DC Criminal Lawyer Blog

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 Maryland Criminal Lawyers and Virginia Criminal Attorney websites.

According to his Maryland criminal attorney, the former chief financial officer of the Maryland Legal Aid Bureau is expected to plead guilty to charges of theft from a program receiving federal funds. Benjamin L. King, Jr., CFO of Legal Aid from 1978 to 2008, is accused of conspiring with Wendell Jackson to steal from the organization through an inflated invoicing scheme in which the Maryland Legal Aid Bureau overpaid for office supplies from a company that the two men created. Jackson allegedly sent fraudulent invoices which overcharged for purchased products, and King paid the invoices with Legal Aid funds. The men pocketed the difference in the real price and the inflated price, with King alleged to have received 85% of the embezzled funds.

Federal prosecutors estimate that King and Jackson used the scheme to steal $1.1 million from the Maryland Legal Aid Bureau between 2004 and 2007. Prosecutors say approximately $275,000 of that amount came from federal funds supporting the public interest organization. King's Maryland criminal lawyerlawyer, however, says that while his client is ready to plead guilty to charges of stealing from the Bureau, he disputes the amount. King's defense lawyer claims that the involvement of another person in the scheme makes the exact amount difficult to determine, calling the situation "murky." King and his attorney estimate the amount to be over $400,000, but say it falls short of $1 million--a federal sentencing guidelines threshold.

King's alleged partner is also expected to plead guilty later this month to charges resulting from the scheme.

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

With the identification of "hate crimes," a person's motive in an assault becomes key in the development of charges. While DC criminal defense attorneys work to get their clients' charges lessened or dismissed, a person's alleged motive for an attack could actually lead to enhanced charges.

On June 16, the Washington DC Metropolitan Police Department announced that two men charged in a 2009 robbery and assault were convicted, and that a bias enhancement was added to their charges. Michael Cowan, 23, and Vernon Long, 25, were found guilty of robbing and beating two men, at least one of whom they perceived to be homosexual.

The incident, which occurred in November 2009, took place when Cowan, Long, and several other men robbed and attaccked two teenagers, aged 17 and 19, as they were leaving a DC convenience store. After stealing the victims' jackets, Cowan and Long beat them. Cowan was charged with continuing the attack based on his perception of the sexual orientation of one of the victims. He admitted to police that he used a derogatory term to reference the victim's perceived homosexuality as he beat him. Because the attack continued as a direct result of Cowan's belief that the victime was gay, the bias enhancement was added to his charges. Washington DC criminal defense lawyers know that bias crimes, or hate crimes, stipulate greater penalites.

Cowan and Long were found guilty of two counts of robbery, one count of assault with a dangerous weapon/ bias-related crime, and one count of assault with significant injury/ bias-related crime. They will be sentenced on July 26.

The District of Columbia is not alone having bias crime statutes. Forty-five other states have also passed hate crime laws; 32 of them cover bias-motivated violence on the basis of sexual orientation. A DC criminal defense attorney must consider the alleged motive when defending a client against bias-enhanced assault charges.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Assault Attorneys and Virginia Assault Lawyers websites.

A man accused of first-degree assault, simple assault, and driving while intoxicated planned to plead guilty to the charges until he discovered that a sentence-review panel could increase his term if urged by prosecutors to review the case. His New Hampshire DWI lawyer said that since no guarantee could be made that his sentence would not increase, he could not recommend that the client accept the plea agreement.

Joseph Nault, 20, was charged with first-degree assault after an incident earlier this year in which he is accused of smashing a woman's face into the door frame of a car, fracturing her nose. He faces additional simple assault charges for allegedly putting the woman in a chokehold and twisting her arm behind her back. When officers pulled Nault over, they found vodka in his vehicle and charged him under New Hampshire DWI laws with driving while impaired and being a minor in possession of alcohol.

Under the proposed plea deal, prosecutors would drop the minor in possession charge and recommend a lower sentence in exchange for Nault's guilty plea in the other charges.

Joseph Nault appeared in court planning to plead guilty to the charges, which, under the agreement, would have made him eligible for a maximum prison sentence of up to four years; Nault's NH DWI lawyer planned to argue for a sentence of only six months. However, the judge in the case informed Nault that a sentence review panel could override the sentence, even beyond the four year maximum negotiated in the plea agreement. Since no guarantee could be made that Nault's sentence would not increase, Nault withheld his plea and will let the case be decided at trial. If convicted of first-degree assault, he faces a prison sentence of up to 15 years.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia DUI Attorneys and Maryland DWI Lawyers websites.

