How to Choose Your Criminal Defense Lawyer

In the realm of legal matters, navigating through the intricacies of criminal charges can be a daunting experience. Whether you find yourself facing allegations of a misdemeanor or a serious felony, one of the most critical decisions you'll make is selecting the right criminal defense attorney. This choice can significantly impact the outcome of your case and your future. Here's a guide to help you make an informed decision when choosing your legal representation:

1. Expertise and Specialization

First and foremost, seek an attorney who specializes in criminal defense. While general practice lawyers may offer assistance in various legal matters, a specialist in criminal defense possesses the specific skills and experience necessary to navigate the complexities of your case. Attorney Leigh has more than 12 years of criminal defense experience.

2. Experience Matters

Experience is invaluable in the field of criminal defense. An attorney who has handled numerous cases, including trials, negotiations, and appeals, is better equipped to anticipate challenges and devise effective strategies for your defense. Additionally, inquire about their experience with the local court, as familiarity can be advantageous. Attorney Leigh has practiced in multiple Maryland counties and the District of Columbia throughout her career, giving her insight into multiple local court systems.

3. Reputation and References

Research the reputation of potential attorneys within the legal community. Online reviews, testimonials, and referrals from trusted sources can provide insight into an attorney's professionalism, ethics, and effectiveness. It takes time to build up a strong reputation. Attorney Leigh is well respected by peers, judges, and her clients.

 4. Clear Communication

Effective communication is essential in any attorney-client relationship. Choose an attorney who listens attentively to your concerns, explains legal concepts in a clear and understandable manner, and promptly responds to your inquiries. A transparent and communicative lawyer will keep you informed throughout the legal process, empowering you to make informed decisions about your case. Attorney Leigh understands that good communication is vital for the attorney-client relationship and effective representation.

5. Personal Rapport

Trust and rapport are crucial when working with a criminal defense attorney. Schedule consultations with prospective lawyers to assess their demeanor, approachability, and compatibility with your personality and values. A strong attorney-client relationship built on mutual respect and trust can significantly enhance the effectiveness of your defense strategy. The client should choose a lawyer that makes them feel comfortable, given the nature of criminal defense. Attorney Leigh makes it a point to build rapport while being herself, and she understands that rapport is crucial to the attorney-client relationship.

 6. Resourcefulness and Creativity

Criminal cases often require innovative and resourceful approaches to achieve favorable outcomes. Seek an attorney who demonstrates creativity in problem-solving and a willingness to explore all available legal avenues. An adaptable and strategic lawyer can effectively navigate unforeseen challenges and advocate vigorously on your behalf. Attorney Leigh’s experience as a public defender early on in her career helped her hone the ability to handle the unexpected due to the large number of cases that went to trial – a vital skill for a criminal defense lawyer.

7. Fee Structure and Affordability

Discuss the attorney's fee structure and billing practices upfront to avoid any misunderstandings later. While quality legal representation is an investment in your future, it's essential to ensure that the costs are within your budget. Some attorneys may offer payment plans, so don't hesitate to inquire about options that align with your financial situation.

Choosing the right criminal defense attorney is a critical decision that can profoundly impact the outcome of your case and your future. By prioritizing factors such as expertise, experience, reputation, communication, rapport, resourcefulness, and affordability, you can select an attorney who will vigorously defend your rights and interests. Remember to conduct thorough research, trust your instincts, and prioritize your best interests when making this important decision. With the guidance of a skilled and dedicated legal advocate, you can navigate the complexities of the legal system with confidence and pursue a favorable resolution to your criminal case.

Contact our office at 240-396-4373 to schedule a consultation with Morgan E. Leigh today.

SELF DEFENSE AND DEADLY FORCE IN THE DISTRICT OF COLUMBIA

Self-defense is a complete defense to assault-related crimes, including murder. This article will discuss when self-defense applies, and when the use of self-defense can include deadly force in the District of Columbia.

When can self-defense and/or deadly force be used?

A person has the right to use reasonable force to defend themselves if they believe they are in imminent danger of bodily harm and there are reasonable grounds for their belief. The focus is on whether the defendant/accused actually believed that they were in imminent danger of bodily harm at the time of the incident and under the circumstances as they appeared to the defendant/accused at that time. A person may use reasonable force, which is that force necessary to protect themselves at the time of the incident.

