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 a preliminary hearing is so
Continue Reading The preliminary hearing – to waive or not to waive, that is the question.
Twin Prosecutor – “it is the State’s conclusion Mr. Holland … did not commit the crime of rape…”
After a fully contested prelim by which the State barely had enough evidence to establish probable cause, and after we found witnesses to contest the basic premise of the State’s case against Jack Holland, a weather man for a Twin Falls television station, the State today filed its motion to dismiss. Included within that motion is this proclamation:
Is your lawyer doing enough for you at sentencing?
Strong sentencing arguments are critical in every case. Every single case. Regardless of how you find yourself in a sentencing hearing – after a conviction by a jury or a judge, or through a plea agreement – your chances at being placed on probation or being locked up will often hinge on your attorney’s ability to advocate effectively and convincingly.
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“I’m not trying to be respectful. I’m trying to win.” Johnnie Cochran.
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.
How can it have been so long since I last posted? Answer – too much to do, too little time!
Yesterday I was complaining to Courtney and Will that we needed to get writing. “Why haven’t you two been posting anything to the blog? It’s not like there isn’t interest out there about our cases and the law generally!” Then I looked at my posts – or the lack thereof this year. Where does the time go?
Most recent court
Continue Reading How can it have been so long since I last posted? Answer – too much to do, too little time!
Record Number of False Convictions in 2015 – Who Says You Don’t Need the Best Lawyer You Can Afford!
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!
Bowe Bergdahl and the Serial Podcast – Court of Popular Opinion
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 traded him for
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That “Fog Line” is Actually Part of the Lane – DUI Case Reversed!
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 back
Continue Reading That “Fog Line” is Actually Part of the Lane – DUI Case Reversed!
The Idaho Rider Program
Cue the intro: “Knight Rider, a shadowy flight into the dangerous world of a man who does not exist. Michael Knight, a young loner on a crusade to champion the cause of the innocent, the helpless, the powerless, in a world of criminals who operate above the law.”
Sorry, this post has absolutely nothing to do with the 1980s TV
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Should You Refuse The Breathalyzer?
Now that we are finished with the recent trial, my nightmares involving exhibits, motions, and objections are beginning to subside, and things are starting to settle back into the normal daily grind; I figured it was time for me to sit down and get back to posting on our blog.
Today’s post covers one of the most common questions I
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