how likely or under what circumstances can a case that has been dismissed be refiled again by the prosecution.
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.
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.
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.
The state has no choice but to withdrawal from a case if it fails to charge the crime within the statute of limitations.
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.
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.
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.
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.
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.
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.
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.
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.
Plea agreements and guilty agreements have rules and procedures in criminal cases. In Idaho, this is referred to as Rule 11.
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.
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.
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.
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?
My thoughts on defending the constitution as a Criminal defense attorney in Idaho.
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.
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?
Here are my top five rules that could potentially save you a lot of further pain and suffering if followed properly.
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.
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?
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 a police office wants to stop your vehicle they need to have probable cause that a crime has been committed.
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.
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 …
It’s a fact that the majority of people in prison are of lower economic standing. Why is this the case?
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 first installment of my “when can the police … fill in the blank” series.