David Benowitz on Fines and Sentencing


As a Washington DC criminal defense attorney, I often encounter issues involving fines imposed as part of a sentence. This is a particularly interesting situation I recently encountered.

The Honorable Brian Holeman, an Associate Judge at D.C. Superior Court, recently reversed his position on the return of a $5,000 fine in a criminal contempt case. Since the contempt conviction was vacated both prosecutors and DC criminal defense attorneys for the defendant asserted that Judge Holeman had the authority to order the return of the fine since it was attached to a conviction that no longer existed.

Judge Holeman initially responded to a demand from the D.C. Court of Appeals to justify his position that the fine should not be returned by stating that the fine was beyond his control since it had already been paid by the defendant. However, with the potential for a reversal from the Court of Appeals potentially on the horizon, Judge Holeman suddenly reversed himself last week and ordered the fine returned "in the interests of justice."

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Price Benowitz LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.