A Washington DC criminal defense attorney knows that no one is immune to criminal charges. Political leaders, public officials, and law enforcement officers have all found themselves facing prosecution. Recently, a former DC police officer was convicted of charges stemming from a shooting in 2008.

The DC Superior Court found former police detective Sheldon Hargrove guilty of weapons charges in an incident in which his longtime friend shot an employee after arguing over wages. Hargrove's DC criminal defense lawyer challenged the charges that stemmed from his client supplying the weapon used in the shooting.

According to the prosecutors, Ronald Johnson, a general contractor, called his friend Hargrove for help in an argument with a worker. When Hargrove arrived, he handed Johnson a loaded semi-automatic weapon. Johnson shot the victim, who was sitting in a truck, twice in the chest. When the victim exited the vehicle and ran, Johnson continued to fire the pistol until it was emptied. An off-duty police officer witnessed the shooting and helped apprehend Johnson.

Convicted of assault and weapons charges, Johnson faces up to 15 years in prison. Hargrove, who supplied the weapon, faces up to 5 years as a result of DC Superior Court's guilty verdict. His sentencing will be held July 23.

Not even law enforcement officials and ex-cops are immune to weapons charges such as carrying a pistol without a license, assault with a weapon, and unlawful sale of a firearm. A DC criminal defense attorney knows that no one--regardless of political, professional, or societal contributions--is above the law.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Gun Lawyer and Virginia Gun Attorney websites.

Even when American military men and women are fighting abroad, they can still be held accountable in the United States for crimes committed internationally. Practicing in the nation's capitol, an experienced DC criminal lawyer may encounter returning veterans accused of criminal charges for acts committed in other countries. In a recent case, a American soldier set to be freed after a Washington DC military court overturned a guilty conviction for the execution-style murder of an Iraqi man in 2006.

Seven Marines and one Navy man were originally charged in the murder case, included then-Sergeant Lawrence Hutchins. He was convicted of second-degree murder and given a dishonorable discharge from his position within the military. Prosecutors alleged during the trial that Hutchins was the "ringleader" in a conspiracy plot to kidnap a suspected enemy, kill him, and then lie about the cause of his death. The supposed goal was to make an example of him, warning other insurgents to end burying roadside explosives.

Hutchins is the only one remaining behind bars while the other six men convicted were detained no more than 16 months. Originally, he was sentenced to serve 15 years, but was reduced to 11 after the Washington DC military court overturned the decision. It was found by the court that Hutchins was denied a fair trial, as one of his head criminal defense attorneys left the case shortly before his court-martial. A Washington DC Criminal Defense Lawyer observing this matter would likely be intrigued by the challenges and complications that an international incident would add to this case.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Homicide Attorney and Virginia Homicide Lawyer websites.

There is a delicate balance within the legal system that tilts between enforcing minimum sentences for individuals charged with criminal violations, and allowing judges to use their best judgment when announcing punishment. While an experienced DC DWI lawyer would favor giving the respective judge discretion, editorials from Washington DC news sources are conflicting--even within the same publication.

The Washington Post wrote an article advocating against enforcing required minimum sentences on individuals convicted of crack cocaine possession. They even applauded a recently passed bill that gives "judges a greater degree of discretion" when determining a sentence for low-level drug convicts. However, just a week later, the Washington Post published an article demanding for enforced minimum sentences for drunk drivers. The Post argued that lawmakers in the DC Metro area attempt to "coddle" DUI offenders by diluting important drunk driving laws.

If the contradiction is not already apparent, why should judges not also have discretion in first-time DUI cases, similar to low level drug offenders? It does not make any sense.
A viable argument is made in requiring installed breathalyzer interlock systems into the vehicles of repeat offenders or those who had a blood alcohol content over 0.15 percent. It is still possible however, to be arrested on DC DUI charges even if the level of impairment is comparable to talking on a cell phone while driving. Because each case is different, it would not make sense to punish first time or low level DUI suspects the same as a reoccurring offender with a high breath-alcohol score would be.

