Information and Insight on Criminal Law and Civil Rights
Self Defense Results in Dismissal of Murder Case
In two recent cases, the potential use of self-defense resulted in dismissal of murder charges against our clients. Self-defense is alive and well, at least when you have prosecutors who approach their cases mindful of how a jury will likely view the evidence. Of course, it also helps to have the…
Continue Reading Second Degree Murder Charges DismissedOnce upon a time, as I returned to private practice from my time as Executive Director of the Federal Defenders of Idaho, I made plans. Not going to get behind. Going to keep that calendar clear enough to run, ride or swim every day. Keep my time for me, and Sue and the kids.
“Sweet dreams are made of this….”…
Continue Reading I remember thinking, “I’m going to blog every day.” Nice Dream!
A year ago I left private practice to become the Executive Director of the Federal Defender Services of Idaho (FDSI). I became the head of the office, hoping to manage, supervise employees and practice federal criminal defense.
I had been handling federal criminal cases as private counsel and as a member of the Criminal Justice Act Panel (CJA) since leaving…
Continue Reading Back in the Saddle – an overview after a year as the Federal Defender
We receive daily inquires regarding the expungement of convictions, dismissing convictions, and reducing felony judgments to misdemeanors. Here are the Idaho options for someone who has completed probation. I hope this post helps demystify the procedures.
Withheld judgment:
Idaho generally allows each person one withheld judgment, but not every offense will support a withheld judgment. For example – there are…
Continue Reading “So how do I get my record expunged?” Here’s help.
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 innocence. A judge in a…
Continue Reading 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.
Just how far does the fourth amendment to the United States Constitution go to protect against a warrantless search of an apartment? That question was again considered this week by the First Circuit Court of Appeals in US v. Yoga Almonte-Baez, a case in which the petitioner was convicted of drug trafficking crimes and sentenced to 156 months in…
Continue Reading Exigent circumstances justify warrantless search of apartment
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 was deposited into an estate…
Continue Reading State Security Manager NOT GUILTY of Theft of $31,000 from Ada County Treasurer’s Office
Oh man, has it really been that long since I last posted on this blog? I feel like I need to go to confession – “Forgive me father for I have sinned, it has been eight months since my last blog post….” But enough about that, instead, let’s start with some success – in the Air Force. Last summer I…
Continue Reading Recent action – “CPT Pete” goes back to the courts-martial circuit – Wins!
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 potential jurors who were…
Continue Reading “I’m not trying to be respectful. I’m trying to win.” Johnnie Cochran.
After 35 years practicing criminal defense, I am sometimes cynical about our system of justice. Prosecutors overcharge offenses in an attempt to prompt a plea from defendants. Defendants are seldom “presumed innocent” in the eyes of the arraigning judge, many of whom impose restrictions on pretrial release that are as onerous as the penalty for the crime they have not…
Continue Reading Record Number of False Convictions in 2015 – Who Says You Don’t Need the Best Lawyer You Can Afford!