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.
“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.
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
Continue Reading Bowe Bergdahl and the Serial Podcast – Court of Popular Opinion
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!
Fazliddin Kurbanov Found Guilty – Looking At Terrorism In Idaho
Fazliddin Kurbanov’s trial is over, and as quickly as it began, most people will forget about the issues raised in court. A jury found that Fazliddin had agreed with a person identified as “Ahmadi” to provide material support to the Islamic Movement of Uzbekistan. He had not sent them the money they asked for or the software they wanted to
Continue Reading Fazliddin Kurbanov Found Guilty – Looking At Terrorism In Idaho
Pardon our absence …
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 us as lawyers.
“Everyone’s a Suspect” but Why Would the Cops Believe Jay?
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 me moving away from
Continue Reading “Everyone’s a Suspect” but Why Would the Cops Believe Jay?
Your Story is Your Only Hope – So start listening to Serial on PBS
“For the last year, I’ve spent every working day trying to figure out where a high school kid was for an hour after school one day in 1999. Or, if you want to get technical about it (and apparently I do), where a high school kid was for twenty-one minutes after school one day in 1999….”
And so it
Continue Reading Your Story is Your Only Hope – So start listening to Serial on PBS
THERE ARE NO SMALL CASES! Hire a lawyer for that misdemeanor charge and go to trial!
Attorney Will Young, an associate at Peterson Lawyers writes todays post on misdemeanor cases.
So, you have been charged with a misdemeanor. You are probably feeling overwhelmed, nervous, and at least a little bit confused about the process ahead of you.
What Is A Misdemeanor?
A misdemeanor is defined as any “lesser criminal act.” Misdemeanors are punished less severely than a felony, generally including any crime punishable with jail time for one year or less (with some exceptions). This includes: petty theft, simple assault, disturbing the peace, trespass, vandalism, reckless driving, DUI (first or second offense), and many others.
Just because you charged with a misdemeanor does not mean you should go to court without a lawyer. A misdemeanor conviction can have serous consequences for your life, now and in the future.
Do I Need An Attorney?
Even in small cases you may need a lawyer. Your case matters and you should get the best legal advice you can. Even a simple DUI can have a huge impact on your life; you need an attorney that cares about you and your future.
If you are debating whether or not to hire an attorney I would suggest you take the time to carefully consider a couple of things:
1. The Process
A criminal case is a winding, confusing process filled with red tape and potential pitfalls. Your case may involve motions, court orders, hearings, pleas, or even a jury trial. In order to navigate this process it is important to have a guide. An attorney will be able to explain what is happening, as well as take necessary action on your behalf.
Even if all you want to do is plead guilty, an attorney will help negotiate a punishment that is agreeable to both you and the state. Having an attorney in your corner can make all the difference in the severity of any punishment you receive.
2. The Consequences
If you are convicted of a misdemeanor, the penalties can have a substantial impact on your life. Direct penalties for a misdemeanor can include: jail time, probation, fines and court cost, certain license suspensions or revocations (drivers license, hunting license, etc.), alcohol/drug counseling, expensive rehabilitation classes, and more. Unfortunately, many of these penalties are time consuming and cost significant amounts of money. For example – if you are convicted of domestic battery, you may have to spend 52 weeks in a specialized court, that requires participation in counseling and treatment. All that costs money! A fine in a misdemeanor case can be $1000 or more. Small case? Not if you have a big fine, mandatory classes and the loss of a privilege (like a hunting license).
There are also many indirect penalties associated with a misdemeanor conviction. The conviction will be reported to a criminal database that is accessible to the public. This means that anyone who performs a background check on you, including potential employers, leasing agents, and school admissions administrators, will know about your conviction. This can have a significant impact on your present and future employment opportunities, educational opportunities, federal student loans, immigration status, standing in the community, and relationships with family and friends.
3. Going To Trial: It May Be Worth The Risk
Often in misdemeanor cases, the difference between the prosecutor’s settlement offer and the penalty a defendant would receive if convicted at trial is small. The only difference may be in the amount of a fine or the number of community service days. Because of this it may be worth the risk to take the case to trial.
While going to trial is just one of many avenues you can choose in a misdemeanor case, it may be the right choice for you. Many people are bullied into taking plea deals because they have an unrealistic expectation as to what penalties would be if they lost their case at trial. Prosecutors often scare people by reciting the maximum penalty available under the law. An attorney can use their experience with cases similar to yours to provide you with a realistic approximation of what the penalties would likely be if you were convicted at trial. This information will give you a better idea of what you would actually be risking if you went to trial. In the end, trial may be worth the risk.
4. It May Not Be As Expensive As You Think
The number one reason criminal defendants do not hire an attorney is their mistaken belief that they cannot afford one.
Defending a misdemeanor charge does not involve as many hearings, as much evidence, or, quite simply, as much time as defending a felony charge. This means that hiring an attorney could cost you considerably less in a misdemeanor case than it would in a felony case.
Don’t be afraid to call our office, discuss the case, and ask us how much it would cost for you to be represented by Peterson Lawyers. These are common conversations that we have every day. We will happily discuss potential costs of representation and explain how we came to that number.
“Have you ever been a defendant in a criminal case?” Jurors can’t seem to answer truthfully!
A couple weeks ago I tried a criminal case that alleged my client had unlawfully taken a trophy deer (by hunting with an unlicensed guide) and had aided a thirteen-year-old girl unlawfully take an elk by using his tag on an elk the State said she killed. The jury found my client NOT GUILTY on both counts, but what amazed