If a law enforcement officer asks for identification, in most circumstances, you should probably provide them your drivers license.
Do you have to show identification to police in Idaho?Read More
The cops keep pulling me over for no reason! Can they do that?
Even though a police office must have a lawful reason to stop you, “lawful reason” has been interpreted very broadly, allowing law enforcement officers to stop for pretty much any reason they want.
The cops keep pulling me over for no reason! Can they do that?Read More
Victim Dropped Charges. Why Am I Still Being Charged?
Many people think that an alleged victim of a crime can “drop the charges.” However, the prosecutor is the party that files and dismisses charges.
Victim Dropped Charges. Why Am I Still Being Charged?Read More
What to do if you are accused of a sex offense.
Merely the accusation of a sex offense can carry quite the stigma. Frankly, few things are scarier thank being accused. Law enforcement play on this fear in their strategies to try and catch anyone they suspect of guilt.
Preliminary Hearing: What is it?
After you have been charged with a felony, your first two court appearances are, first, an arraignment and, second, a preliminary hearing.
Arraignment: What is it?
After you have been charged with a crime, your first initial appearance in court is called an arraignment. Several pressing matters are conducted during this initial appearance.
How can the State charge me if there is no proof?
How can the police charge you of a crime when the person who accused you has no evidence of any wrongdoing.
10 Steps of a Felony Criminal Case
Not knowing what to expect is potentially one of the scariest things about the court process. After being charged with a crime, there are several steps I hope to guild you through to hopefully alleviate some of those fears so you can make the best decisions for your case.
Can the police lie to you to get you to confess?
When interrogating, the police department may lie to you so you can’t trust any evidence they present. Don’t talk to the police without the consent of an attorney.
Unprocessed rape kits are not a problem in Idaho, despite what the media says.
A recent news article brought to light all the rape kits that were un tested in Idaho, and were outraged at the lack of support this seemed to show sexual assault victims.
Unprocessed rape kits are not a problem in Idaho, despite what the media says.Read More
Ferguson, Grand Jury, and Indicting a Ham Sandwich
What I find most interesting in the Ferguson case.
Famous last words: I am innocent, I do not need an attorney.
Misunderstanding of how the system works and naive beliefs that the government is benevolent lead people to trust at their own peril.
Famous last words: I am innocent, I do not need an attorney.Read More
Arrested and Not Read My Rights!
Thanks to Hollywood, we know that Law enforcement must clearly inform a person in custody their rights before interrogation or arrest. The movies makes us believe that we know what this looks like when in fact we are not fully aware of what is required or why.
What is the difference between a criminal charge and a traffic ticket?
A common mistake I hear is the difference between a criminal charge and an infraction. What are the implications and consequences of either. Read more to find out.
What is the difference between a criminal charge and a traffic ticket?Read More
When can the police come into my home?
Unlike the rights we have lost regarding unreasonable searches in our automobiles, the status of our rights regarding searches in our homes have not been so decimated.
Should I Hire An Attorney For My Criminal Case? [Video]
Watch my Vlog about the need to hire an attorney.
Should I Hire An Attorney For My Criminal Case? [Video]Read More
I Have an Idaho Arrest Warrant, but Live Out of State, What Can I Do?
What happens when an arrest warrant is issued from a different state in which you currently reside. How is this even possible and what can be done about it.
I Have an Idaho Arrest Warrant, but Live Out of State, What Can I Do?Read More
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
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.
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.
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
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.
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.
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.
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.
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
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
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
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
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.
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
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?
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
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
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 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 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 the Idaho police (fill in the blank)?
The first installment of my “when can the police … fill in the blank” series.