A judge should be able to use their best judgment to determine each case individually, as opposed to having a set minimum requirement standard for all. Opposing harsh sentences for a marginal first-time drunk driver is often criticized for being "pro-drunk driving." By this standard, allowing judges to use personal discretion in DUI cases is "no more 'pro-drunk driving' than The Post's editorial is 'pro-crack cocaine.'" While the Post had great intentions on advocating for judge's discretion when deciding drug cases, not to apply it to low-level DUI offenders is inconsistent, as would be apparent to a DC DUI defense lawyer.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia DUI Lawyer and Maryland DWI Lawyer websites.

An accusation of sexual crimes in the District of Columbia is a serious matter and can result in significant consequences for a suspect. Hard-working and knowledgeable DC criminal lawyers are experienced in dealing with sex offense accusations and are well-informed in properly handling matters of this nature. A DC criminal lawyer understands that an accusation alone, regardless of the outcome, carries potentially disastrous social ramifications. Such are the circumstances of a recent case in Washington DC where a Catholic priest was removed from his position after allegations of sexual misconduct with young girls surfaced.

Father Michael Schapfel served as a Catholic chaplain of a girls' movement abroad during the 1980s and 1990s. Once through with the movement, he moved back to the United States and worked as a priest at a Catholic church in Washington, DC. However, multiple sex crime allegations against Father Schapfel arose in the past month, prompting civil authorities from abroad to call Father Schapfel back for trial. Foreign officials stated that when they released Father Schapfel to the United States in 2004, they were unaware that the girl was a minor.

These sexual allegations against Father Schapfel come as a surprise to many. According to a letter from the Diocese of Mainz, the priest had no known criminal background, nor any prior behavior that would make him appear to be unfit to be around children. On the contrary, Father Schapfel attended a child protection training program and signed a contract agreeing to uphold its policies. Investigations are ongoing in both the United States and abroad.

Facing accusations of engaging in a sex crime in DC or internationally is a traumatic experience for one to go through. Enlisting the services of a hard-working and experienced legal defense to protect your personal liberties and freedoms can help mitigate the impact of these or similar charges. Contacting a practiced DC criminal defense lawyer immediately will ensure the highest quality legal advice and defense against accusations of this magnitude.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Sex Crime Attorneys and Virginia Sex Offense Lawyers websites.

In a metropolitan city, where most people rely on public transportation to get around, the taxi industry is generally a powerful one. Washington DC residents spend great amounts of money on a daily basis using taxis to navigate the city. This large industry is under fire and in need of representation by DC criminal lawyers due to a new, widely publicized case regarding the purported bribing of DC city officials by a select group of its members.

According to investigators, the cab scandal began in 2007 when Washington DC changed their taxi system to one that charges passengers by a meter. Abdulaziz Kamus and his fellow conspirators allegedly wanted the city to limit the number of taxis allowed to conduct business in DC, and then obtain as many licenses for them as possible. Court documents maintain that their goal was "controlling and dominating the taxicab industry in the District" as easily as they could.

To support their control on the taxicab industry, Kamus and his associates allegedly gave over $270,000 in cash, tips, or offered trips to Washington DC officials. Also suspected in the DC fraud case is Ted Loza, the former chief of staff for DC Council member Jim Graham. Although he maintains his innocence, Loza left his position after an indictment accused him of accepting bribes. Kamus however, pled guilty in the U.S. District Court to DC conspiracy charges and one count of paying bribes to a public official.

Being accused of a DC fraud, bribery, or conspiracy charge is an overwhelming process for anyone to experience regardless if they acted alone, or within a group. As seen by the example of Abdulaziz Kamus and the expansive taxicab conspiracy scandal, pleading guilty to criminal charges can have permanent consequences. Not only can your reputation be scarred forever, but it is possible to face jail time. To fight these charges, you will need the best legal advice and legal representation to devise the highest quality defense for your case. In delicate situations such as these it is essential to contact a hard-working and aggressive DC criminal defense lawyer for help immediately.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Fraud Attorneys and Virginia Criminal Defense Lawyers websites.

Large metropolitan areas like Washington DC are often populated by people of different ethnicities, beliefs, and backgrounds. Many laws are specifically designed to protect minorities from attacks fueled by prejudice. Experienced DC criminal lawyers can attest to the fact that many criminal cases arise from these laws. A recent example is found with the case of a man charged of a hate crime after harassing members of the LGBT community in Washington DC.

Over a year ago, Christopher McDonald, 27, accosted a group of women with homophobic comments while they ate pizza along the sidewalk. Eventually, he admitted to law enforcement officials that he threatened them while flaunting a knife because of his beliefs about homosexuals. The United States Attorney's DC Office recently charged him on two criminal counts of hate crime violations, sentencing him 1.5 times the normal penalty because the crime was bias-motivated.

