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District of Columbia Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for District of Columbia on
Q: Do I have the right to leave the property during a house search
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

In the United States, if law enforcement officers have a valid search warrant, they generally have the right to search the property specified in the warrant. However, you do have the right to leave the property during a house search, as long as you are not being detained or arrested.

If you...
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1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can the DC rioters, including the organizers be charged under DC law with the murder of the police officer and rioter?

Under D.C. law anyone acting together to commit a felony may be charged as principles or accessories, DC ST § 22-1805 and DC ST § 22-1806. Most charged admit that they were there to “stop the steal” which was to disrupt congress while in session. It is a felony to intimidate or impede a... View More

Laurence L. Socci
Laurence L. Socci
answered on Oct 17, 2022

No, they cannot be charged with murder. For a murder charge, there must be a showing of intent to commit murder. There is no intent. They may be charged with manslaughter if it could be proved that they knew there was a likelihood someone could get killed.

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Do I have to do 30 days in jail and one year probation or just one year probation

Count 1 Attempted Possession ofUnregistered Firearm(Firearm)Sentencedto30day(s) incarceration under 24-903(b) YRA, executionof sentence suspended asto al, *YRA Supervised Probation for 1year(s). $50.00 VVCA, VVCA Due Date

09/13/2023

15 hour community service

Count 2... View More

Laurence L. Socci
Laurence L. Socci
answered on Feb 14, 2023

It looks like you just have probation and the jail time is suspended.

1 Answer | Asked in Criminal Law, Constitutional Law and Libel & Slander for District of Columbia on
Q: I need help in my case for January 6, 2021. If anyone can help me, please let me know.

I need help regarding my charges for being inside the Capitol on January 6

Laurence L. Socci
Laurence L. Socci
answered on May 27, 2022

I'm a DC criminal defense attorney. I offer low-bono services, which means I offer significant discounts for certain cases. This would be one of those cases. If you would like to discuss your case with me, you can call me at 202-262-5843 or email me at laurence.socci@soccilawfirm.com.... View More

1 Answer | Asked in Copyright and Criminal Law for District of Columbia on
Q: Is it illegal for someone to create a Facebook fan page account using my name and then request money from members?

They promise to get them grants using my name for credibility and then run away with my customer's money

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2022

In California and many other jurisdictions, it is illegal to use a person's name or likeness for profit without their permission. You should check with a local attorney to determine whether that prohibition applies where you are.

1 Answer | Asked in Employment Law and Criminal Law for District of Columbia on
Q: Is it false imprisonment to hold an employee after hours?

A high level manager asks a salaried employee if they can stick around to meet with them at 5:00pm which is normal close of business.

Employee is escorted to a conference room and takes a seat. The manager says they need to make some calls and then shuts the door.

The employee can... View More

Matthew T. Famiglietti
PREMIUM
Matthew T. Famiglietti
answered on Feb 6, 2022

The definition of false imprisonment is very strict. It is a term under criminal and tort (civil) law. Under tort law it is classified as an intentional tort. A person commits false imprisonment when he or she commits an act of restraint on another person, confining that person in a bounded area.... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can I press charges on someone who sent a zoom court call recording to another person who wasn’t involved in the case?

zoom court hearing recording was sent to someone who wasn’t the party involved. The recording was sent to me by someone who wasn’t involved and was sent to them by the person who was involved in the case.

Mark Oakley
Mark Oakley
answered on Sep 12, 2021

It seems to me, the appropriate party to complain to is the court itself, since the offense, if any, was a violation of court rules established to protect the court process. You (or your lawyer) should provide the evidence of the improper party's involvement in the hearing and recording of it... View More

1 Answer | Asked in Criminal Law, Internet Law, Libel & Slander and White Collar Crime for District of Columbia on
Q: if someone were to make deepfake of both video and audio version of me, would that count as impersonation?

if somebody, were to make deepfake videos, and deepfake audio of me, with the intent of malicious intent of harming my reputation, would that count as impersonation?

Mark Oakley
Mark Oakley
answered on Apr 17, 2021

It might be many things, depending on the facts. First, DC and Virginia are "one-party" audio recording jurisdictions, where only one person (the recorder) needs to consent to it, unlike in Maryland where it is illegal to make an audio recording of someone else without their actual... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can the police ask the airline if I was traveling on its plane
Mark Oakley
Mark Oakley
answered on Dec 13, 2020

The police can always ask. The question is, do you have a legally protected interest in keeping your flight records private from the police? The answer is no. If you would like a deep dive into all the data and information regularly collected from airline passengers and analyzed by the... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can a person be charged w/wonton endangerment if there are no victims or witnesses involved in the case?

