In the Washington, DC area, there are three types of "Drunk Driving" offenses. Each type requires different elements and carries a different sentence if convicted. I have included some general information below, but every situation is unique. You should contact a DC drunk driving lawyer as soon as possible to discuss your case. Always remember that an arrest is not a conviction. There is more information posted in our DC DUI and DWI Frequently Asked Questions section.
In Washington, DC, traffic violations may be civil infractions that could result in fines and points on your driver’s license, or they may be considered crimes depending on what a motorist is accused of doing. Here is a closer look at some motor vehicle crimes and infractions. There is more information posted in our DC Traffic Violations Frequently Asked Questions section.
Speeding (non criminal) – In the District of Columbia, the standard posted speed limit is 25mph. If you have been stopped for speeding, and the officer alleges that you were traveling at a speed greater than 25mph but less than 55mph, the officer can give you a standard speeding ticket. This can result in points on your license and higher insurance premiums.
If you have been caught using a fake ID at a Washington, DC bar, night club, or liquor store, and charged with misrepresentation of age, you are probably worried about what this means to your future. You are probably asking yourself some following questions:
1. Will I go to jail? 2. Will I have a criminal record? 3. What will my parents say? 4. Do I need to hire a lawyer? 5. How much will a lawyer cost? 6. Can the charges just be dismissed?
As a Washington, DC criminal defense attorney who handles fake ID cases, I would like to try and answer some of those questions. First, if you were taken to the police station and held in a holding cell after being booked, that is probably the only “jail” time you will see. Misrepresentation of age in Washington, DC is a misdemeanor punishable by a maximum of a $300 fine and a 90 day suspension of your driving privileges if convicted.
It is important to remember that an arrest for using a fake ID does mean that you will be convicted and a have a criminal record. There are a lot of things your DC criminal defense attorney can do to help you avoid a conviction for using a fake ID. He may be able to negotiate a community service diversion where you agree to complete a set number of community service hours at one of over 30 approved non-profits in the District and payment of a fine in exchange for all charges being dismissed. There is also the possibility of a deferred prosecution agreement (DPA) or a deferred sentencing agreement (DPA), all of which can result in no convictions on your record. Keep in mind that your life is not over, and there is a lot that can be done to allow you to move past this.
If you have been charged with using a fake ID in Washington, DC or any other DC crime, contact The Law Office of Daniel A. Gross, PLLC for a free consultation by calling (202) 596-5716 or by filling out an online contact form. Visa, MasterCard, and Discover cards are accepted.
If you are under the age of 21 and arrested for underage drinking in Washington, DC, you should contact a criminal defense attorney as soon as possible. Underage drinking charges in Washington, DC carry a maximum sentence of a $300 fine and a 90 day suspension of your driving privileges if convicted. What you are probably more concerned about than the potential penalty is whether you will have a criminal record, and what a university will do you in terms of academic discipline.
As a Washington, DC underage drinking lawyer, I would like to answer these questions. First, there is a lot that can be done to prevent you from getting a conviction for underage drinking. Your lawyer may be able to negotiate a community service diversion where you will be required to complete a certain number community service hours at one of over 30 approved non-profit organizations in the District in exchange for all charges being dismissed. There is also the possibility of a deferred prosecution agreement (DPA) or a deferred sentencing agreement (DPA), all of which can result in no convictions on your record.
If you have been charged with underage drinking in Washington, DC or any other DC crime, contact The Law Office of Daniel A. Gross, PLLC for a free consultation by calling (202) 596-5716 or by filling out an online contact form. Visa, MasterCard, and Discover cards are accepted.
In the District of Columbia, “assault” generally refers to the use of force (hitting, punching, kicking, stabbing, etc), or threatening to use force on another person. This includes what is commonly referred to as “assault and battery” on TV and in other states. In Washington, DC, there are several different types of assault. Below is a list of some of them, including the potential penalties. Please note that this is general information that may not be applicable to your specific situation. If you have been charged with a DC assault, contact a criminal defense attorney immediately.
In the District of Columbia, drug charges can be classified as either a misdemeanor or felony depending on the amount and type of controlled substances involved. The D.C. Controlled Substances Act determines what drugs are classified or “scheduled” into various categories. Controlled substances that are considered more dangerous or have a higher risk of addiction are placed in a different schedule from less dangerous controlled substances.
A Washington, DC Theft charge involves wrongfully obtaining or using the property of another with intent to deprive the other of a right to the property or to take the property for his or her own use. "Wrongfully obtains" simply means that you did not have permission to take the property.
In some cases, the stolen property may actually be a service instead of a physical object. Under District of Columbia law, if a person is provided a service and that person had no intention of paying, then the person may be guilty of theft. For example, if you eat at a restaurant and have no intention of paying the bill, you may be charged with theft under Washington, DC law.
