Idaho Criminal Defense Blog : Boise Idaho Criminal Lawyer & Attorney : Chuck Peterson Law Firm : Civil Rights, Trial, Felonies, Assaut, DUI : Boise, Idaho Falls, Pocatello, Idaho

 So it's time to look back at the past year or so and consider how our clients did when they pushed their cases to trial.  The names have been changed to protect ... you know the drill.  Simple pleas without reductions are not included.

State vs KA - Lewd Acts with minor under 15 dismissed, pled guilty to child endangerment. OK - not a straight up win in the "NOT GUILTY" sense, but our client will not have to register as a sex offender, and should be able to get this case further reduced after serving his probationary time.

State vs WA - domestic violence dismissed, misdemeanor battery charged and client entered the domestic violence court. 

State vs MR - NOT GUILTY - aggravated battery.

State vs FA - NOT GUILTY - medicaid fraud.

State vs CL - MURDER charges DISMISSED at prelim hearing, case proceeded to trial on involuntary manslaughter. Client found guilty of involuntary manslaughter and sentenced to 120 days as condition of probation.

US vs PK - NOT GUILTY of conspiracy to traffick in counterfeit goods, but guilty of selling counterfeit goods (t-shirts). Client spent 30 days in confinement as condition of his probation.

State vs DW - Client found NOT GUILTY of Manslaughter.  The charge went to trial after the court DISMISSED the MURDER charges initially brought by the state.

State vs CS - Felony DUI case proceeded to trial, client had BAC of .24 / .26 (ouch!). Tough case for us but client wanted his day in court, found guilty.

State vs MA - NOT GUILTY of malicious injury to property.

US vs EO/JO - cases not indicted, alleged real estate and banking fraud.  Imagine this - we actually had one of them give testimony before a federal grand jury!

Over all, not a bad year. Every case is different, so if you want to discuss your case, give me a call.

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J Taylor writes: "I picked your site because I want a good unbiased answer on referrals and/or help."

Thanks for the vote of confidence J Taylor. Part of the idea behind this site is just that - if we can't handle your case we may be able to point you in the direction you need to find the right lawyer. All of this reminds me of something my Dad once told me - you cannot possibly know all the law! It's true. I do not think any lawyer can really be competent in every area. In our own area of the state there are lawyers who, until recently claimed that they were the leading authorities on everything injury. You know the ads - "bit by a dog, hit by a truck, run over by a speeding drunk driver? You're in luck! Its the litigation lottery and you're our next contestant!" Last night I saw their television advertisement and it turns out that they have expanded into bankruptcy and criminal defense. Criminal defense?! I have never seen any of these lawyers in COURT. You remember COURT don't you? Where real trial lawyers work? Sorry about the rant but this is crazy - lawyer advertising is largely a huge scam. Need a good lawyer for your case? Go back and read my post on the Five Questions You MUST Ask Before Signing That Retainer. And in the mean time, J Taylor - your answer is coming by email.

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 So here we go again - another Case o' the Week from the Ninth Circuit Blog deserves our attention. Headlines: Prosecutor's Mis-statements Result in Overturned Death Penalty.  But not here, in Idaho. The case is out of Nevada, and the issue was whether statements made by the prosecutors in voir dire and sentencing violated the Defendant's 6th and 14th amendment due process rights. Apparently the prosecutors told jurors that even if they gave the Defendant a "life without the possibility of parole" sentence, he might still be released. Survey says - do it all over again and don't say stupid stuff like that again! Does this mean that Mr. Sechrest, the convicted killer, is going free? Not hardly! It simply means that the State must re-sentence him. Could he again be sentenced to death? YES. But that's the thing about due process - it has to have some meat on that bone to keep the playing field something close to level.  You can find out more about the Sechrest case here where the decision is available for your review. 

