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Idaho Law Blog

Home » Idaho Law Blog

Should I refuse to blow into a DUI breathalyzer?

The most common way that a police officer has to prove a defendant is under the influence of .08 alcohol is to do a breathalyzer test. Is it a wise idea to refuse to blow?

Should I refuse to blow into a DUI breathalyzer?Read More

Filed Under: DUI

My criminal case in Idaho was dismissed, but can the State still charge me?

how likely or under what circumstances can a case that has been dismissed be refiled again by the prosecution.

My criminal case in Idaho was dismissed, but can the State still charge me?Read More

Filed Under: Criminal Law

Idaho Court of Appeals Overturns Gun Conviction

The Idaho Court of Appeals overturned a gun conviction in a case handled by Atkinson Law Office.  Atkinson Law Office had filed a motion to dismiss in the case, and the trial court sided with the prosecution and denied the motion.  The issue went up on appeal.

Idaho Court of Appeals Overturns Gun ConvictionRead More

Filed Under: Opinion

What is ‘discovery’ in a criminal case?

Discovery is a frequently used word in law, but leaves non attorneys wondering what they are talking about. Discovery is gathered in the pretrial phase.

What is ‘discovery’ in a criminal case?Read More

Filed Under: Criminal Law

Misdemeanor Probation Violation: Seven Steps

A probation violation is first requestioned by your probation officer to the prosecutor who then files a motion with the judge who will likely issues a warrant for your arrest.

Misdemeanor Probation Violation: Seven StepsRead More

Filed Under: Criminal Law

How Long After an Alleged Offense Can The State File Criminal Charges?

The state has no choice but to withdrawal from a case if it fails to charge the crime within the statute of limitations.

How Long After an Alleged Offense Can The State File Criminal Charges?Read More

Filed Under: Criminal Law

What Does It Mean to Take a Plea Deal in Court?

A plea agreement can most often be arranged with the prosecutor for a “lessor” charge and consequences rather than either side taking the chance of a loss at trial.

What Does It Mean to Take a Plea Deal in Court?Read More

Filed Under: Criminal Law

Who Can Dismiss A Criminal Case?

The strategy to go about trying to get a case dismissed will depend heavily on the type and circumstances of the case. The process can be done in three different ways.

Who Can Dismiss A Criminal Case?Read More

Filed Under: Criminal Law

Never speak to the police!

Watch this video regarding how I feel about speaking to the police when you have been accused of a crime and how speaking to the police can effect the case.

Never speak to the police!Read More

Filed Under: Criminal Law

Should I Plead Guilty or Not Guilty?

During your initial arraignment, the court will ask you to enter your plea of guilt for the record. A common misconception is that this will weigh heavily on your sentencing as a factor of taking responsibility.

Should I Plead Guilty or Not Guilty?Read More

Filed Under: Criminal Law

What Is A Rider? Idaho Criminal Sentencing Question

Traditionally there have been only two options when sentencing a defendant convicted of a felony charge. Prison or probation. A third option has been developed and that is placing them on a Rider.

What Is A Rider? Idaho Criminal Sentencing QuestionRead More

Filed Under: Criminal Law

Can I Plead No Contest in Idaho? What Is An Alford Plea?

Wether you are innocent or guilty, the consequences of a guilty conviction can be a gamble a defendant is not willing to risk. In a no contest plea, the defendant agrees to serve a sentence without contesting the states charges. Although Idaho doesn’t allow no contest pleas, they do allow a plea called Alford peas.

Can I Plead No Contest in Idaho? What Is An Alford Plea?Read More

Filed Under: Criminal Law

What You Need to Know About Bailing Out of Jail in Idaho

When a warrant has been issued by a judge for your arrest, he will either place a bond on the warrant or he will hold you without bail until your court appearance.

What You Need to Know About Bailing Out of Jail in IdahoRead More

Filed Under: Criminal Law

What is a Rule 35 Motion? Will it cut a sentence in half?

Idaho Criminal Rule 35 is a statue that many defendants, and family and friends of defendants, have been misinformed about. It is a motion that requests the reducing of sentences handed down by the judge.

What is a Rule 35 Motion? Will it cut a sentence in half?Read More

Filed Under: Criminal Law

What is a Rule 11 Plea Agreement?

Plea agreements and guilty agreements have rules and procedures in criminal cases. In Idaho, this is referred to as Rule 11.

What is a Rule 11 Plea Agreement?Read More

Filed Under: Criminal Law

Idaho’s Rape Law: Young Rapists Go Free?

The rape statute to decriminalize sex between a young adult and a consenting minor, who are within 3 years of age, was changed in 2010. Prosecutors are still fighting to change this law back.