In some cases, it may be necessary for a person to use deadly force to defend themselves. Under DC law, “deadly force” is “force that is likely to cause death or serious bodily harm.”[1] If a person actually and reasonably believes that they are in imminent danger of death or serious bodily injury and the only way to save themselves is to use deadly force, then they are legally entitled to use deadly force. Use of a firearm is the most common type of deadly force, but deadly force does not necessarily require the use of a weapon. For example, if a person is kicked repeatedly in the head by a grown man, this could be deadly force.

“Serious bodily harm” and “serious bodily injury” are defined as “bodily injury that involves substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss of impairment of the function of a bodily member, organ, or mental faculty.”[2]

What if the Defendant’s belief of imminent harm was false?

Since the focus of self-defense is what the defendant reasonably believed based on how the situation appeared to the defendant at the time, a person has a right to use self-defense even if it later turns out that the perceived threat was false. For example, many BB guns appear like a regular handgun. If an intruder breaks into your home and points a BB gun at you that you believe is a real handgun, then you could use deadly force even though the “firearm” turned out to be a BB gun. However, once the threat has been dispelled, you may no longer use deadly force. Thus, if the intruder pointed a gun at you and then ran out of the house, you would not be entitled to self-defense if you shot him in the back as he was running away, regardless of whether you believed that the gun was real or not.

Is there a duty to retreat?

DC law uses the “middle ground” standard between the right to stand and kill and the duty to retreat. Though there is no absolute duty to retreat in DC, the jury may consider whether the defendant could have retreated to safety when assessing whether the defendant “was actually or apparently in imminent danger of [death or serious] bodily harm.”[3] The idea behind this standard is that the jury can consider whether the defendant could have avoided using deadly force by escaping or walking away at the moment that s/he used deadly force. DC has not squarely adopted the “Castile Doctrine”, which is when the law does not require a duty to retreat when a person is within their own home. DC courts have held, however, that the castle doctrine does not apply in the situation where one co-occupant uses deadly force against their roommate or another occupant of the same home.

Does it matter who was the initial aggressor?

The short answer is “yes”. A person cannot generally place themselves in harm’s way or provoke another person and then rely on self-defense to justify the use of force. However, if the initial aggressor withdraws from the fight/situation in good faith and makes their withdrawal clear to the other party, then they regain the right to use reasonable force to prevent imminent bodily harm.

Example 1:

Mark shoves Andy towards the door of a bar and shouts: “Let’s go! I’m ready to beat your ass in the parking lot.” Andy turns around and shoves Mark, who then punches Andy in the face. Mark cannot claim self-defense because he initiated the fight.

 Example 2:

Mark and Andy go out to the parking lot after Mark challenges Andy to a fight. Both men are actively engaged in a fight and Andy gains the upper hand and has Mark in a chokehold. Mark shouts out: “Ok – I’m out. Please no more.” If Andy does not release Mark, then Mark has the right to use whatever force necessary to prevent further harm to himself.

 Example 3:

Let’s take Example 2 a step further. Mark is armed with a handgun in his waistband. Andy has Mark in a chokehold and will not let go despite Mark’s desperate plea that he is choking and will not engage in further fighting. Mark is having difficulty breathing and starting to feel lightheaded. Mark, fearing that he will choke to death, may use deadly force to save himself.

Can I use force to protect another person?

A person has the same right to use reasonable force to prevent imminent harm to another person as long as s/he believes that the other person is in imminent danger of bodily harm and there are reasonable grounds for that belief. The amount of force used must be proportional to the harm. The same principles of self-defense and deadly force that apply to oneself may be applied to a third person.

The right to use self-defense can change from one minute to the next depending on the facts of each case. If you find yourself or someone that you know facing assault charges, then you should not delay in consulting with an experienced criminal defense attorney about your right to claim self-defense. Contact our office at 240-396-4373 to schedule a consultation today.

 
[1] 1 Criminal Jury Instructions for DC Instruction 9.501(B).

[2] Nixon v. United States, 730 A.2d 145, 149 (D.C. 1999).

[3] Gillis v. U.S., 400 A.2d 311, 313 (D.C. 1979).

About the Author

Morgan E. Leigh has 12 years of experience defending assault-related crimes and prosecuting protective orders against domestic violence aggressors. She has also represented a number of police officers in shooting investigations and excessive force cases. Her experience on both sides of the isle gives her a well-rounded perspective when assessing self-defense claims.

