en banc reconsideration and has reaffirmed the constitutional concerns identified by Judge Ginsburg and the other members of the panel, Judges Tatel and Griffith."

This article is presented by Price Benowitz LLP, serving Virginia, Maryland and Washington DC. For more information, please visit our Charles Criminal Lawyers and Alexandria Criminal Attorney websites.

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Deandrew Hamlin, found driving the jeep of slain American University School of Business professor Sue Ann Marcum last month, is facing one less charge in DC Superior Court. Having initially been charged with unauthorized use of a vehicle and being a fugitive from justice, Hamlin will no longer have to answer to the unauthorized use of a vehicle charge. He is now awaiting his extradition hearing which could send him to Maryland. Hamlin's Washington DC Criminal Attorney, pushed for the dismissal of the charge.

Only eighteen years old, Hamlin was arrested in DC on October 25th, mere hours after Professor Marcum was found slain in her home in Bethesda, Maryland. Montgomery County Police have said the killing was the result of a burglary--evidence of a sliced open window screen and missing items are consistent with that theory. She died from blunt force trauma and asphyxia.

Although Hamlin will no longer face the unauthorized use of a vehicle charge, he is still charged with being a fugitive from justice from Maryland. In Montgomery County, Maryland he currently faces charges of motor vehicle theft, theft over $1,000, and unlawful use of a motor vehicle.

Prior reports have called Hamlin cooperative with investigations though police state his stories have been inconsistent. His DC criminal attorney has not commented to the media at this time and it's unclear how he will be handling the additional Maryland charges.

Next week Hamlin will face his extradition hearing in DC Superior Court. At that time the court could decide to send him to Montgomery County to face the charges there. Officials state he is still considered a potential suspect in the homicide investigation of Professor Marcum, an investigation being handled locally by Montgomery County police.

This article is presented by Price Benowitz LLP, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Montgomery Criminal Attorney and Arlington Criminal Attorney websites.

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A Washington DC man entered a guilty plea November 10th in DC Superior Court for a shooting rampage in which four people were shot, one sustaining fatal injuries in the incident. Thirty-three-year-old Seneca Benjamin, who was previously convicted on 16 separate counts in relation to the incident, entered the plea, at the advising of his Washington DC criminal attorney, during jury deliberations in the case.

Benjamin's previous convictions included mayhem while armed, aggravated assault while armed, and assault with intent to kill for the incident on April 26th of 2009 that left fourty-two-year-old Monique Nalle dead of gunshot wounds to the head and chest. Federal prosecutors said that Benjamin "periodically spent time" at the home where his uncle and cousin lived with Nalle. Evidence in the case indicated that Benjamin went to their home on the day of the shooting, asking Nalle about a submachine gun. Nalle denied knowing where the gun was located, and prosecutors say she then accused Benjamin of slashing her son's tires. After refuting Nalle's claim, police say, Benjamin drew a firearm and fatally shot the victim.

Benjamin's uncle Andre Benjamin, who was watching television when the shooting occurred, "dove at" his nephew in an attempt to save Nalle. The defendant then shot Benjamin in the face. After he shot the elder Benjamin and Nalle, Seneca Benjamin encountered Whitfield Arnett, another person living in the house, downstairs in a chair. Benjamin then shot Arnett in the neck, chest and fingers, according to evidence presented in court. A fourth resident at the Bryant Street home snuck back into the house upon hearing the gunshots, and Benjamin shot the man in the chest. All three men survived the wounds sustained in the incident.

Sentencing in the case is set for January 21st, 2011. Benjamin faces more than 100 years in prison for the charges on which he was convicted.

This article is presented by The Law Office of David Benowitz. For more information please contact Price Benowitz LLP for more information, please visit our Somerset criminal attorney and Fairfax criminal attorney websites for more information on those offices.

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A former bookkeeper at the Hospitality Public Charter High School in Washington DC pled guilty November 9th on federal charges related to theft of funds belonging to the school. Thirty-two-year-old Ashanti Bumbray appeared in US District Court in the District of Columbia before Judge Rosemary Collyer to face a charge of theft from a program receiving federal funds, a felony.

Per a Statement of Offense filed in the case, Bumbray, of Waldorf, Maryland, worked as a bookkeeper a Hospitality Public Charter High School between September of 2008 and February of 2009. According to authorities, Bumbray embezzled more than $23,000 of funds belonging to the school by "issuing checks and initiating banking transactions for her personal benefit." Details of the incidents of theft were not disclosed in an FBI press release regarding the incident, and authorities say the theft occurred between October of 2008 and late January of 2009. It was also not revealed how the embezzlement came to light.

