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

I love to read other criminal defense lawyer's perspective on what we do.  So as I am waiting out big winds here in Maui, I just read a great post involving legendary criminal defense lawyer Roy Black and his defense of auto racing superstar Helio Castroneves - who fought the man and won!  Check out the post here. 

Here's Roy Black's take on our role as criminal defense lawyers - in Florida or in Boise, Idaho:

"...we defense lawyers are counter-punchers. The government always goes first and usually gets all the good rulings from the court. We had some tough days during the trial but our team never lost hope and just kept fighting back. So despite how dark things might look we should not give up."

Back in the office next week - but if you want to talk about a case just send me a post. As I said there are big winds here this week, so I am relaxing and reading cases.

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On the way to a little county jail near the Oregon and Idaho state line one morning last fall I was listening to Collin Cowherd on ESPN radio. He made the point that he loves teams that "know who they are."  Example - Boise State Broncos - he says that Chris Peterson and the boys know they are a team of average players who play hard every down.  They know they are not USC.  They know they are not Texas.  They are blue-collar players who know who they are AND where they are going.  They are going to win games because they want respect and they work hard, and perhaps another BCS bowl appearance.  Not like the Dallas Cowboys, he says.  The Cowboys are not sure where they are going or how they will get there. The Cowboys don't know who they are as a team and they have no idea where they are going.  

So who are you and where are you going?  Ah - we can get all philosophical now, exploring the "here and the now." But really, do we "get it" as Cowherd says? Are we moving in our direction or are we just spinning our wheels?

If you have hired a lawyer, you should consider this.

With every case I review, these are important questions for the lawyer and the client.  That's right - the CLIENT.  You see, no matter how hard we try, no lawyer can change the facts of the case.  We sometimes shade them, but facts are still facts when the jury retires to decide the case.  And the facts do not always set you free, so you have to know who your are and where you are going.  

If I am your lawyer, I know that is my position.  I speak for you.  I advise you. I may want to direct you in a way that you do not want to travel, but the direction - where you are going - is really up to you. In a criminal case, you must decide whether the evidence makes a compelling argument for a plea agreement.  In a wrongful death case, you must decide whether the money they have offered is enough for you to settle. Where we are going is up to you.  I can give you advice, but in the end you must decide whether to follow.  

So who are you?  Where are you going?  Lawyers are advisors, but in the end, you - CLIENT -  will decide the direction of your case. My bride says that a moving wheel turns easier than one that is stationary.  In other words - make a decision and move in the direction of that decision.  

Not guilty? Stand up and fight!  Screwed by some big corporation? Shout it from the rooftops! Follow your gut.  Choose a direction and be true to you.

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In an article on the Idaho Statesman website today, we learned that the State has cut a deal with a truck driver who killed two people when his big rig bashed into a stopped passenger car. The deal - driver gets a couple MISDEMEANOR counts of vehicular manslaughter. Read the article here.

The driver, Gregory Roberts, killed Boise residents Jeanette Neil and Roy Valpey. Prosecutors say that they did not feel there was evidence of criminal negligence - the mental state required for a felony charge. But Neil and Valpey were sitting in traffic in a construction zone in their Hyundai when Roberts hit them and crushed their car. No proof of gross negligence? Isn't that what juries are for? If the prosecutors had put on their case and a jury had returned a misdemeanor verdict I could understand - but prosecutors charge felony DUI every day, without so much as a thought about the level of culpability.

I know I should feel like this is a good thing, as a criminal defense lawyer I am always trying to get this type of treatment for my clients. But as I said - Big Rigs Kill!  Our focus this year with Gerry Spence's law firm is to try and "drive" home the dangers posed by too much speed and inattention at the wheel by truck drivers. Check out that post here.  And slow down - the life you save may be your own.

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 There is news today involving two Boise cases in which teens convicted of murdering their parents have received life sentences.  In the Ada County Courthouse yesterday, Judge Michael McLaughlin sentenced Derek Lewis to life in prison with twenty years "fixed." Under Idaho's sentencing scheme, that "fixed" component means that Lewis will not become eligible for parole until he has served twenty years. He is eighteen years old.  Lewis pleaded guilty to killing his father by shooting him in the head. At sentencing Judge McLaughlin made much of the fact that Lewis still insists he "accidentally" killed his father, although he entered the plea earlier to a charge that requires proof of an intentional act. McLaughlin told Lewis he would never get parole until he admits his responsibility for the killing. At least Lewis will have a chance at release, such is not the case with Ethan Windhom, who killed his mother when he was 16 and was sentenced to "fixed" life by Judge Cheri Copsey.  The Idaho Court of Appeals upheld that sentence yesterday, based on the "egregious" nature of the homicide.  