Setting Aside Criminal Convictions in the District of Columbia

Compared to many jurisdictions, the District of Columbia has very strict expungement and sealing laws, but did you know that if you were under the age of 25 (24 and under) at the time the offense was committed, you can ask the court to set aside your criminal conviction(s)? This article will discuss the eligibility and process for wiping away a criminal conviction in the District of Columbia – it does not matter whether the conviction was a felony or a misdemeanor.

Science has shown that the human brain does not completely develop until a person is in their mid 20s – specifically the prefrontal cortex, which is responsible for executive functioning, impulse control, and regulation of emotions. Courts are slowly catching up to science, and DC’s Youth Rehabilitation Act (YRA) recognizes that a human being if often a very different person at age 35 than they were at age 21.

The YRA gives a person who committed a criminal offense at a young age the opportunity to move beyond that criminal conviction and put it completely in the past. It’s no secret that criminal convictions can wreak havoc on a person’s life for decades after the offense. It can prevent someone from exercising their Second Amendment rights, getting a job, and even renting an apartment. It can also cause shame and embarrassment even though a person may have successfully completed probation, paid their dues to society, and gone on to be a valuable and productive member of their community.  

Who is eligible for setting aside a conviction under the YRA?

First, the person must have been a “youth offender” at the time that the offense was committed. It does not matter what date the conviction became final – the focus is on the date that the crime was committed. A “youth offender” is defined as someone 24 years of age or younger at the time that the person committed a crime. Certain criminal convictions are not eligible for a YRA set aside – these include murder, first- and second-degree murder that constitutes an act of terrorism, first- and second-degree sexual abuse, and first degree child abuse. So, if you were 24 years or younger and NOT convicted of one of the forementioned crimes, you are eligible to request a YRA sentence and subsequent set aside of the conviction.

What are the YRA sentencing options?

Before I get into what the court is going to focus on to determine whether a YRA conviction set aside is appropriate, I want to briefly touch on the sentencing options available to youth offenders that are currently involved in the system. A court may suspend a sentence as opposed to placing a youth offender in jail if the court determines that a youth offender would be better served by probation instead of confinement and shall require the completion of 90 hours of community service unless the court determines that community service would be unreasonable. The court may also issue a sentence less than any mandatory minimum term that may otherwise be applicable. 

What are the options for setting aside a prior conviction under the YRA?

Even if the YRA was not an available option at the time of the criminal conviction, a person may later petition the court for a YRA disposition and conviction set aside. In exercising its discretion, the court will consider:

(A) The youth offender's age at the time of the offense;

(B) The nature of the offense, including the extent of the youth offender's role in the offense and whether and to what extent an adult was involved in the offense;

(C) Whether the youth offender was previously sentenced under this subchapter;

(D) The youth offender's compliance with the rules of the facility to which the youth offender has been committed, and with supervision and pretrial release, if applicable;

(E) The youth offender's current participation in rehabilitative District programs;

(F) The youth offender's previous contacts with the juvenile and criminal justice systems;

(G) The youth offender's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;

(H) The youth offender's ability to appreciate the risks and consequences of the youth offender's conduct;

(I) Any reports of physical, mental, or psychiatric examinations of the youth offender conducted by licensed health care professionals;

(J) The youth offender's use of controlled substances that are unlawful under District law;

(K) The youth offender's capacity for rehabilitation;

(L) Any oral or written statement provided pursuant to § 23-1904 or 18 U.S.C. § 3771 by a victim of the offense, or by a family member of the victim if the victim is deceased; and

(M) Any other information the court deems relevant to its decision

With respect to this last catchall factor, subsequent criminal contact with the criminal justice system is one of the biggest factors that a court will consider. The more recent the subsequent conviction, the more effect it will have on the court’s decision. In addition, the court will look at the age of the youth offender at the time of any subsequent convictions.

What does a YRA set aside actually mean?

A YRA set aside means that the conviction is vacated and removed from a criminal record entirely and the youth offender is placed in the same position they were in prior to the conviction.

How can an attorney help me get my conviction set aside?