It was not known whether Bumbray was assigned or retained a Washington DC criminal lawyer to face the federal charges in US District Court. The charge to which Bumbray pled guilty carries a maximum sentence of ten years in jail and a fine of up to $250,000. Bumbray's sentencing was set for February 9th, 2011. Under sentencing guidelines, officials say Bumbray could receive probation in the case or up to six months in prison. Sentencing guidelines recommend a fine ranging from $1,000 to $10,000.

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Washington DC DUI Lawyer and Virginia DUI Lawyer websites.

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A Silver Spring man was sentenced last week for his role in the 1990 road rage altercation that left a twenty-one-year-old man dead. Forty-two-year-old John Holmes is said to have been impassive at the "emotional" sentencing, after relatives of the slain man testified about the "cold-blooded" killing.

The incident occurred the night of July 13th, 1990. Twenty-one-year-old Ronald Jones Jr. and three friends were in the victim's vehicle on Massachusetts Avenue NW when the altercation erupted. Court records state that sometime during the incident, Holmes drew a .357 magnum, shooting Jones four times. The victim's sister, LaQuisha Jones-Campbell, testified about her brother's promising future- that he had been accepted into Howard University's law program and planned to try out for the Dallas Cowboys- at the time of his murder:

"I remember the phone call that night. The phone call that caused my mother's knees to buckle and sent her crying on the kitchen floor," she said. "I remember four friends out having a good time, not knowing they would cross the path of a cold-blood murderer."

Jones's mother Deedra also spoke of the impact of her son's death on the family:
"We did everything right in raising our children. He was a good son with a future," she said. "It is unbelievable that someone would pull out a gun over something so silly. My family will never be the same."

The case lay dormant for nearly 20 years before a friend of Holmes who had witnessed the crime finally came forward in 2008. Holmes was charged with second-degree murder, and was found guilty during a trial this past July. DC Superior Court Judge Michael Rankin sentenced Holmes on October 29th to 15 years to life in prison on the second-degree murder charge.

This article is presented by The Law Office of David Benowitz, serving Virginia, Maryland and Washington DC. For more information, please visit our Virginia Criminal Defense Lawyer and Maryland Criminal Attorney websites.

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At first when I read this post, I found the idea to be a little far-fetched, but after considering the notion I realized it has validity. I am a huge sports fan (growing up with 4 brothers you really did not have a choice, at least if you wanted to watch tv in my house!). I have always been passionate when rooting for my teams and when I began doing fantasy football a few years ago, that passion extended to the players on my fantasy teams. I have just as much devotion to the people on my fantasy teams as I do for the players who make up my favorite teams (Go Steelers and Wolverines...and no, despite some recent transgressions, being a Steelers fan, does NOT make me a better Virginia criminal defense attorney).

Fantasy football is a game of strategy. You may have the best players and the best team. You may be projected to win and you may think you have made the right decisions when setting your lineup, but at the end of the day you still may come up short. You rely on the people you drafted to play their hearts out and lead you to the big "W". At the end of the week you can second guess yourself about what you could have done differently, but you had no way of knowing whether the RB you benched would have an outstanding day or whether the QB you started would go out of the game early with an injury.

Fantasy football IS a lot like criminal defense. I am passionate about representing the clients that choose me to fight for them and I try to the best I can to get them the best possible results. In fantasy football, you spend time analyzing the matchups, the projections and the statistics so that on any given Sunday you come out on top. This is no different in a criminal case where you evaluate the facts, research the law, talk with officers, witnesses, and commonwealth attorneys. Ultimately you advise your client about the pros and cons of going to trial or taking an offer. Your client makes the ultimate decision on what to do which is different from fantasy football where you call all the shots. You have to trust that the best decision was made based on information available at the time.

Just as our fantasy players can never make a promise on how many TD's they will score, Virginia DUI Attorneys, can never make a promise to a client about an outcome of a case. We can never promise what is going to happen in court or that a charge is going away. If they choose to accept a plea agreement, we have no way to know if they would have won at trial. If they choose a trial, we have no way to reassure them that they will not do worse than the offer that was made to them. All we can do is educate them on the law, the facts, what must be proved, and what the penalties will be if a Judge or Jury does not find in their favor. Sometimes we have to reevaluate options if new evidence comes to light or a really good deal is on the table, just as you reset your lineup if players get injured or there is a bye week. When it is all said and done, all we can do is support that client's decision and trust that they are getting the best result possible just as we trust that the lineup is the best one available on any given Sunday.

Regardless of whether it is fantasy football or a criminal case, you are always striving for the best outcome!

This blog post by Ann Thayer is in response to an earlier post by Washington DC Criminal Defense Lawyer David Benowitz. Ms. Thayer is the Director of the Virginia Criminal Lawyer Group for Price Benowitz LLP. We also have attorneys in Maryland and Virginia, so please visit our Kent criminal lawyer and Fauquier criminal lawyer sites for more information on those offices.

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