All of which is a good reminder that the type and severity of sentence in any criminal case is somewhat unpredictable. Is one killing really that much different from the other in these cases? Although Lewis has apparently not accepted his responsibility for the murder of his dad, Windhom has been diagnosed as schizophrenic. If his case is more egregious, it may be the result of the mental illness. In Idaho there is no insanity defense, so the "schizophrenia card" does not buy much.

What is apparent from both decisions is the fact that the Judges in each case were looking for evidence that the defendants understood and accepted responsibility for their crimes. This is not new - in virtually every case the court is looking for proof that the defendant "gets it." That is to say that the defendant has to convince the court that there is a reason to give the defendant a chance. They need to see that the defendant "gets it." If they don't see that, it is likely the sentence will not give the opportunity needed. If you have a sentencing question, jump into this and leave a comment.

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 The feds are at it again - investigating real estate and mortgage fraud across the fruited plain and the end result is almost always the same - PRISON.  Check out this report concerning their efforts and the results - an incarceration rate of over 82% and an average sentence of 38 months.  And in Idaho there are numerous ongoing investigations in criminal cases to be brought by the State and Federal authorities. And don't forget those civil fraud and racketeering cases - they often lead to CRIMINAL charges and then prison. Top schemes? False statements to lenders by borrowers and realtors, dual sets of closing documents and my favorite - theft of investment money by those investment advisors who got you into the "deal of a lifetime."  If you have been the victim of one of these schemes - get a lawyer to go after YOUR money.  And if you are suspected or accused of fraud? Hate to sound the same theme but an experienced lawyer may keep you out of prison. No time to play around in these cases - get some help fast.

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 Springtime brings those new flowers and an increased number of calls last week inquiring about whether the caller should hire a lawyer or use the public defender. Now I have to admit that I often ask myself what extra benefit the "private" lawyer brings to a particular case. I was a public defender when I started this some twenty-eight years ago, so I know the real value and commitment many PDs bring into the courtroom. Some great lawyers have spent their careers representing folks who could not afford another lawyer. But if you decide to hire your own lawyer - choose wisely. Pick a lawyer you can trust, who will fight for you and give you the best chance at winning.

So as you think about who you will hire to keep you free - let me give you FIVE QUICK QUESTIONS TO ASK EVERY  LAWYER YOU THINK YOU MAY HIRE:

FIRST - how many years have you been in practice.  New lawyers know almost nothing about practicing law (sorry, but its true). If it was your MOM who was charged with a crime, would you want an inexperienced lawyer who just passed the bar to handle the case? No way!  There is no substitute for experience.

SECOND - how many criminal trials have you done and with what results?  Your case may not go to trial, but ask this question.  Has the lawyer WON a criminal trial this year?  Ever?  And by WON, I mean heard those two magic words: "NOT GUILTY!"  If the lawyer has not won a case this year - ask for an explanation. And ask the lawyer if HE OR SHE was the responsible or lead lawyer on the case.  Some lawyers have never been the lead counsel in a case and WON it on their own, they have only done so with someone else at the helm. You only want the lawyer who has actually stood up and argued the case as THE lawyer, not the second. If the lawyer you are talking to has never personally had an acquittal as the lead lawyer - MOVE ALONG TO THE NEXT LAWYER.

THIRD - who in your office will actually handle my case? Your freedom is too valuable to trust your case to some rookie associate who has not been there before. Can that young associate help and make your case more likely to be a winner? ABSOLUTELY! Young lawyers have brains and recent case information that will help to build a winning strategy, but that young, inexperienced lawyer needs time in court to become a winner. So if the lawyer you are hiring is not going to be personally responsible - MOVE ALONG!

FOURTH - how will you keep me informed about my case? You are buying advice and you are paying for someone to keep you informed about how the case is going and where it is going, so how will you get information? I have seen lawyers who were "not in" more than they were, at least when it came to talking to them. Get a lawyer who is going to take your calls and be around to talk when you need to talk. In our office we use Basecamp to keep our clients up to date - actually building a private website for the client where his or her case documents and calendar are always available. Just how will that lawyer get information to you?

FIFTH - how much will this really cost? Let me be honest here, a simple DUI case might cost you $1000 or $10,000 depending on how the case is handled. Will you be charged a "flat fee" covering all the work or will you pay by the hour? There are options that you should decide. Deciding how the case will be handled will also help you decide how much it will cost. Having money to defend a criminal case is like that "Rainy Day" fund the State has been building up, "just in case."  If you have been charged with a crime, follow this one rule above all others: HIRE THE BEST LAWYER YOU CAN AFFORD. Period. Your life and liberty depend on that decision.

Hope this helps - now get out there and find someone who can fight for you. Every criminal case is a war, every motion a battle. So grab a warrior - your freedom may very well depend on it!

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