The current DC Statute on consumption of marijuana in public is clear and concise categorizing the act as a misdemeanor offense with significant penalties. However if appears that the Major’s directive issued on September 21, 2018, limits the penalties to a non-custodial arrest and payment of $25 fine for posting and forfeiting. The Statute specifically criminalizes consumption of marijuana in or upon a public space including: A street, alley, park, sidewalk, or parking area; A vehicle in or upon any street, alley, park, or parking area; or Any place to which the public is invited. For the purposes of this subsection,
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Monthly Archives September 2018
MENS REA NEEDED FOR LEAVING AFTER COLLIDING CONVICTION: DC COURT OF APPEALS: DC DUI LAWYER:
The Court of Appeals in Crawford v. D.C. decided on September 6, 2018, reversed a conviction for Leaving After Colliding (“LAC”) due to lack of sufficient evidence for the conviction. The appellant had argued specifically insufficient evidence to satisfy the mens rea element of the offense, which requires that: The appellant “know[] or ha[ve] reason to believe that his . . . vehicle has been in a collision.” D.C. Code § 50-2201.05c (a). Factually, the appellant was observed by the Police Officers with his vehicle abutting the car in front of him in the parking space and it appearing that
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RECENT COURT OF APPEALS DECISION: DC CHILD CUSTODY LAWYER: SPECIAL IMMIGRATION JUVENILE STATUS
The Court of Appeals in Benitez v. John Doe, decided on September 6, 2018, reversed the trial court decision in denying an Special Immigration Status for a juvenile (“J.V.B”) subject of this appeal. The “SIJ” statute provides, in relevant part: [A special immigrant juvenile is] an immigrant who is present in the United States: (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State
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HANDGUN LICENSING REQUIREMENTS LESS RESTRICTIVE NOW: RECENT COURT OF APPEALS DECISION: WASHINGTON DC CRIMINAL LAWYER
The DC Court of Appeals in Hooks v. U.S., decided on August 30, 2018, in effect modified the DC handgun licensing requirements to be consistent with the D.C Circuit Court Decision in Wrenn. The DC Statute currently applicable to licensing is codified under D.C. Code § 22-4504 (a) and provides: The Chief of the Metropolitan Police Department (“Chief”) may, upon the application of a person having a bona fide residence or place of business within the District of Columbia, or of a person having a bona fide residence or place of business within the United States and a license to
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