Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: Assistance of Counsel

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“So how do I get my record expunged?” Here’s help.

Posted in Assistance of Counsel, Criminal Defense
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… 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.

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

Exigent circumstances justify warrantless search of apartment

Posted in Assistance of Counsel, Constitutional Law, Criminal Defense
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… 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

“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

Record Number of False Convictions in 2015 – Who Says You Don’t Need the Best Lawyer You Can Afford!

Posted in Assistance of Counsel, Constitutional Law, Criminal Defense
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… 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

Fight that Ticket!

Posted in Assistance of Counsel, Criminal Defense, Hire a Lawyer
  Peterson Lawyers associate attorney Will Young tells us to "challenge that speeding ticket! Speaking from experience, getting ticketed for speeding is not a fun experience. Seeing red and blue lights in your rearview mirror is not a good feeling. I realize speeding is not even close to the worst thing you can be accused… 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

DUI Lawyer solicitation letters may scare you into hiring the wrong lawyer! Educate yourself here, for free, and without the scary letter!

Posted in Assistance of Counsel, DUI
"ACT IMMEDIATELY TO PROTECT YOUR DRIVING PRIVILEGES" In Boise, Idaho, if you are charged with driving under the influence of alcohol or drugs, two things are certain: First – your mugshot photo will show-up online for all to see, and second – you will receive a "letter" advertising the services of a lawyer who wants… Continue Reading

Fear the Feds

Posted in Assistance of Counsel
 A couple mornings ago I heard financial Guru Jim Cramer talking about the Feds – in particular, he was talking about potential criminal charges against stock traders or sellers: "The most frightening thing in the world is to go up against the US Attorney. They have unlimited resources and you don’t!" He is absolutely correct. … 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

149 Reasons Why That Fingerprint Expert Might Be Mistaken

Posted in Assistance of Counsel, Civil Trial Practice, Criminal Defense
    The National Institute of Standards and Technology (NIST) recently identified 149 potential sources of human error in the analysis of crime scene fingerprints.  In an article published by NIST, the results of a study by a working group of 34 scientists, NIST recommends changes to reduce human error and make conclusions more reliable.  You can… Continue Reading

Idaho Criminal Defense Blog Is About Content – Free Information For You On Criminal Defense In Idaho

Posted in Assistance of Counsel, Civil Rights, Civil Trial Practice, Constitutional Law, Criminal Defense, DUI, Hire a Lawyer, Trials
Have you noticed how many attorney websites are all about the lawyer and pay no attention to the information that people charged with criminal matters are looking for? Most lawyer websites scream: "Hire me! Do it now! You might go to prison if you don’t act within the next hour! Call me now!" I hate those… Continue Reading

Surviving Tough Times While Your Loved One Faces A Criminal Trial – Pray And Hold On

Posted in Assistance of Counsel, Criminal Defense
 I am currently captivated by The Pacific, an HBO mini-series airing on Sunday nights. Even on Easter Sunday I am watching as the men of the 1st Marine Division are moving through the jungle on New Britain. The jungle is everyone’s enemy. I cannot remember enough about the history of America’s time in that part of… Continue Reading

Idaho’s Civil Action For Victims Of Sexual Abuse Not Applied Retroactively

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Crime Victims, Idaho Appellate Decisions
 The Idaho Supreme Court decided an interesting case in which the Boy Scouts of America sought to dismiss a case brought by sex abuse victims who had not proceeded with their cases until they were adults. Generally, Idaho civil law contains a statute of limitations that ends liability for civil cases after some number of… Continue Reading

Did I say the Idaho Supreme Court never grants relief? Say it ain’t so!

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Criminal Defense, Idaho Appellate Decisions
The problem with over generalizations is – they are in fact over generalizations! Guilty. I may have suggested recently that your likelihood of getting relief on appeal is about the same as coming up with a perpetual motion machine; or a little less than winning that $200 million Power Ball; or swimming from Los Angeles… Continue Reading

Three Truths About Criminal Trials – And Maurice Troutman Gets Another Chance

Posted in Assistance of Counsel, Civil Rights, Constitutional Law, Criminal Defense, Idaho Appellate Decisions, Trials
Reversing a conviction for rape this week, the Idaho Court of Appeals reminded all of us that the system works when the rules leveling the playing field are enforced. That applies to defense lawyers and prosecutors alike. As Judge Gutierrez noted: "While our system of criminal justice is adversarial in nature, and the prosecutor is expected… Continue Reading