What You Need to Know About Criminal Law In DC

Criminal Law is the branch of law that defines the terms of dealing with conduct that threatens public safety or order. It spells out the rights of persons suspected of a crime, the obligations of the government, and the procedures courts must follow to ensure a fair process.

“In Washington, D.C., it becomes a little more complicated because it involves federal laws as well as laws within the city. This overlap can be confusing, and it is why a lawyer is a must-have,” explains criminal defense attorney David Benowitz at Capital Criminal & DUI Defense Group.

Here is the simple breakdown of the basics, without all the complicated legal jargon.

Knowing Your Rights

When you are accused of a crime in DC, certain rights become applicable immediately. You have the right to remain silent, and you do not have to say anything that puts you in trouble.

You are guaranteed the right to an attorney; someone to be there with you and help you decide what to do when being interrogated or when the case goes to trial. You are also guaranteed the right to a fair and public hearing.

These rights flow from the Fifth and Sixth Amendments to the United States Constitution. Knowing when to speak, when to remain silent, and when to have an attorney appear with you can determine what will happen next in your case.

Stops, Detentions, and Arrests in DC

There are three ways you can interact with the cops in the District of Columbia, and each has different regulations. The first is a stop. The cops may temporarily pull you aside, perhaps at a road or a traffic stop, and ask you a couple of questions. You can always ask them if you are free to go.

Detention is slightly more serious. The authorities must have a real reason, a reason to suspect a crime, to lock you up. They cannot ask you questions, except to ask your name or to see your identification.

Then comes the arrest, which is the serious one. At this point, the cops believe they have probable cause. Now, your rights to remain silent and to have an attorney present come into play. What you say can be used in court, so you have to keep your cool and ask for your attorney.

From Arrest to Trial

After an arrest, the police take your information, your fingerprints, and the charges against you. Within two days, you appear before a judge for your initial hearing. This hearing is where you will learn the charges against you for the first time and where you may receive bail or an attorney if you do not have one.

Then comes the point when things branch out based on the charge. You have the option to go through a preliminary hearing or to have your case presented before a grand jury. This phase helps determine whether the case stands on strong grounds. If the case is not dismissed, it proceeds to arraignment, at which you enter your plea.

But once you enter the plea, the real courtroom struggle begins. There may be pre-trial motions, discovery, and a whole lot of negotiating. Sometimes a deal is made between the parties, but if not, a trial ensues. There, a judge and jury hear arguments from both sides and render a verdict as to whether you are guilty or not. 

Defenses and How to Choose a Lawyer

Criminal defenses vary according to the circumstances. You can choose to challenge the evidence or show justification for your actions, such as in self-defense or to show that it was not intentional.

In DC, you could qualify for a public defender. However, the high number of cases they handle means they cannot devote much time to your case.

By contrast, a private defender may give a client more individual attention and flexibility, and that is what you need to go for. Look for experience, communication skills, and whether you can get along. When your future depends on the outcome of your case, you want to get the best lawyer you can have.