DC Criminal Lawyer Blog

Practicing law in the nation's capitol, a Washington DC criminal attorney largely concerned with updating the public on the latest changes in national law that could affect any individuals who have been accused of drug possession or drug distribution charges. Conviction of criminal charges can have life-changing consequences for American citizens--however, as seen by the example of Carachuri Rosendo, being caught with drugs more than once could result in deportation for immigrants to the United States.

Rosendo moved to the United States when he was four years-old, residing here ever since. In 2004 he was convicted of possession of marijuana, and in 2005 he was charged with a secondary offense for having one Xanax pill without a subscription. Even though Rosendo currently lives with his fiancée and four children, all of whom are American citizens, he was deported following the second series of minor drug possession charges.

The national government stated that the original marijuana possession is characterized as an aggravated felony requiring deportation. However, Rosendo was tried in a state court under state law, and was not convicted as a repeat offender. The high court is set to hear this particular case at the end of March, debating whether documented immigrants who have been convicted of multiple drug-related crimes be subject to deportation. Essentially, the issue concerns whether a second drug possession offense should be elevated to an aggravated felony, and therefore requiring deportation. Additionally, receiving the label of aggravated felony prevents immigrants from petitioning their deportation to an immigration judge.

Supporters of Rosendo's cause point out that unlike the judgment of aggravated felonies, no other drug-related reasons for deporting immigrants (controlled substance, drug abuser or drug addict) prevented the individual from petitioning on their behalf. Additionally, there are several preceding cases that involve repeat drug-offending immigrants who were allowed to stay in the country and proceeded to become law-abiding citizens. Immigrants' rights advocates are anxious for the Supreme Court to take notice of these stories, and fix the inconsistencies in immigration 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 Criminal Attorneys and Virginia Criminal Attorneys websites.

A Washington DC criminal lawyer is likely to see many drug possession cases throughout his or her legal career. Many clients are much like Orlando Martino, who over the past fifteen years, has been in and out of jail at least a dozen times. Generally, he was convicted on drug possession charges and drug distribution charges--once he sold illegal drugs to an undercover police officer, while another time he resisted arrest for drug possession and was chased by law enforcement officials.

Last August, police caught Martino with two "sandwich-sized" bags of marijuana in his car while he was on probation. When he realized that he could be facing jail time again for these charges, he found both a lawyer and a doctor. A physician at a local health clinic approved Martino's application for a medical marijuana card, citing the need to suppress the symptoms of a chronic headaches and frequent migraines. By December 1st, he received the government approved card that allows him to legally smoke marijuana any time he wants--a right that he shares many other Americans with debilitating diseases.

What started as basic drug possession proceedings, has become a precedent setting case. The criminal defense lawyer for Mantino is trying to convince prosecutors to drop previous drug charges and current probation charges on the grounds that he is now a legal medical marijuana user, even though the drug is illegal nationally. The case has focused on the rules of the four-year old medical marijuana program, while at the same time, the state Senate commission is exploring decriminalizing marijuana entirely. Therefore, the conditions are ideal for the defense to be successful in proving their case.

Medical marijuana programs are generally run by state employees who are barred by state law from questioning whether it is appropriate to give marijuana cards to people with extensive criminal records. On the other hand, the attorney general is put under pressure, as this is a case that could greatly affect the way that police officers and prosecutors treat drug crimes in the future--especially if they know that defendants can go straight from the booking office to the doctors office and ultimately clear away their charges. Both the prosecution and defense agree on one thing. That this is not only a very important case, but a completely unique one--it is the first time that someone was booked on marijuana possession charges, and then received a medical marijuana card weeks or months later.

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

When practicing in a large, metropolitan area, it is common that a Washington DC criminal lawyer will represent numerous clients that have been accused of drug possession charges, drug distribution charges, or both. Individual represented are often repeat offenders, much like Redmond O'Neal, the son of the late television starlet Farrah Fawcett. A judge has ordered him to go back to jail, as according to authorities, he violated his probation with a string of drug offenses.

O'Neal was sentenced yesterday to a thirty-day, in custody drug rehabilitation program after being prosecuted of a drug possession charge. The violation of his drug-related probation was committed while O'Neal was on a twenty-four hour pass from a residential treatment center. When he returned to the rehabilitation center, he admitted that he had used drugs. O'Neal tested positive for unspecified narcotics, and was taken into custody on December 29th. Currently, he is being kept away from the general population at a local jail.

The reported violation is the most recent in a series of bad news for O'Neal after his mother's death from cancer last year.O'Neal was already participating in a court ordered program for a similar charge. During a routine security check last year, deputies found O'Neal to be in possession of heroin while in the parking lot of his detention center. Because of this, a judge sentenced O'Neal to six years of a suspended license and three years of probation.