Many organizations, such as the Anti-Defamation League, have praised the U.S. Attorney's Office for their swift actions, applauding their "commitment to securing justice for the victims, and making it clear that expressions of bigotry and hatred will not be tolerated in the District of Columbia." Additionally, hate crime ordinances have spread across the country, being adopted in 45 states. However, it is important to be careful when examining such cases that the guaranteed right of free speech is not violated, as it is one of the founding principles of the United States Constitution.

Being accused of a hate crime is a strenuous process for anyone to go through, whether or not there was criminal intent. Conviction of bias-motivated violations can have life-changing consequences, not only limiting your personal freedoms and liberties, but tarnishing your reputation. To prevent this from happening to you, it is essential to contact a hard-working DC criminal defense lawyer for help. Receiving high quality legal advice and legal representation is an essential asset to your defense that you cannot afford to compromise.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Assault Lawyer and Maryland Assault Lawyer websites.

Practicing in a metropolitan city, it is common for a DC criminal lawyer to represent a number of juveniles facing criminal charges. Because Washington DC has many universities, colleges, and schools, any students who make a minor mistake, whether there was violent intent or not, still could be taken into police custody. The circumstances are similar in a recent case where two DC teenagers were hit with firearm charges after bringing a BB gun to school.

According to law enforcement officials, the DC gun charges stemmed from a scare occurring last Wednesday, when two St. Albans School students were seen in the parking lot with a rifle. Arya Mortazavi, 18, allegedly transported the firearm to the school in a gray Jeep before allowing the unidentified 17 year-old male to handle the weapon before placing it back in the car.

Although police stated that there was no evidence that the two young men intended on using the BB gun for violent purposes, the incident caused three private schools in the area to go into lock down mode. While the situation was being investigated, entry or exit from St. Albans, The National Cathedral School, and Sidwell Friends schools was strictly prohibited. Though no one was injured, and the boys showed no intent of violence, they were still arrested for criminal violations--Mortazavi was charged with violating DC gun regulations by transporting the BB gun to school grounds, while the other teen was accused of illegal gun possession by a minor.

Facing criminal charges is a scary and difficult experience for anyone to go through, especially for juveniles and individuals just over majority age. Conviction on DC gun charges can have serious and permanent consequences, including fines and possible incarceration. To prevent your personal liberties and freedoms from being taken away, it is essential to contact an experienced and aggressive DC gun lawyer immediately. Doing so can not only provide the highest quality legal advice and legal representation, but also help ensure the most positive outcome for your case.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Gun Lawyer and Virginia Gun Attorney websites.

Practicing in a metropolitan area, it is common for an experienced DC criminal lawyer to represent a number of individuals who have been accused of criminal charges occurring on a college campus. As these locations tend to house many young adults within a small area, it quickly becomes a hotspot for potential robberies to occur. The circumstances are similar for multiple armed robberies recently recorded on Howard University's campus downtown.
According to university law enforcement officials, the DC armed robbery charges are stemming from a hold up that took place in the early hours of April 1st, inside the engineering building. Four masked men approached students ordering them to give up their personal belongings. Immediately afterward, the robbers fled the scene onto Georgia Avenue.

Washington DC police officers claim that over the next three hours, the suspects committed nine more armed robberies. Each report had similar circumstances. The robbers have allegedly targeted Hispanic and black men either walking alone or in pairs, stealing cell phones and other personal items. Although no one was injured in the robberies, the suspects allegedly threatened some victims with a gun before they forfeited their belongings.

While detectives are investigating the series of armed robberies, Howard University is taking precautions. In addition to heightening security on campus, the university has encouraged all students to keep building and residence hall doors locked. Lastly, if a student witnesses anything suspicious, they are to immediately report it to university police.

Facing criminal charges is a strenuous process for anyone to go through, regardless of where the crime allegedly occurred. Conviction of DC armed robbery charges could have life-changing and permanent consequences, including significant jail time. For the highest quality legal advice and legal representation, it is vital to contact a trustworthy and aggressive DC armed robbery lawyer immediately. Doing so can help protect your personal liberties and freedoms from being taken away.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Robbery Attorney and Maryland Robbery Lawyer websites.

