Facing a criminal charge in District of Columbia

Bond and pretrial release in District of Columbia

The District of Columbia operates a substantially non-monetary pretrial release system under D.C. Code Sec. 23-1321 through 23-1333. D.C. Code Sec. 23-1321(a) directs the judicial officer to release the person on personal recognizance or unsecured appearance bond unless that will not reasonably assure appearance, in which case additional non-monetary conditions are imposed. D.C. Code Sec. 23-1321(c)(3) substantially prohibits financial conditions imposed solely to detain a defendant who cannot pay. D.C. Code Sec. 23-1322 authorizes pretrial detention without bond for certain dangerous offenses and certain firearm offenses, subject to clear and convincing evidence and a detention hearing. The District is widely cited as a model jurisdiction having achieved near-complete elimination of cash bail.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving District of Columbia

Our directory is still building in District of Columbia. Public-defender intake is available now.

Record clearing in District of Columbia

District of Columbia record sealing is governed by D.C. Code 16-801 through 16-806, as amended by the Second Chance Amendment Act of 2022. The Act expanded both automatic sealing for certain non-conviction and decriminalized records and petition-based sealing for misdemeanor and certain felony convictions. The statute provides automatic sealing of arrests not resulting in conviction and decriminalized marijuana offenses, with petition-based sealing available after waiting periods of five years for misdemeanors and eight years for eligible felonies. Dangerous crimes, crimes of violence as defined in D.C. Code 23-1331, and sex offenses are excluded. The petition is filed in the Superior Court of the District of Columbia.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in District of Columbia

Public Defender Service for the District of Columbia serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.