However, these were not his first run-ins with the law. In September 2008, both O'Neal and his father were charged and arrested together on felony drug possession charges. After searching their home, the local law enforcement officials discovered methamphetamine in the father's bedroom and on O'Neal. At the time of these charges, he was on probation after pleading guilty to felony drug charges and misdemeanor driving while intoxicated. O'Neal was arrested while driving drunk and while carrying heroin and methamphetamine. By accepting guilt, he escaped jail time.

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 websites.

Throughout the career of an experienced Washington DC criminal lawyer, clients have been represented that attempted and failed to evade the legal process. In the past few years, the internet and the virtual world of online gaming seems the perfect place for individuals accused of criminal charges to hide. However, in reality it isn't as safe as one may think. It is possible to trace activity back to the source, and track charged criminals. A perfect example, is the recent case of a local law enforcement detective, Matt Roberson found a wanted fugitive through one of the internet's most popular games: The World of Warcraft.

Online gamers were playing alongside Alfred Hightower, a man who has been accused of drug possession charges and drug distribution charges. Formally, he is wanted on charges of dealing a schedule III and schedule IV controlled substance, as well as two counts of dealing marijuana. A warrant for his arrest was originally issued in 2007. The help of the U.S. Marshalls was enlisted to locate a group of fugitives, and Hightower was among those targeted. However, authorities were unable to find him--he had left the country.

With the help of fellow law enforcement officials and police detectives, Roberson began compiling information on Hightower, and soon found out that he was a fan of the online video game, the World of Warcraft. After receiving information that he was a regular gamer, the sheriff's department had enough information to get a subpoena to the company that manages the online game.

Although it took a couple of months, the creators of the game finally responded to Roberson's request. They gave him everything that he needed to know to track Hightower, including his IP address, account information and history, billing address, his online screen name, and his preferred server. After searching the IP address, Roberson got the longitude and latitude of Hightower's whereabouts, and was able to track his specific address. It was then arranged for Hightower to be brought back to the origin of the primary charges and face legal consequences starting January 5th, 2010.

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 Drug Lawyer and Maryland Drug Lawyer web pages.

Practicing in a metropolitan city, it is common for a Washington DC Criminal Defense Attorney to defend famous individuals, including athletes in court against a variety of criminal charges. Similar to many cases handled is the example of four NCAA basketball players who were arrested on drug charges and weapon charges just hours after beating their arch rivals. On New Years Day, a law enforcement officer stopped the young men as they were speeding on a highway.

Cameron Tatum, Tyler Smith, Melvin Goins, and Brian Williams were stopped by police around 11:30 a.m. The law enforcement officer smelled a strong odor of marijuana coming from the car. Therefore, he called for a K-9 officer and a back-up team. After the K-9 officer confirmed the presence of drugs, the four players were asked to step outside the car so the police could search it.

Upon investigation, police found a handgun under the driver's seat that could be "accessible by either the driver left rear seat passenger." Also found in the vehicle was a handgun that had an altered serial number under the passenger seat. This firearm was accessible by the other two passengers in the car. Also found in the vehicles by investigators was a bag of marijuana and an open container of alcohol.

Although it was not determined if the drivers and the passengers were under the influence of marijuana, according to police reports a strong odor of the drug was coming from the car--as if it was recently smoked in the vehicle. Because of this, instead of giving misdemeanor citations, each player was physically arrested. All were charged with misdemeanors including: unlawful possession of a firearm, possession of a firearm with an altered serial number, possession of marijuana and an open container of alcohol. As a result of the charges, head coach Bruce Pearl suspended all four players late Friday.

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

Practicing in a metropolitan area, a Washington DC criminal lawyer is likely to represent a number of famous or celebrity clients who have been accused of criminal charges. Cases handled are much like the recent arrest of the grandson of Walt Disney for suspicion of gun possession charges. At approximately 5:30 a.m. on December 9th, Patrick Miller Disney, 42, was arrested at his home. He is the youngest son of Disney's only biological daughter, Diane Disney Miller.

This is not Miller's first run-in with law enforcement officials. He was previously arrested in 2005 for drug possession charges. Because Miller was convicted for this crime, he was prohibited from owning or handling any sort of firearm or ammunitions. As a result of his previous conviction, the local police department ran background checks on Miller. During a routine search, it was discovered that Miller had purchased guns and ammunition.. The District Attorney's office filed a felony warrant, ultimately allowing the sheriff's department to search through his home for any illegal activity. The warrant was served, Miller was arrested, and brought to county jail. Bail for Miller was posted at $70,000--although he was arrested a number of weeks ago, he was just released this past week.

