Other Criminal Offenses

The “Stet Docket” in D.C.

December 13, 2010 Criminal Procedure

I have talked about a number of ways that a criminal case can be dismissed prior to trial in D.C., including the “no-papering” of an arrest, a deferred prosecution agreement, or a deferred sentencing agreement.  One of the best options I have not yet discussed is the “stet processus” or “stet docket.” Stet is Latin [...]

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Extortion in D.C. and Virginia: An Endangered Criminal Offense?

November 16, 2010 Assault

Extortion is one of my favorite crimes, a fact which, I have to admit, is usually not much consolation to the person who gets me on the phone worried that he/she may be charged with it.  At the same time, however interesting the offense may be, you rarely come across it in practice. A former [...]

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D.C.’s Criminal Gang Statute To Be Tested

September 3, 2010 Assault

Trial begins today in D.C. Superior Court on a case that will test D.C.’s new criminal gang statute.  According to the Washington Post, five men who are allegedly members of the Todd Place crew are charged with killing a member of a rival group called the T Street gang.  In addition to first-degree murder, assault, [...]

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Sealing Criminal Records in D.C.

August 31, 2010 Other Criminal Offenses

While people charged with a crime tend to worry a lot about the case when it is still open, they try to put the whole experience behind them when the case is over.  First-time offenders may therefore fail to take advantage of an important option for minimizing the impact of the case on their futures:  [...]

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Erik Prince Meet Susan Burke

August 19, 2010 Current Events

My wife Susan Burke heads to the United Arab Emirates this weekend to depose Blackwater Founder Erik Prince as part of one of her civil lawsuits against him. As reported in yesterday’s New York Times, Susan has brought suit against Prince on behalf of former Blackwater employees accusing Prince of defrauding the government. Susan has [...]

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D.C. “John School” Prostitution Diversion Program Discontinued

August 16, 2010 Other Criminal Offenses

The U.S. Attorney’s Office for D.C. has just discontinued the “John School” diversion program, effective August, 2010, for prostitution solicitation.  Prior to that time, people charged with soliciting a prostitute paid a fee of $300 and attended a one-day class on legal, health, and other risks associated with the offense.  While the prosecutor in Room [...]

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Simple Assault and Disorderly Conduct Charged in D.C. Metro Fracas

August 9, 2010 Assault

While the D.C. Metro has traditionally been one of the cleanest and safest subway systems in the country, two incidents this summer have, according to the Washington Post, led D.C. officials to consider extra safety measures.  A 16-year-old boy was knocked unconscious in June by a group of people fighting over his Air Jordan shoes.  [...]

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Toronto Woman Arrested for Assaulting Police Officer With Bubbles

July 13, 2010 Assault

With thanks to Jonathan Turley of the Res Ipsa Loquitur Blog, here is a video of a Toronto woman apparently being arrested for assaulting a police officer with bubbles. If this had happened in Philadelphia (at least under the old regime), the woman would also have been charged with disorderly conduct, failure to disperse, and [...]

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Q’orianka Kilcher Arrested for Disorderly Conduct/Unlawful Entry

June 14, 2010 Other Criminal Offenses

How great is it to live and blog in D.C.?  We get all the fun stories. The Washington Post reported this morning on the arrest of Peruvian actress Q’orianka Kilcher earlier this month for chaining herself to the fence outside the White House.  Ms. Kilcher was using a visit to the White House by Peruvian [...]

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Disorderly Conduct: D.C. Court Narrows The Scope

June 13, 2010 Drug Offenses

Disorderly conduct is a really annoying charge. The first problem is that the offense is usually so broad and poorly defined that it is too easy for police to charge and too easy for the government to prove at trial.  For example, since intent to cause a “public inconvenience” is a major element of the [...]

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