Can the person be convicted of wonton endangerment w/no victims or witnesses in the case?

Mark Oakley
Mark Oakley
answered on Oct 22, 2020

There is no crime defined in the District Of Columbia as "wanton endangerment." There are crimes of assault, mayhem, etc., that must involve another person as the victim of the offense. there may be other crimes depending on the specific acts involved. Your question is rather vague.... View More

1 Answer | Asked in Criminal Law for District of Columbia on
Q: I was physically assaulted by a metro bus driver, the case went to trial, the driver was found guilty, sentenced 1 year

metro wants to settle. on what basis can I get compensation?

Mark Oakley
Mark Oakley
answered on Dec 14, 2019

You have a claim against both the WMATA employee for assault, as well as WMATA itself based on vicarious liability for their employee’s actions, common carrier liability, and negligent hiring and supervision, among other possible theories. Those causes of action are the basis on which you... View More

1 Answer | Asked in Criminal Law and Personal Injury for District of Columbia on
Q: If person X climbed into person Y's window to commit murder. Y's window fell, chopped off X's head.

Y's window is a pull-up window. The window is in bad quality, and wasn't used frequently. The remaining body of the person X dropped from the sky, fell on a baby and the baby was killed. Can the baby's mother sue person Y? Is person Y at all responsible for this incident? Can person... View More

Gary Kollin
Gary Kollin
answered on Sep 2, 2019

This site is for real legal problems, not hypotheticals

1 Answer | Asked in Criminal Law and Constitutional Law for District of Columbia on
Q: Can u get arrested for not wearing a seatbelt?
Mark Oakley
Mark Oakley
answered on Jun 10, 2019

No. It’s not even a moving violation and carries no points. Normal fine is $25.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Elder Law for District of Columbia on
Q: My father, who lives in Washington, DC needs to get out of a reverse mortgage scam. He wasn't 100% to sign a contract.

He was approximately 80 at the time. Diminished vision. Emotionally compromised. Victim of phone and mail fraud.

Richard Sternberg
Richard Sternberg
answered on Feb 19, 2019

You should have a consult with a lawyer before he dies. The facts matter, and they should not be discussed in an open forum.

3 Answers | Asked in Civil Rights and Criminal Law for District of Columbia on
Q: In DC when the police are called, do I have to answer their questions? Do I have to show them my ID? Can I leave?
Mark Oakley
Mark Oakley
answered on Dec 19, 2018

You never have to answer questions, and you are free to leave at any time until and unless you are under arrest, for which they require probable cause to believe you have committed a crime in their presence, or a recent crime nearby, or if they have an arrest warrant.

Regarding pedestrian...
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2 Answers | Asked in Criminal Law for District of Columbia on
Q: What motion do you file to ask for a bond on a capias
Mark Oakley
Mark Oakley
answered on Dec 6, 2018

A capias warrant is usually issued for failure to appear in court at a scheduled appearance. You could file a motion to recall the warrant and reschedule the court date, providing good reasons why you failed to appear, or alternatively try and arrange turning yourself in before the same judge who... View More

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1 Answer | Asked in Criminal Law for District of Columbia on
Q: How can my fiance transfer his probation to another state if he is homeless in Ga?

He got no body to support him in Ga I am his fianse but I am living in Washington, DC where he was born..we are dating for almost 4 years now and planning to get married when he comes out.

Gary Kollin
Gary Kollin
answered on Sep 10, 2018

Simple.. file a request with the probation office or parole office

1 Answer | Asked in Criminal Law for District of Columbia on
Q: What does it mean if you have a bench warrant?
Mark Oakley
Mark Oakley
answered on Jun 12, 2018

You missed a court date, and the judge issued a warrant for your arrest "from the bench" in open court for your failure to appear. You need a lawyer to arrange to turn yourself in an have the court date rescheduled, and to represent you on the charges.

1 Answer | Asked in Criminal Law and Domestic Violence for District of Columbia on
Q: Can an inmate file for a protection order if his accuser is harassing him?

My son was found guilty and sent to jail because of his accuser testimony. After he was sent to jail the woman kept scheduling visit to come see him just to block others from coming. She kept sending letters and messages to different family member of his. She has even tried to have all of my mail... View More

Mark Oakley
Mark Oakley
answered on Feb 21, 2018

Consult a criminal law attorney about the letter claiming she lied to get him convicted. There may be something that can be done regarding his case. There is also basis to file a protective order or maybe even criminal charges for harassment, and in your case, criminal forgery and interference... View More

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