D.C. courtrooms have seen an influx of low-level offense and gun possession cases since the start of the federal law enforcement surge, several judges said during a community town hall on Thursday night.
The event, which featured a panel made up of judges and attorneys, also offered residents insight into what their rights are during interactions with federal law enforcement.
Milton Lee, chief judge of the D.C. Superior Court, said judicial vacancies are complicating matters. By January, there will be 15 vacancies on the Superior Court, Lee said.
Lee described a significant increase in 鈥渓ower-level misdemeanor cases” 鈥� things such as fare evasion, unlawful possession or use of marijuana in public, possession of an open container of alcohol and gambling.
While the surge didn鈥檛 result in a significant change in the serious crime cases appearing in court, 鈥渨e saw an influx of gun possession cases coming in. It was just the raw numbers that were significantly higher than before,鈥� Lee said.
The boost in cases has meant arraignment court is running later than usual, and there鈥檚 a 鈥渟ignificant increase鈥� in new cases on misdemeanor and general felony calendars, Lee said, adding that the spike has also increased the caseload for defense attorneys.
Separately, the panelists offered tips for how to engage with federal law enforcement, after a Homeland Security officer fired into a car during a traffic stop earlier this month.
The incident, which happened on Benning Road in the District’s Northeast, came as officers said they tried to pull a car over for not displaying a front license plate. But the car fled, and once it was stopped, a Homeland Security officer fired multiple rounds into the car.
Phillip Brown was the driver but none of the bullets struck him. D.C. Police Chief Pamela Smith denied allegations that officers tried to cover the incident up in their reports.
Knowing your rights
鈥淧eople are afraid to let their children walk to school alone,鈥� advocate Russell Ellis, who also goes by the name said. 鈥淧eople are afraid to just be out and about like they normally do.鈥�
If the public is witnessing a situation involving federal law enforcement escalating, Ellis recommended filming what鈥檚 happening.
鈥淚 make it a habit of, I film them, and I show what they鈥檙e doing, and I have found that to be very effective,鈥� Ellis said. 鈥淭hey don鈥檛 want to be exposed for what they鈥檙e really doing, which is next to nothing.鈥�
ACLU Attorney Michael Perloff said people don鈥檛 have to answer questions if they get stopped.
鈥淵ou have a constitutional right to remain silent and refuse to answer questions,鈥� Perloff said.
There鈥檚 an exception in D.C. law for pedestrian or traffic offenses, in which providing a name and address is required if asked, Perloff said, but otherwise, 鈥渢he Constitution is very clear about your ability to refuse to answer.鈥�
Noncitizens do have to carry paperwork and share it if an immigration official asks, Perloff said.
Federal Public Defender Alexis Gardner, meanwhile, said if stopped, the only question to ask is, 鈥淎m I free to go? Never answer, just return that question. And if they say yes, then calmly walk away. If they say no, well, then now you鈥檙e being detained.鈥�
If arrested, Gardner said the only question that has to be answered is for a name.
鈥淚f you want to get the full benefit of these rights, you actually have to say, 鈥業鈥檓 invoking my right to remain silent. I want to speak with a lawyer,鈥欌�� Perloff said. 鈥淵ou need to use pretty much that exact language. There鈥檚 some really unfortunate court decisions where people have said things that are a little bit different.鈥�
And if mistreated by a federal officer or agent, Perloff said the ability to seek compensation is limited. However, he said, the officer’s agency name is enough to file a claim.
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