The maximum penalty for theft in DC is determined by the amount or value of property involved.
Washington, DC has what many criminal defense lawyers believe to be the toughest gun control laws in the nation. Until the Supreme Court case of District of Columbia v. Heller, you were not even allowed to have a loaded gun in your home for protection. The DC law required the gun to be stored unloaded in a locked case, and the ammunition locked in a separate case. After the Heller case, the law was changed by the DC City Council to allow residents to have a loaded handgun stored in your home. You must register the gun and the ammunition and are allowed to own the caliber of ammunition for the gun you own. If you are found with even one bullet designed for a gun you are not registered to own, you can be charged with a gun crime.
Expunging or Sealing a Criminal Record in Washington, DC
Washington, DC expungement lawyers are commonly asked for assistance with sealing or expunging a criminal record. There are many reasons that a client may wish to have his or her record or “rap sheet” expunged. The primary reason is that it can be very difficult to get a job when employment applications ask if you have ever been arrested or convicted, and potential employers may make you agree to a background check. It may be hard to get people to trust you even if many years have passed and you have never been in trouble since. Having your criminal record expunged may allow you to finally put the past behind you and get on with the rest of your life. The information provided is simply that, general information, not legal advice. Each case has different set of facts, and it is best to contact a lawyer to get a more accurate answer.
In DC, white collar crimes such as Fraud and Embezzlement usually involve theft of money that was already placed in the defendant's control. This could involve stealing money from clients or your company accounts. It could be as elaborate as a pyramid scheme or as simple as a contractor not completing a project he or she was hired to do. These crimes may involve public officials, city or federal agencies, or deal entirely with private parties. One major difference between white collar crimes and other crimes is that many white collar defendants may fully admit to their actions but cannot understand why their conduct was illegal. They may have even taken the time to research the law before they engaged in the potentially criminal actions.
The problem is that government regulations can be written in a very confusing manner, and this makes it very easy for the government to prosecute a defendant.
Whether you are the parent of an elementary through high school student, or attending a Washington, DC college or university, suspension, expulsion, or academic termination can have serious consequences on future success. Having a lawyer representing you during any school hearing can greatly increase the chance of a successful outcome. The Law Office of Daniel A. Gross, PLLC represents students in public and private primary and secondary schools as well as college or university students facing discipline in the District of Columbia.
College or University Disciplinary Hearings - If you have been arrested on or off campus, you may be subject to an academic disciplinary hearing which could result in expulsion. While the school may try to make you believe this is an informal process where you don’t need a lawyer, your future is at stake, and having an attorney to represent you can be the difference between success and failure.
First Degree Burglary - This DC felony burglary charge involves breaking and entering, or entering without breaking, any dwelling (home), apartment, or other room where someone sleeps, with intent to enter and steal any property or commit any other crime, if anyone is home at the time of the burglary. A conviction for first degree burglary in Washington, DC may result a sentence of 5 to 30 years in prison.
Robbery is a serious DC felony charge. If you have been arrested on suspicion of robbery or armed robbery, you should contact a criminal defense lawyer as soon as possible. You should not answer any questions that the police may ask. You have a right to remain silent, but it is up to you to exercise that right. Below is some information about robbery charges in the District of Columbia.
Robbery - The DC Code defines Robbery as taking property from another with the use of force, threat of force or violence, sudden to stealthy seizure, snatching, or putting the victim in fear. The sentence for a robbery conviction is 2 to 15 years.
Armed Robbery – This charge is similar to the standard DC robbery charge except it involves the use of a gun or other dangerous weapon. A conviction for armed robbery could result in a 30-year sentence to prison.
In Washington, DC, juvenile court is run very differently from adult criminal court. The hearings are restricted to essential personnel only, the defendants' names are not made public, and defendants are not found guilty and "convicted" of crimes. Instead, they are found to be "delinquent." They are not sent to serve time in prison but rather placed in the custody of the DC Department of Youth Rehabilitation Services (DYRS). The point of these differences is that the juvenile justice system is designed to rehabilitate troubled youth and to do so in a manner that does not ruin any chance of them having a decent future. In the real world, things do not always work out as the system intended.
The DC Code uses the term “sexual abuse” to define what is commonly referred to as “rape” and related sexually based offenses. There are different degrees of sexual abuse crimes in Washington, DC for which one could be charged.
First Degree Sexual Abuse – This DC sex crime involves forcing a person to engage in a sexual act with the use of physical force or threatened use of a gun or other weapon.
Second Degree Sexual Abuse – This degree of sexual abuse involves threatening or placing a person in reasonable fear or knowing the person was incapable of declining consent or incapable of expressing a desire to refuse to engage in sexual conduct.