Practicing in a large metropolitan area, it is common for a DC criminal lawyer to represent a number of high-powered business leaders who have been accused of a variety of criminal charges. As the economy continues to dwindle, more and more business owners are being held as suspects in fraud cases, usually involving large amounts of money over a duration of time. In a recent case with similar circumstances, a DC businessman has been accused of bribing public officials and laundering money that stirred up the local technology office.

The chief executive of Washington DC's Advanced Integrated Technologies Corporation, Sushil Bansal, 43, was taken into custody by law enforcement officials. He is being accused of DC fraud charges for allegedly bribing public officials and laundering money for the advancement of his company. Federal officials claim that starting in 2005, Bansal gave monetary gifts to a number of employees including Yusuf Acar, the chief security officer for the D.C. government's Office of the Chief Technology Officer. In return, Acar allegedly gave millions of dollars worth of contracts to Advanced Integrated Technologies. The two men created fake invoices and time sheets of Bansal's non-existing employees to scam more money from the city. Additionally, according to an informant, the fraud scandal also involved buying lesser-quality equipment, allowing the scammers to keep the difference.

Last year, Acar pled guilty to accepting over $550,000 in bribes from Bansal in exchange for the substantial contracts given to Advanced Integrated Technologies. He is set to be sentenced on April 16th, 2010. However, since the scandal has become exposed, twenty-three employees working full-time in the District's technology office have been fired. Although nothing is official at this time, Bansal is expected to also plead guilty to his charges.

Facing criminal charges is a difficult and scary experience for anyone to go through, regardless of profession. Conviction of DC fraud charges can have extreme consequences, including significant fines and jail time. To prevent these things from happening to you, it is vital to contact a hard-working and experienced DC fraud lawyer immediately. Doing so can not only provide the best legal advice and legal representation, but also help ensure the most successful outcome for your case.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Criminal Lawyer and Maryland Criminal Attorneys websites.

Throughout the legal career of an experienced Washington DC criminal lawyer, it is common to represent a number of individuals who have been accused of a variety of criminal charges. This becomes an increasingly complicated and delicate situation when the accused person has an influential or very public occupation, such as a celebrity, politician, or police officer. In a recent case with similar circumstances, a woman is currently claiming that she was raped numerous times by a Washington DC police officer wearing his uniform the entire time.

The thirty-five year-old woman maintains that the law enforcement official not only intimidated her, but sexually assaulted and raped her several times while he was on duty. The admitted drug addict and prostitute phoned 911 in late February after she believed she was wrongfully evicted from her home. As her story goes, the officer accused of DC sex offense charges is the one that responded to her call. Allegedly, the policeman offered to help her keep her home, but informed her that not only was her house under surveillance, but she was required to become a drug informant.

What happened during the DC police officer's repeated trips to the woman's home is the central topic of the internal investigation being currently conducted. Although the woman contends that she complied with the sexual acts out of fear, because of her background in drugs and prostitution, the question of consent will weigh heavily upon the results. If any wrongdoing is determined, the officer in question could face suspension from the force, or potentially lose his job. Currently, he has been moved from active duty to behind a clerical desk while the investigation continues.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Maryland Criminal Attorney and Virginia Criminal Attorney website.

Practicing law in a metropolitan city, it is common for a Washington DC Criminal Defense Lawyer to represent individuals who have been accused of a number of criminal charges, including kidnapping. Sometimes, those who are kidnapped are related to the accused and others they are complete strangers. In a recent DC kidnapping case, a woman unsuccessfully attempted to take two children from their caregiver's stroller.

On Monday evening, Crystal Ann Barnes, 23, approached a woman with a stroller carrying two children as she walked down the street. Barnes attempted to grab the children and take the stroller away, after spitting in the caregiver's face and pulling her hair. The children's father flagged down a police officer for assistance in the 400 block of First Street. Barnes was arrested just a few hours later by Washington DC police at the Capitol South Metro Station for DC assault charges and DC kidnapping charges.

U.S. Capitol Police spokeswoman Sgt. Kimberly Schneider declined to discuss many details surrounding the kidnapping incident because the investigation is currently on-going. Law enforcement officials believe that Barnes had no connection with the children, nor their female caregiver. "It seems pretty random," Schneider said. Barnes, identified by the female victim, was described as being vicious and forceful, nonetheless.

This article is presented by The Law Offices of David Benowitz, representing clients in Washington DC, Maryland and Virginia. For more information, please visit our Virginia Assault Lawyer and Maryland Assault Lawyer web pages.