I am at it again, trying to keep a nice young man from a great family out of prison. Again. He awaits his fate. Again. And he is not alone. So many of the people addicted to opiates cycle in and out of the drug and in and out of the justice system. They fight the addiction like we were
Continue Reading Facing the opioid crisis? Prepare for battle.
Idaho Supreme Court Rules Admission and Drugs Inadmissible After Pat-Down Search
People frequently ask questions about search and seizure, particularly when the search is not conducted pursuant to a warrant. The Constitution prohibits unreasonable searches. A warrantless search is unreasonable unless an exception to the warrant requirement applies. One common exception permits an officer to conduct a limited “pat-down” search of a detained person for weapons. This type of search originated
Continue Reading Idaho Supreme Court Rules Admission and Drugs Inadmissible After Pat-Down Search
Lawyer Prepare! Challenge Suggestive Lineups.
The Idaho Supreme Court once again points out the importance of challenging line-up identifications whenever the issue arises. Many people do not understand how common such evidence is, or how often jurors rely on the identification as the basis for their decisions. Eyewitness identification evidence can destroy a defense case with little more effort than announcing the name of the
Continue Reading Lawyer Prepare! Challenge Suggestive Lineups.
“So how do I get my record expunged?” Here’s help.
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.
Exigent circumstances justify warrantless search of apartment
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
Beware the prescription drug DUI – get a lawyer to win your case
Today’s question: “What happens if you are arrested and charged with driving under the influence of drugs? Let’s say prescription drugs. What does the prosecutor have to prove to obtain a conviction?” This question comes to me more frequently today than ever before, probably because more and more people who are taking medications prescribed by their doctor seemingly intersect
Continue Reading Beware the prescription drug DUI – get a lawyer to win your case
State Security Manager NOT GUILTY of Theft of $31,000 from Ada County Treasurer’s Office
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
AG Sessions directs get tough on crime campaign
OK – I get it. If you are the Prez’ and you ran on a scare platform that crime is rampant in the streets and makes it more likely you will be murdered in Chicago than you will find an empty Starbucks in Seattle, you’ve got to get tough on crime! So the Donald’s new AG is not fooling around.
Continue Reading AG Sessions directs get tough on crime campaign
Recent action – “CPT Pete” goes back to the courts-martial circuit – Wins!
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!
“Officers threw him to the ground, got on top of him and shot him dead!”
I am packing for the weekend and watching a little TV news this morning, and from that box a witness to a fatal shooting in Louisiana offered this explanation for the dramatic killing of a black man by a police officer there: “Officers threw him to the ground, got on top of him and shot him dead.” So it would
Continue Reading “Officers threw him to the ground, got on top of him and shot him dead!”