Lousy plea offers. More trials.
During the pandemic, criminal defense lawyers got spoiled with the favorable plea offers. With dockets backing up, the government was desperate to resolve cases through non-trial dispositions. One...
View ArticleA man with a destination
Many years ago, when I first started work at D.C. Superior Court, I had a daily encounter with an older woman as I came into the court building each morning. Dressed nicely and sitting on the bank of...
View ArticleRenewal of CJA Panel for 2024
D.C. Superior Court Chief Judge Anita Josey-Herring issued an order on March 15, 2024, that renewed for four years the list of attorneys eligible to accept appointments under the Criminal Justice Act...
View ArticleD.C.’s new criminal record sealing and expungement statute
Scheduled to take effect in January 2026, D.C.'s new criminal record sealing and expungement statute should make it much easier for people to move on from a criminal past. The post D.C.’s new criminal...
View ArticleNegotiating the “proffer of facts” in a plea agreement
As part of a plea agreement, the government typically requires the defendant to agree to a "proffer of facts," a written statement of the evidence the government would have proven had the case gone to...
View Article“Not guilty” in two cases and on all counts
Trials can be challenging. The stakes are high, and the pressure can be unrelenting. I have been feeling the strain. It was therefore particularly gratifying to win across-the-board acquittals in two...
View ArticleOn sycophants, yes men and self-respect
Here is the recently released statement of Edward R. Martin, the new U.S. Attorney for the District of Columbia: “I want to thank President Trump for trusting me to re-establish law and order in...
View Article“No matter what” and the U.S. Attorney for D.C.
“No matter what.” These are chilling words to hear from any law enforcement official. After all, given the enormous stakes involved in a criminal prosecution, restraint has to be the operative word....
View ArticleOn interacting with the jury after trial
Trying to read the jury can be a humbling experience. Many years ago, during a DUI trial in D.C., I was encouraged by a young man in the front row who, listening intently, seemed to agree with...
View ArticleOde to D.C. Superior courtroom clerks
Jada Aristilde, one of my favorite courtroom clerks, has left the building. Ms. Aristilde leaned over to me in courtroom 314 earlier this week after my case was called to tell me that that was her last...
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