Posted on December 29, 2010 by Chuck Peterson

Four things you need to know about a "first appearance" on a criminal case in Idaho

There are four things you need to know about the "first appearance" in any felony or misdemeanor criminal case in Idaho. The "first appearance" is is often called an arraignment, although in a felony case no plea is entered by the defendant.  If a defendant is in custody, the first appearance may by done by video.  In Idaho, that first appearance will occur before a magistrate judge, and he or she will start the case process. Here are four things you need to know if you are headed to court for a first appearane:

1. The court is going to give you an outline of the charges against you and a court document that identifies the crimes alleged.  Those charges my change over time; perhaps a felony will be reduced to a misdemeanor, but the key here is to understand generally the context of the charges.

2. The court will want to know whether you need a public defender to be appointed or if you intend to hire an attorney.  The other option is for you to go it alone - pro se.  Don't do that if the charges are more serious than driving too fast. Get a lawyer!  

3.The first appearance really makes a difference with respect to your bond. More serious charges typically result in a higher bond.  This hearing is your first chance to impact on the bond and how much money you will have post before you get out pending trial.  

4. Every chance you get to make an appearance before the court is a chance to make an impression.  Show the judge and the prosecutor that you understand how serious the case is. Be respectful. Have a family presence if possible. If you are not in jail, show up looking like you belong on the streets - in other words - no "public enemy" t-shirt, no skirt so short that it makes everyone uncomfortable, and no dirty jeans.  Show the court you understand this is a serious.

The truth is, every appearance before a court is an opportunity. As my pal John says: you never get a second chance to make a first impression.

Need to know more? Give me call. 

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Posted on December 8, 2010 by Chuck Peterson

Time Out - Why It Takes So Long To Get To Trial

 I couldn't help but notice this morning that a judge on Wednesday postponed the trial of Roger Clemens "for three months" moving it into July. Not long ago I listened as the parents of a child who had been beaten up by classmates complained to the judge that it had taken entirely too long to resolve the case. And just last week, I had to ask to postpone a criminal jury trial in Boise until June in a case that I doubt will ever go to trial.

So why does this process take so long? Why can't we just get it done like they do on Law and Order, all neatly wrapped up in under an hour?

The answer is found in two words - due process. The underpinning of the criminal system is fairness - so the procedures that are in place to keep the trial on an even playing field require that everyone has time to adequately prepare. Get this wrong (go to trial too soon) and it likely results in a claim later that the lawyers did not "effectively" represent that defendant, leading to a conviction. 

If you are in a case that you think is taking entirely too long, relax. It is so much better to get fully prepared than to wonder whether everything was done to preserve your freedom. 

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