Articles Tagged with dui

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 how the firm bills clients with flat fees. When you are under investigation or facing a criminal charge, uncertainty is everywhere. Its uncertain whether you may go to jail or lose your license or be put on probation. At Scrofano Law PC, whether it’s a DUI case or a serious felony, we charge flat fee billing. In a case evaluation, each attorney will go over the facts of your case and determine a fee based on a number of variables, including, among other things, the complexity of the case and the likelihood the case will go to trial.

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file0001722308752-225x300This entry is part two of a three part series explaining what diversion is in the District of Columbia.  The first part discussed the Deferred Prosecution Agreement or “DPA.”  Part II discusses a Deferred Sentencing Agreement or “DSA.”  A DSA is similar to a DPA in that the government will require the person accused of a crime to jump through a series of hoops in exchange for ultimately dropping the charges.  Both the US Attorney’s Office for the District of Columbia or USAO and the DC Office of the Attorney General or OAG offer DSA as a pretrial diversion option in limited circumstances.

For the DC crimes charged by the USAO, the criteria for a DSA is very similar to its criteria for a DPA.  A person must drug test negative to qualify for a DSA.  If the person’s first drug test is negative, then that will satisfy the requirement.  However, if the first test is positive, then the person must drug test until he or she gets two consecutive negative tests.  Usually, a prosecutor will offer a DSA instead of a DPA for somewhat arbitrary reasons.  It could be a prior conviction in the person’s background or something related to a complaining witness in the case.  A DSA is still a good deal in most cases.  However, it requires the person plead guilty where a DPA does not.

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In DC criminal law, people often ask what diversion is.  This post is the first part in a three part series that answers that question.  Diversion is a program offered by the prosecution where when an individual meets certain conditions, the government will dismiss the charges against that person.  Several types of diversion programs exist in DC.  Having a criminal defense lawyer who can explain the diversion options is important when you are charged with a crime in DC.  Before understanding what type of diversion options exist, its important to know the difference between the two government agencies in DC that prosecute crimes.

As previously mentioned, the DC Office of the Attorney General (OAG) prosecutes only traffic misdemeanors.  The United States Attorney’s Office for the District of Columbia (USAO) prosecutes all other misdemeanors and felony crimes.  Felonies are crimes that carry a maximum penalty of more than one year in jail.  That difference is important in and deserves further discussion in a future post.  The United States Attorney’s Office has more flexibility in diversion programs and also has more options with more reasonable requirements.  So, the first couple of posts on this topic will discuss diversion options the USAO offers.  I will discuss the OAG’s diversion police in a later post for those primarily concerned with options when they get a DC DUI.

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In the Washington, DC criminal defense world, a common scenario occurs where an individual gets pulled over by the police, arrested for DUI, and charged with two cases.  This scenario occurs when someone gets pulled over, the officer arrests the person for DUI, and later finds drugs in the vehicle—regardless of whether the drugs actually belong to the person arrested.

In most jurisdictions, that person would get charged for two crimes: drug possession and DUI.  In DC, however, the person will not only get two charges but have two criminal cases against them.  Two separate law enforcement agencies will prosecute each case.  The DC Office of the Attorney General will prosecute the DUI, and the United States Attorneys’ Office for the District of Columbia will prosecute the drug possession charge.  It is common for one set of facts to lead to a prosecution for two separate charges.  But DC criminal law is unique that the same set of facts can lead to prosecution for two separate cases.

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