Articles Posted in Arrests

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Unlike most jurisdictions, the District of Columbia Superior Court does not operate on a cash bail system. That means there are no bail bondsman in the District of Columbia. In addition, how much an arrested person can pay has no bearing on whether the person actually gets released. Instead, the D.C. code has something called the Bail Reform Act, which creates a condition-based system for pretrial release.

There are certainly benefits to the approach but also some problems. Unlike many states, no person arrested will languish in jail because they cannot afford to pay a bondsman. However, the condition-based system actually has a practical effect of essentially putting the defendant on probation before even getting convicted. For most misdemeanor offenses, like DUI and simple assault, the judge will release the individual on personal recognizance.  Personal recognizance is just on the person’s promise to return to court.

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The District of Columbia has notoriously strict gun laws. However, a series of court cases in the Supreme Court and lower federal courts have, to some extent, made obtaining a concealed carry permit feasible. As discussed in previous posts, several important cases have chipped away at the District’s prohibition of the possession of, registration, and carrying of firearms in the city.

The purpose of this post is not to be a treatise on these cases but its important to note the general holdings in these cases. In 2008, the Supreme Court, in Heller, held that the Second Amendment of the United States Constitution applied to the District of Columbia and stated possessing a firearm at home for self-defense was a constitutional right. In reaction to that decision, the City Council passed cumbersome regulatory laws that permitted individuals to register a firearm to possess at home for the purpose of self-defense. Simultaneously, the City Council barred anyone from carrying a pistol outside their home or place of business.

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For family members and loved ones of those arrested can experience intense anxiety, fear, and stress.  First and foremost, when someone in DC gets arrested, the police will not likely give accurate information as to where they will take the person.  If the police have told you that the person will be taken to Central Cellblock, you can call and find out if that is correct.

Central Cellblock is located next to DC Superior Court at the Metropolitan Police Headquarters.

The contact information for Central Cell Block is:

300 Indiana Ave., NW
Washington, DC 20001

Phone: (202) 727-4222
Fax: (202) 727-2230

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Owner and Founding Attorney Joseph Scrofano discusses the importance of exercising your right to remain silence. It is one of our most cherished and fundamental rights. The police, court, and government cannot lawfully hold it against you. We hear it in the movies and see it on television. It is one of our fundamental rights under the constitution. The two most important things you can do in any police interaction are: (1) show respect and cooperate with the officer; and (2) assertively yet respectfully assert your rights. It may sound contradictory but you should even say the words: I am asserting my right to silence. People often ask whether they should answer questions that police officers ask. And a common misconception out there is that your case will get dismissed if the officer fails to read your Miranda rights.

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1423322313o0gx3If you operate a vehicle in the District, DC law states that you have given consent to submit to a breathalyzer test if you get stopped by the Metropolitan Police Department (“MPD”) for suspected DUI or DWI. However, MPD is not going to force you to take a breathalyzer test. You can refuse to submit to testing. At Scrofano Law PC, while the facts of every case are different, we believe that if you have had even a drop of alcohol, refusing to take a breathalyzer test will usually better protect you and your rights.

To convict someone of DUI, the government must prove that the person (1) operated a motor vehicle in DC, and (2) was intoxicated. Without breathalyzer results, it is more difficult for the government to prove that you were intoxicated. DC criminal laws allow the government to use your refusal to take the breath test as evidence that you were intoxicated. What this means is that the government will provide a judge with proof that you refused to take the test and argue that you must have refused because you were feeling guilty about drinking and driving.

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There are a lot of important qualities to look for when hiring a criminal defense lawyer.  You want an attorney who truly cares about their clients.  Its important for a criminal defense lawyer to have a strong and aggressive personality.  Trust me, the government will literally run you over in a criminal case and not think twice about it if you let it.  You absolutely want someone who is strong and willing to fight.

However, in my opinion, the most important thing to look for is an attorney who will be completely honest with his clients.  For example, in the District of Columbia Superior Court almost all first offenders can get probation in DUI cases so long as nothing in the arrest triggers mandatory minimum jail time (for example, a breath score above .20 triggers mandatory minimum jail).  If you walk into a DC DUI lawyer’s office having blown a .14 as a first offender with no other criminal history, no car accident, or other aggravating circumstances and he or she tells you that you could be facing serious jail time, walk out.

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private-sign-1382045-mIf you are arrested in the District of Columbia, the police will confiscate your property.  The police will take your property and in most cases they make it very difficult (if not impossible) for you to get your property back.  When they take your property, there are three primary manners in which they categorize the property, which determine the process you must use to get it back.

First, personal property, which may include keys, wallet, and other personal items.  That type of property is the easiest to get back.  The police should give you a property receipt, which you can take back to the police station to get your items returned.  However, the police will not release personal effects to a third-party.  That means if you are locked up after your arrest, you cannot send a friend or family member to pick up the property.

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