Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: Trials

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Most people accused of a crime are treated like criminals, that’s why we fight to protect your rights and keep you out of jail.

Posted in Assistance of Counsel, Hire a Lawyer, Trials
I saw it again the other morning in court – a young kid whose lawyer was paying little more than lip service in protecting his right to a fair and speedy trial. The truth is most people accused of a crime are treated like criminals, regardless of the fact the law is supposed to presume… Continue Reading

State Security Manager NOT GUILTY of Theft of $31,000 from Ada County Treasurer’s Office

Posted in Assistance of Counsel, Criminal Defense, Trials
The two best words for any criminal defense lawyer and any defendant – NOT GUILTY. Heard them again to day in the case of State vs. April Rice. Ms. Rice was charged with grand theft after she received a check from the County that belonged to the estate of another person. Eight months after it… Continue Reading

The preliminary hearing – to waive or not to waive, that is the question.

Posted in Constitutional Law, Criminal Defense, Trials
The decision whether to waive a preliminary hearing, and give up a review of the probable cause determination, can often be a tough one for clients to make. Every client hopes a win at preliminary hearing means the whole case goes away before it really ever started. Unfortunately, the truth is the State’s burden at… Continue Reading

“I’m not trying to be respectful. I’m trying to win.” Johnnie Cochran.

Posted in Assistance of Counsel, Criminal Defense, Domestic Violence, Trials
In my split brained world a month or so ago, I had just finished watching another episode of The People vs. O. J. Simpson and reading an article in the New York Times describing the Supreme Court decision overturning a 1987 death penalty case in which prosecutors had, according to every Justice except Clarence Thomas, excluded… Continue Reading

Bowe Bergdahl and the Serial Podcast – Court of Popular Opinion

Posted in Constitutional Law, Criminal Defense, News, Trials
SGT. Bowe Bergdahl will stand trial for Desertion and for Misbehavior before the Enemy despite the recommendations of the officer who presided over the Article 32 Investigation that a lesser proceeding is appropriate. Bergdahl left his post, was captured by the Taliban, was held 5 years and was only released when President Obama worked some magic and… Continue Reading

That “Fog Line” is Actually Part of the Lane – DUI Case Reversed!

Posted in Constitutional Law, Criminal Defense, DUI, News, Trials
Idaho’s Supremes have decided, in a 3 – 2 decision, that the line on the side of the road is actually part of the lane, so an officer unreasonably stopped a driver because he had driven onto that line twice. That decision results in suppression of the evidence needed by the State for its DUI case. The case goes… Continue Reading

Pardon our absence …

Posted in Assistance of Counsel, Trials
There are times when we are getting ready for trial and there seems little time to breathe, and no time to post to this blog. Now is such a time. So if we seem absent – well we are. But I am reminded today of the value of preparation, and the burden it places on… Continue Reading

“Everyone’s a Suspect” but Why Would the Cops Believe Jay?

Posted in Assistance of Counsel, Criminal Defense, Trials
A youngish lawyer in court today asked me about the blog: "What’s going on with that podcast?" You may recall that I became engrossed in Serial, the investigative report turned podcast by All Things Considered. I have not been able to finish my review of the lessons in law apparent from that series. Work simply keeps… Continue Reading

THERE ARE NO SMALL CASES! Hire a lawyer for that misdemeanor charge and go to trial!

Posted in Trials
 Attorney Will Young, an associate at Peterson Lawyers writes todays post on misdemeanor cases. So, you have been charged with a misdemeanor. You are probably feeling overwhelmed, nervous, and at least a little bit confused about the process ahead of you. What Is A Misdemeanor? A misdemeanor is defined as any “lesser criminal act.” Misdemeanors… Continue Reading

Criminal Cases Require Lawyers with “attention to detail, an energetic investigation and a coherent plan of defense”

Posted in Assistance of Counsel, Constitutional Law, Criminal Defense, Hire a Lawyer, News, Politics, Trials
 The news tonight declares that Kennedy cousin Michael Skakel has won a new trial because his criminal defense lawyer did not do enough to provide an effective defense. Robert F. Kennedy was his uncle. Mr. Skakel was convicted of the murder of Martha Moxley in 1975. She was beaten to death with a golf club… Continue Reading

And now a word about blogging – BACK!

Posted in Assistance of Counsel, Civil Trial Practice, Criminal Defense, DUI, Politics, Trial Lawyers College, Trials
 So I took a little break from blogging about criminal defense, DUI defense, civil trials and matters of wrongful death. And then things just started "popping up." A new case or twelve. A kid in jail who just could not get it together. A former Marine facing life changing decisions. The mentally ill – fearing… Continue Reading

First Trial For Us This Year – NOT GUILTY – Aggravated Assault and Malicious Injury to Property

Posted in Trials
 It happened a couple weeks ago in Canyon County. Our client faced felony charges for aggravated assault with a deadly weapon and a misdemeanor malicious injury to property count. The case involved an argument between ex-spouses that ended with one spouse refusing to leave the other’s property. The "trespassing" spouse acknowledged she had been repeatedly… Continue Reading

Win Your Case – go to trial if there is no other way out!

Posted in Civil Rights, Civil Trial Practice, Crime Victims, Criminal Defense, Trials
  Years ago I was getting ready for a monster trial – pitting the ultimate power of the United States against a little guy who held out in the face of an all out attack on his home. People died. Protestors gathered. Television cameras rolled and major magazines wrote headlines in anticipation of an almost… Continue Reading

Supreme Court Tightens Rules on Plea Bargains

Posted in Assistance of Counsel, Constitutional Law, Criminal Defense, Federal Sentencing, Trials
 As any experienced Idaho criminal defense lawyer will tell you, the vast majority of cases are resolved with a plea bargain long before they ever reach a courtroom. Plea bargains are important to prosecutors because they help efficiently clear dockets and allow them to prosecute more cases. They can also be beneficial to defendants by… Continue Reading

Preparing for Trial – the KEY to success!

Posted in Trials
 A young lawyer came to see me yesterday.  "How do you win cases?"  The answer to that is not as simple as you might imagine. A friend and mentor says that he has "not lost a jury trial in over thirty years." Really? No losses?  "Well, it kinda’ depends how you define ‘lost’!" And that… Continue Reading

Injured by an Idaho State, County or City Employee? You Need To File A Tort Claims Notice To Bring A Lawsuit

Posted in Civil Trial Practice, Crime Victims, Trials
 If you have been injured by an Idaho state, county, or city employee and you want to bring a civil lawsuit for damages, you MUST file a notice of tort claim before you can bring a lawsuit to recover for your injuries. Even if the potential defendant is not an employee – you still must… Continue Reading

Just One Tool – Protecting Your Sixth Amendment Rights

Posted in Civil Rights, Constitutional Law, Criminal Defense, DUI, Fraud, Trials
The Sixth Amendment to the Constitution provides you with many of your most important tools at trial. It is intended to guarantee a fair trial to every person accused of a crime. Whether you are charged with DUI, a drug crime, a sex offense, fraud, manslaughter or murder, the Sixth Amendment helps us to get… Continue Reading

Domestic Battery or Domestic Violence in Idaho – Prosecutors In Ada and Canyon County Treat These As Very Serious

Posted in Criminal Defense, Trials
Today’s post is authored by Boise lawyer Courtney Peterson. Courtney’s practice focuses on criminal defense and child custody. What does it take for your simple assault or battery charge to be elevated to a crime of domestic battery or domestic violence? Not much. An act as simple as grabbing your live-in boyfriend or girlfriend by the wrist might… Continue Reading
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