An attorney can assist by gathering relevant facts and evidence to show the court that a conviction should be set aside. The attorney can write a persuasive memorandum of law and attach exhibits and respond to any opposition from the government. An attorney can also prepare their client for a hearing to give them the best possible chance of success.   Contact Markham Law Firm at 240-396-4373 to set up a consultation today. 

Learn More:

What You Need to Know about Anti-Stalking Protective Orders in DC

What is an anti-stalking order?

An anti-stalking order is a two-year court order that directs a person to refrain from committing or threatening to commit criminal offenses against the Petitioner. The order also directs the Respondent to stay away from or have no contact with the Petitioner and any other individuals or locations specified in the order. The “Petitioner” is the person who files a request for a protective order, and the “Respondent” is the person who is served with the protective order. The court may order additional conditions as it believes necessary to protect the Petitioner, such as relinquishing possession of jointly owned property. A Respondent who has a protective order is required to relinquish any firearms and may not own any firearms during the duration of the order.

Who is eligible to obtain an anti-stalking order?

A Petitioner who can show by a preponderance of the evidence, or more likely than not, that the Respondent committed an act of stalking within 90 days of the filing of the petition is eligible for an anti-stalking order. Unlike a protective order, there does not need to be a specific relationship between the parties – it is the act of stalking that makes the Petitioner a person eligible for an anti-stalking order.

What is the definition of “stalking”?

Stalking is engaging in a course of conduct directed at a specific person with the intent to cause that person to 1) fear for their safety or the safety of another person; 2) feel seriously alarmed, disturbed, or frightened; or 3) suffer emotional distress. Where a single act is of a continuing nature, each 24-hour period constitutes a separate occasion, regardless of whether the conduct is the same on each occasion.

What conditions could a court order if an anti-stalking order is issued against the Respondent?

In addition to ordering the Respondent to stay away from or have no contact with the Petitioner, the court can order the Respondent to pay costs and attorneys’ fees, surrender firearms, and stay away from animals belonging to the Petitioner. The court can order the Respondent to vacate a shared home and relinquish shared property. Courts have wide discretion in fashioning orders to protect a Petitioner, so there could be additional requirements that a court deems appropriate.

 How do I obtain an anti-stalking order?

The first step in getting an anti-stalking order is to file a Petition with the court. This can be done online through the court’s website or in person. If the Petitioner is requesting a temporary anti-stalking order, then they will appear before a judge the same day or the next business day to state under oath why they are requesting protection from the petitioner. If temporary order is not granted or the Petitioner is not requesting a temporary order, then a final protective order hearing will be held within 14 days.

What should I do if I am served with an anti-stalking order?

First, do not contact the Petitioner under any circumstances, or you could face criminal charges. Second, you should gather all evidence that tends to support your case, including texts, emails, videos, social media posts, and any other documents. While an anti-stalking order is a civil proceeding, there are often related criminal cases. If you are also charged criminally, it is very important that you consult with an experienced criminal defense attorney who also has experience with anti-stalking orders. You can decide to consent to the order if you do not want to have a contested hearing and risk a judicial finding being made against you that you committed an act of stalking.

What happens at the final hearing?

First, the parties will likely speak with a court mediator prior to appearing before the judge. If the case cannot be resolved with the mediator, then the Respondent can choose to consent to the order without a finding, or the Respondent can request a hearing. If there is a hearing, the Petitioner has the burden of showing by a preponderance of the evidence that the Respondent committed an act of stalking within 90 days prior to filing the petition. Both parties should be prepared to call any witnesses or introduce any evidence that supports their case.

Do I have to have a lawyer?

While a lawyer is not required since this is a civil proceeding, hiring a lawyer can be very helpful in understanding the process and consequences. A lawyer can negotiate with the opposing party and use their knowledge of the rules of evidence at the contested hearing. A lawyer can reduce stress by guiding their client through the entire process from filing a protective order to serving a protective order to defending against a protective order.  Anti-stalking orders can have serious consequences for a Respondent, especially if the Respondent shares a home or children with the Petitioner. In addition, anti-stalking orders can be a problem if the Respondent has a security clearance for their job.

Contact our office at 240-396-4373 to schedule a consultation today.

Motions to Seal and Expungement of Criminal Records in the District of Columbia

The District of Columbia recently passed the Second Chance Amendment Act of 2022 to fix the District’s complex, confusing, and draconian laws dealing with the sealing and expungement of criminal records. The effective date of the new law [D.C. Law 24-284] has been delayed to January 1, 2026, but it will have a drastic impact on sealing and expungement of criminal records in the District.

