Just before Christmas I spent a little time with Zachary Neagle. When Zach was charged with the murder of his father in March of 2009, I followed the case with special interest. I am a dad and I could not imagine what might lead a kid to kill anyone – let alone his father. Fathers are supposed to be
Continue Reading Zachary Neagle’s Case Revisited – He Is Doing Well
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
Continue Reading Four things you need to know about a “first appearance” on a criminal case in Idaho
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
A recent Idaho Court of Appeals decision addresses an issue often raised by clients facing a restitution order following conviction or entry of a plea of guilty to a crime. In State v. Blair, a woman who had been convicted of stealing money from her employer objected to the amount of restitution the court determined she owed. She
Continue Reading Restitution Hearing After Sentencing Not Required
I am working on a case in which a private citizen reported to the police that his neighbor had been drinking, got in an argument and left in his car. The tipster reported that the neighbor was drunk and driving. He gave the likely direction of travel and type of car. Cops notified by dispatch saw a car that matched
Continue Reading Can My Car Be Stopped Based On An Anonymous Tip?
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 the world and I
A recent Idaho Court of Appeals decision follows recent United States Supreme Court precedent, allowing a search of a car incident to arrest, even if the defendant is in custody at the time of the search, and unable to reach into the vehicle at the time of the search. The Idaho case is State v. Cantrell, decided by Judge
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 to San Diego – even
Continue Reading Did I say the Idaho Supreme Court never grants relief? Say it ain’t so!
I had a really nice woman in my office today who wanted to hire me to be her lawyer in a felony case. Her biggest block was, well – money. She said she had been "hoping to avoid all those hearings" and thereby make it possible to hire me. Fewer hearings means less time spent on the case and less
Continue Reading “I Was Hoping To Avoid All Those Hearings….”
This week’s first call from a potential client posed the question: Why do federal investigations take so long? Long is right! I am involved in a fraud case in federal court (potentially) that began nearly 5 years ago, and like that rabbit it just keeps going and going and going and – well you get it. Federal prosecutors are like
Continue Reading Why Do Federal Investigations Take So Long?