Although Miller was originally charged with just one count of felony possession of a firearm, the police investigation of his home showed there was more beneath the surface. Law enforcement officials found thirteen handguns, a rifle, one illegal assault rifle, as well as an assortment of narcotics. As of yesterday, Miller has been slapped with two dozen new charges including nineteen counts of unlawful possession of a firearm by felon or addict, one count of possession of an illegal firearm, and three counts of possession of a controlled substance with a firearm. If convicted, Miller faces up to eight years in a state controlled prison.

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 websites.

It is likely that a Washington DC criminal lawyer will represent clients who have been accused of criminal charges of drug possession or drug distribution. The outcomes of the cases could be affected by the new legislation currently being debated by the D.C. Council. Laws are being proposed that would increase the penalties for possession of PCP. Officials maintain that the current laws are weak and ineffective, because they do not fully represent how dangerous of a drug PCP is. Therefore, it is their goal to take a more firm stance on the matter. If these laws pass, it will ultimately affect the clients of DC criminal attorneys charged with drug distribution or drug possession.

Drug distribution of PCP is much different than other drugs because the liquid form comes in very small quantities. Many juries have found a disincentive to convict an individual arrested for possession of PCP, especially because the amount is often so small. Mendelson and other co-contributors to the bill hope that it will raise awareness of the dangerous and erratic behavior PCP can cause, as well as the consequences of that behavior. Often uncontrollable and unpredictable, individuals high on PCP can pose safety risks to those around them as well as themselves.

Three weeks after the December 1st introduction of the bill, fifty year-old Mary Jones was killed as she waited for a bus in Southeast Washington DC. She was hit by a speeding sedan driven by a Maryland man who was allegedly intoxicated on PCP. Driving twice the legal speed limit, Glendale Ogburn drove his vehicle in a straight line down the sidewalk, running Jones over. When police caught up with Ogburn, he smelled of both marijuana and PCP. He was arrested, and charged with negligent homicide for his role in the death of Mary Jones.

Under current D.C. law, possession of phencyclidine in any form is a misdemeanor. The new legislation, drafted by Councilman Phil Mendelson, would increase the punishment to a felony charge. Such a conviction would carry consequences of up to a $5,000 fine and five years in prison.

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 Drug Lawyer and Virginia Drug Lawyer web pages.

Practicing criminal defense law in a metropolitan location, it is common that a Washington DC criminal lawyer will represent famous clients when accused of criminal charges. Celebrity cases handled are similar to that of hip-hop recording artist Dwayne Carter Jr., best known as Lil' Wayne, who pled guilty in late October to attempted possession of a weapon in the second degree. He is to serve eight months in prison this year after being convicted of weapons related charges. The rapper, 27, received a minimal sentence, as the maximum sentence for gun charges is up to fifteen years in prison.

After a 2007 performance, law enforcement authorities smelled marijuana from Lil' Wayne's tour bus, and proceeded to investigate. Original drug possession suspicions transformed after investigators located a .40 caliber pistol aboard the tour bus. Felony gun charges were ultimately filed against the recording artist. Originally, Lil' Wayne pled not guilty to gun charges. However, after admissible DNA evidence was found on the pistol, Lil' Wayne opted to take his lawyer's advice and take the plea bargain.

The trial on the gun charges is to begin in January, 2010. If he is found guilty, it could result in a three and a half-year prison sentence. Although Lil' Wayne is to serve eight months in jail, the courts generally take a tough stance on gun charges, regardless of celebrity status. For example, former NFL wide receiver Plaxico Burress received two years in prison after taking a gun with him into a night club.

Gun charges are not Lil' Wayne's only problems, however. The rapper is also facing trial for felony drug possession charges and gun charges in another state. These charges resulted following another search of Lil' Wayne's tour bus by law enforcement officials. In this particular instance, Lil' Wayne was charged with drug possession of one-hundred-five grams of marijuana, twenty-nine grams of cocaine, forty-one grams of ecstasy, as well as gun charges for unlawful possession of a handgun. Lil' Wayne's criminal justice law attorney reported to Rolling Stone magazine that he was "well-informed throughout, and he made a choice of how he wished to handle the situation. He decided to take responsibility."

Lil' Wayne is currently the second popular hip-hop recording artist to serve time as a result of gun charges. After being sentenced in March 2009, rapper T.I. is currently serving his year-long prison sentence after pleading guilty to gun charges. Furthermore, Lil' Wayne joins the ever-growing group of celebrities that are facing legal repercussions for their actions--whether the charges be gun charges, driving while intoxicated, drug possession, fraud, or a mix of each.

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