Senior Citizen Arrests and Hiring a DC Criminal Defense Lawyer

Senior Citizen Arrests and Hiring a DC Criminal Defense Lawyer

Getting arrested can be scary and confusing for anyone, but it can be especially traumatic for senior citizens. As we age, we become more vulnerable to exploitation and abuse. An arrest can turn an older person’s world upside down. If you’re a senior who has been arrested in DC, or you have an elderly loved one facing charges, you need an experienced criminal defense lawyer on your side.

Senior Citizens Are at Higher Risk of Abuse and Exploitation

Elder abuse is shockingly common. According to the National Council on Aging, 1 in 10 Americans over age 60 have experienced some form of elder abuse. Financial exploitation costs older adults an estimated $36.5 billion per year. And the risk only increases for seniors with health issues like dementia.

Abusers often target seniors because they view them as easy to manipulate and less likely to report crimes. Perpetrators may be family members, caregivers, scammers, or others hoping to take advantage of vulnerable older adults.

Sometimes, abuse escalates to the point where police get involved. Seniors may find themselves arrested for things like:

• Domestic violence or disturbance calls when defending themselves from an abuser
• Theft, fraud, or financial crimes when manipulated by a scammer
• Drug crimes when pressured by a caregiver or family member
• Quality of life crimes like trespassing when suffering from Alzheimer’s or dementia

The complexity of elder abuse means police don’t always recognize when a senior is being victimized. An improper arrest can retraumatize victims. And even if charges get dismissed later on, the damage is already done.

DC Laws Offer Enhanced Penalties for Crimes Against Seniors

The District of Columbia has several laws that impose stricter penalties for crimes against seniors. For example:

• DC Code § 22–3601 allows up to 1.5 times the normal fine or jail sentence if the victim is 65+.
• Financial exploitation of a senior is a felony under DC Code § 22-3201.
• Neglect of a vulnerable adult is a felony under DC Code § 22-936.

Prosecutors often pursue these “penalty enhancements” to seem tough on elder abuse. But without context, arrests can wrongly treat seniors like perpetrators rather than victims.

A skilled criminal defense lawyer can argue against unfair enhanced charges. They may also be able to raise affirmative defenses like:

• You reasonably believed the “victim” was under age 65.
• You couldn’t have known the “victim’s” age due to dementia, etc.

But you need an attorney who understands the complexities surrounding elder exploitation. Don’t let prosecutors take advantage of vulnerable seniors.

Hiring the Right DC Criminal Defense Attorney

Facing criminal charges is daunting no matter your age. But seniors have unique needs and challenges in the legal system. An experienced DC defense lawyer can provide vital support through the process.

Look for an attorney who:

• Has extensive experience defending senior citizens
• Understands age-related issues like dementia and elder abuse
• Will thoroughly investigate the context around your charges
• Has a track record of achieving successful case results
• Makes you feel supported, respected, and well-represented

Don’t just hire any lawyer and hope for the best. Vet them thoroughly, discuss your case details, and make sure they’re the right fit. This is your future at stake.

Defense strategies that may help senior citizens fight charges include:

• Suppression motions – Argue evidence was obtained illegally and should be thrown out. Seniors are often pressured into making statements.
• Competency evaluations – Determine if dementia, medications or other issues make you unfit to stand trial.
• Investigations – Thoroughly probe the context around your arrest to show mitigating factors.
• Expert witnesses – Gerontologists, abuse experts, etc. can explain how seniors are exploited.
• Negotiation – Work towards plea bargains or pretrial diversion to avoid harsh penalties.
• Trial – When needed, vigorously contest guilt before a judge or jury.

The prosecution bears the full burden of proving charges beyond a reasonable doubt. An experienced lawyer knows how to put up an aggressive defense on your behalf.

What to Do If You or a Loved One Is Arrested

If you’re a senior citizen arrested in Washington, DC, remain calm and call a defense lawyer immediately. Don’t say anything to police until your attorney arrives. Be polite but firm invoking your right to counsel.

If a loved one is arrested, get them a lawyer ASAP. Help gather relevant medical records, financial documents, and other evidence. Make sure police don’t take advantage of them during questioning.

Don’t delay in seeking help. The early days after an arrest are crucial. An experienced attorney can start working right away to protect your rights.

Some key steps in the aftermath of a senior citizen arrest include:

• Getting released on bail or into a pretrial supervision program
• Gathering evidence to start building a defense
• Identifying any improper police conduct
• Seeking dismissal of unfair enhanced penalties
• Negotiating with the prosecution for a favorable resolution

With an aggressive defense lawyer on your side, you or your loved one can move forward with confidence and optimism.

Frequently Asked Questions

Should I accept a plea deal to avoid harsh penalties?

Each case is unique, so there’s no one-size-fits-all answer. An experienced lawyer can advise if a plea is your best option. Agreeing to unfair pleas out of fear often backfires long-term.

What if police violated my rights during arrest?

Bring it up immediately with your lawyer. Violating senior citizens’ rights during arrest, questioning, etc. could lead to evidence suppression or dismissal.

Can I get charges dropped if I have dementia?

Possibly. Dementia can sometimes render you legally incompetent to stand trial. But evaluations are complex, so rely on your lawyer’s counsel.

Should I share information with police or prosecutors?

Never talk to police or prosecutors without your lawyer present. Be cooperative but reveal nothing substantive until your lawyer approves.

How quickly should I contact a defense attorney?

Immediately. The hours after arrest are crucial, so don’t delay seeking legal help and representation.