Information and Insight on Criminal Law and Civil Rights
Usually when I get this question, the person asking has already either taken or refused. Monday morning quarterback time: "should I have blown?" The answer depends on you and whether you hope to keep your license.
First – a few words about drinking and driving. In 1999 the government reports there were 42,000 traffic deaths. Of those, thirty-eight percent (38%)…
I went to get a bagel this morning after a hearing and ran into a guy with a story about "his lawyer." He had hired a friend of mine for a case in a practice area that I do not usually handle and he wanted to tell me about the great job his lawyer (and my friend) had done.
"He…
We lawyers tend to think of ourselves as indispensable when it comes to protecting your rights. That is not always the case and you may be able to handle your case on your own without any lawyer. It’s true. Not every case requires that you spend money to hire a criminal defense lawyer – whether you are in Boise, Idaho…
Continue Reading Hiring Your Own Lawyer In Tough Economic Times
Let’s say that you have entered a guilty plea to a felony and the case is headed toward a sentencing proceeding. Under Idaho law, the trial court will order a presentence investigation be completed and a report of that investigation will be sent to your criminal defense lawyer, the court, and the prosecutor. What happens if you change your mind?
Continue Reading “Can I withdraw my guilty plea?” Maybe Yes, Maybe No
Is a convenience store that sells alcohol to a minor liable for injuries caused when the minor, drunk and driving, injures or kills another? The answer is likely "yes." I had an interesting call about such a fact pattern and did a little research to find a similar fact pattern, and there are plenty of them out there.
Generally, a…
Continue Reading Sale of Alcohol To Minors Can Create Civil Liability
There is this practice in Idaho of allowing County prosecutors to handle City cases on a contract basis. So small town hires County PA to prosecute misdemeanor cases, rather than have their own City prosecutor or some private law firm that functions as the City’s lawyer. County Prosecutors have been doing this across the state forever, and it likely works…
Continue Reading Canyon County Prosecutor Owes $280,000 To County – How Did This Happen?
This week I had to write that "sorry, but I cannot take your civil rights case" letter to a man who had been badly assaulted in prison. In Idaho over the past year there have been a number of lawsuits filed by prisoners and lawyers on their behalf for damages they received when the prison failed to protect them from…
Continue Reading How Much Is My Personal Injury Case Worth In Boise, Idaho?