What is a motion to seal versus an expungement?

While both sealing and expungement involve limiting public access to criminal records, they have a different effect. Sealing a criminal record means that the record is not completely erased, but it is hidden from public view and access. When a criminal record is sealed, it is typically inaccessible to the general public, including potential employers, landlords, and the general public. However, certain government agencies and law enforcement may still be able to access sealed records in specific situations.

Expungement goes a step further than sealing a criminal record. When a record is expunged, the record itself is erased or destroyed, and the effect is usually as if the criminal offense never occurred. Expungements typically result in complete removal of the criminal record from public databases and it is usually more restrictive than sealing. There may be differences in the effect of an expungement, depending upon whether the record expunged was a conviction versus a non-conviction or arrest.

The District’s current law does not expunge criminal records – they are “sealed.” The new law permits expungement of some records and expands what records are eligible for sealing.

What cases are eligible to be sealed or expunged?

Current Law

             Under the current law, there are two grounds for sealing a criminal record:

1. Actual innocence; and

2. In the interests of Justice

 Actual innocence:

A person may file a motion to seal criminal records under the current law on the basis of actual innocence if he or she can show that the offense that they were arrested for did not occur, or that they are not the person who committed the offense. This form of record sealing provides more protection than the interests of justice – if granted, the person moving for record sealing (the “movant”) is restored to the status they held prior to their arrest. It is best to file this type of request within 4 years of the arrest, because after 4 years, the burden on the movant changes from preponderance of the evidence to clear and convincing evidence.

In the Interests of Justice:

If a person is not eligible to seal their criminal record under the actual innocence standard, they may be eligible to seal their record in the interests of justice. There is a minimum of a two-year waiting period before a person may file a motion to seal criminal records in the interests of justice. A lawyer may be able to assist with an earlier filing of such a motion if the government agrees. Individuals who wish to seal their record, but have records that contain disqualifying misdemeanor arrests, disqualifying misdemeanor convictions, or felony convictions, must wait longer to file a motion to seal. A record sealed in the interests of justice must be disclosed in certain circumstances, such as jury service or an application for employment/licensure with certain entities and government organizations.

 New Law

 Automatic expungement of criminal records:

The new law requires the automatic expungement of criminal records for citations, arrests, charges, or convictions, for criminal offenses that are subsequently decriminalized, legalized, or held unconstitutional in most circumstances. The expungement must occur within 90 days after termination of the case, or by January 1, 2026, whichever is later.

 Expungement of criminal records by motion:

With respect to motions to expunge records based on actual innocence, the new law is similar in many ways to the current law but differs in several important aspects. First, there is no longer a different burden if the motion is filed after 4 years: the movant must show by a preponderance of the evidence that the offense did not occur or was not committed by the movant, regardless of when the motion for expungement is filed. Second, it requires an order dismissing, granting or denying the motion to be issued no later than 180 days after the motion is filed, unless there is good cause for delay. If a motion is denied, then the person may move for relief again after a one-year waiting period. The effect of an expungement is to restore the movant to the position they held prior to their arrest.

 Automatic sealing of criminal records:

The new law requires automatic sealing of criminal records for certain citations, arrests, or charges where the prosecution was terminated or that did not result in a conviction. These records must be sealed within 90 days of the termination of the case. Automatic sealing will also be ordered for citations, arrests, charges, and convictions for misdemeanors if at least 10 years has elapsed since completion of the sentence. There are limitations on the types of crimes that are eligible for automatic sealing – certain crimes are not eligible for automatic sealing.

Sealing criminal records by motion:

As with the current law, a motion may be filed to seal criminal records prior to the 10-year waiting period for automatic sealing in many circumstances and in circumstances where automatic sealing is not an option. The waiting period is still 5 years from the completion of the movant’s sentence for most misdemeanors, but the waiting period has been reduced from 10 years to 8 years for certain felonies. There is no automatic expungement of felonies under the either the new law or current law.

Do I need a lawyer to seal or expunge my criminal record?

While having a lawyer is not required, having an experienced lawyer can increase the likelihood that relief is granted, because the lawyer can ensure that the appropriate evidence is presented and the proper legal standard are followed.  Contact us at 240-396-4373 to schedule a consultation.