What does this have to do with your case? Everything! You have the right to a fair trial. If that trial is not fair, if the government does not play by the rules, an appellate court may be called upon to decide whether you received the "process" you were "due." But by far the best message I can give you if charged with a crime - get the best lawyer you can afford. Your life and liberty hang in the balance. Check out our prior posts on questions to ask the attorney you are thinking of hiring by searching under the category Assistance of Counsel, and call me if you need help finding just the right lawyer for your case. It may be me - or it may not. Either way I am happy to talk to you.

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 There is news today out of Utah that five Blackwater Security Guards have been charged in the firefight that left 14 Iraqis dead and others wounded in a 2007 Baghdad attack. They have been ordered to appear in Washington in January, where they will enter pleas of not guilty. As a former JAGC officer, I get the need to hold accountable those responsible for war crimes, but this is wrong. These Security Guards are all former military service members who were offered more money to fight as mercenaries in Iraq. They likely made ten times as much money to do the same work, but this time they did so without the benefit of the law of war. And who decided that we should fight the Iraq war by proxie? The same leaders who have lacked the will to put enough military service members in the field to do the job. Ranting? OK, a little - but I have been contacted by a former Blackwater Security Guard (not yet indicted) and I have empathy for their plight. They were there to provide security - a job that is ordinarily reserved for military police. The government now has left these men hanging - and charged them with crimes. I say support them.  Got a different opinion (no matter how wrong)? Let's hear it.

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 I had a call yesterday asking if there was an online place to find out about the daily arrests in Boise.  HERE it is. You can easily check out who has been arrested in the Boise, Idaho area, on a daily basis. And yes, DUI arrests are included.

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 Just how busy are Idaho's law enforcement officers this time of the year?  As my Dad used to say, "busier than a one-legged man at a butt kickin' contest." The Idaho Statesman reports that Idaho DUI arrests have doubled over the past five years, the average number of arrests has risen to around 600 per year, and of those, half will be repeat offenders. So let's talk about what you should do if you are stopped and asked to take the breathalyzer. If you refuse the breath test there will not be a "record" of your BAC level, which might make it more difficult to convict you in a criminal trial, but it will also result in the Department of Transportation suspending your license, absolutely (as in no driving at all) for a year. That year runs in addition (or consecutive) to any suspension imposed by the court in a criminal case, if one is brought. And then there is the mindset that anyone who refuses is likely guilty. Jurors always consider your refusal, even if they tell your lawyer they will not. If you do take the breathalyzer test, there are consequences too - most importantly - there will be some record that can be used as evidence against you at trial - no matter what the BAC level actually is. If you blow above .08 DOT will suspend your license for 90 days, the first 30 absolute. And of course at trial the prosecutor will have a "per se" case, that is a case in which the proof of a BAC above .08 violates the law, leaving you to attack the BAC, the Breathalyzer and perhaps the way the sample was collected. If the level is above .20, the enhanced DUI provisions of the law apply, likely making your punishment greater if you are convicted.  So should you take the test? My general answer is yes - unless you are so incredibly drunk that you will certainly blow above the .20. But if you are that drunk, you probably won't be sufficiently aware enough to refuse the test.  

The key here is simple - there must be proof that you were driving under the influence or driving above .08 - and if you blow above .08 - well that case is easier to prove than a "no blow." If you blow below the .08, you won't get charged, but you will not know your BAC level unless you blow. Then there is the problem of the blood draw - if you refuse to blow there may be circumstances that entitle the officer to require you to submit to a blood draw. So there is no easy answer here.

If you blow or don't blow and get arrested, pull out the wallet and hire the best Idaho criminal defense lawyer you can afford. There is just too much riding on this to do it yourself. And BEFORE you hire any lawyer, check out my article here on what to ask that lawyer who wants to handle your case.

Remember - that nice prosecutor wants to take away your driving privileges and send you to jail. DUI cases are not easy to win as a defendant, so the best advice is to NEVER DRINK AND DRIVE. Failing that advice, check out my prior report on how the deck is stacked against you if you are charged with driving under the influence of alcohol or drugs (click here).  

Got a question about DUI? Send me a comment OR CALL NOW TO DISCUSS YOUR CASE.

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