Idaho’s Rape Law: Young Rapists Go Free?Read More

Filed Under: Opinion

Florida’s ‘Stand Your Ground’ law. Does it allow killers to walk free?

The George Zimmerman case, out in Florida, has caught my attention. Not for the controversy surrounding the alleged racial profiling, but more so regarding the stand your ground elements.

Florida’s ‘Stand Your Ground’ law. Does it allow killers to walk free?Read More

Filed Under: Opinion

I’m guilty, why should I hire a criminal defense attorney?

Wether you are guilty or not, there are many things to consider when you have been accused of a crime. Having an advocate on your side to help advise you moving forward is crucial.

I’m guilty, why should I hire a criminal defense attorney?Read More

Filed Under: Criminal Law

Should I take my criminal case to a jury trial?

When making the decision to take your case to trial, there are many things to consider. It has been a long and scary process to get to this point and your reputation, freedom, and character have already been in question. Is it worth the risks?

Should I take my criminal case to a jury trial?Read More

Filed Under: Criminal Law

Defending the Constitution in Idaho through Criminal Defense

My thoughts on defending the constitution as a Criminal defense attorney in Idaho.

Defending the Constitution in Idaho through Criminal DefenseRead More

Filed Under: Opinion

Do juries get it wrong?

I am surprised at the level of passion people get about infamous criminal trials, how wrong they feel the jury verdict was when they know so very little about the case. No matter how much we read about a case in the news, we know very little of the actual evidence that was brought before the jury.

Do juries get it wrong?Read More

Filed Under: Opinion

Mother of missing Kansas City baby failed polygraph. Did she lie?

A mother of a missing child was giving a polygraph test to rule out any involvement in the case. Turns out she failed the test. What does that mean?

Mother of missing Kansas City baby failed polygraph. Did she lie?Read More

Filed Under: Opinion

Top five rules to abide by if you have been accused of a crime.

Here are my top five rules that could potentially save you a lot of further pain and suffering if followed properly.

Top five rules to abide by if you have been accused of a crime.Read More

Filed Under: Domestic Violence

I’m being investigated for criminal charges, should I speak to the police?

Hopefully asking for an attorney is your first though when approached by a detective in a criminal case, so that one can advise you whether or not to speak to the police.

I’m being investigated for criminal charges, should I speak to the police?Read More

Filed Under: Criminal Law

What is a withheld judgment? If I am offered one, should I plead?

The consequences of having a conviction of a crime on your record can make it difficult to get a job or even apply for school. A withheld judgment may seem like a great solution to keep your record clean, but does it really?

What is a withheld judgment? If I am offered one, should I plead?Read More

Filed Under: Criminal Law

When can a police officer search (i.e. frisk) me?

As part of my “when can a police officer ___” series, today I tackle the issue of frisking. When is it appropriate for a law enforcement officer to search your body for weapons or contraband?

When can a police officer search (i.e. frisk) me?Read More

Filed Under: Criminal Law

When can a police officer stop me in my car?

When a police office wants to stop your vehicle they need to have probable cause that a crime has been committed.

When can a police officer stop me in my car?Read More

Filed Under: Criminal Law

A Criminal Defense Attorney’s Observations of Unfair Tactics Used in Domestic Violence Prosecution.

As an experience Attorney in the criminal field I have observed patterns and tactics that are very prominent in the prosecution’s strategies towards thwarting domestic violence. Here are my observations, and how I feel they are unfair.

A Criminal Defense Attorney’s Observations of Unfair Tactics Used in Domestic Violence Prosecution.Read More

Filed Under: Domestic Violence

When can a police officer search my car?

For those of you who read my “When can an Idaho police officer (fill in the blank)” blog post, you will recall that I made a list of questions about what it is exactly that the police can do.  One of those questions was “When can a police officer search my car?” For those of …

When can a police officer search my car?Read More

Filed Under: Criminal Law

Criminal defendants with less money are more guilty?

It’s a fact that the majority of people in prison are of lower economic standing. Why is this the case?

Criminal defendants with less money are more guilty?Read More

Filed Under: Opinion

The Salem Witch Trials and Criminal Defense. Is our judicial system fair?

Although the Salem witch trials boggles our minds today, it appears the same hysteria surrounding our judicial system still exists and is just as dangerous.

The Salem Witch Trials and Criminal Defense. Is our judicial system fair?Read More

Filed Under: Opinion

When can the Idaho police (fill in the blank)?

The first installment of my “when can the police … fill in the blank” series.

When can the Idaho police (fill in the blank)?Read More

Filed Under: Criminal Law

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