I thought it might be good to go through some of the basics in case you have been charged in a criminal case. First though, remember that a charge is just that. A claim. Something that someone says happened. The charge is not proof of anything and the presumption of innocence remains one of our most basic rights. The state
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Back in the Saddle – an overview after a year as the Federal Defender
A year ago I left private practice to become the Executive Director of the Federal Defender Services of Idaho (FDSI). I became the head of the office, hoping to manage, supervise employees and practice federal criminal defense.
I had been handling federal criminal cases as private counsel and as a member of the Criminal Justice Act Panel (CJA) since leaving…
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The Decision Maker – convincing 12 people of anything is nearly impossible!
A while back (what’s a couple months between friends) I wrote a post about inherent bias and prejudice, the premise of which was that it is difficult for the defendant to win any criminal case because jurors – the decision makers – start with a bias in favor of the prosecution. They prejudge the defendant because he is charged with…
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IACDL Members Bring Down the House – Kids At Endeavor Get Christmas!
Idaho Association of Criminal Defense Lawyers gave and gave and gave so that kiddos in Nampa could have Christmas! Here’s the video proof! Thanks for your incredible generosity and thanks to the administrators, staff and crazy great teachers at Endeavor! Merry Christmas!
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Start with Bias and Prejudice – your story must deal with these or you lose!
Impartiality is a myth. So the idea that you will start with an impartial jury or fact finder (maybe a Judge) misses the mark. We all have inherent bias and prejudice that colors our decision making. All of us.
Let’s start with a simple example involving cars. I have a bias (or preference) in favor of Westfalia vans and Porsche 911s. The two are polar opposites – sexy German sports car and utilitarian German fun wagon. If I had both in my garage I would be a happy camper. Over time I have had both but modern automobiles have taken my eyes away from each. So too the two grandkids I cart around daily.Continue Reading Start with Bias and Prejudice – your story must deal with these or you lose!
Stand Your Ground – when, where and who?
Among the changes to Idaho law taking effect on July 1, 2018, is an important clarification of when you can and cannot use deadly force to defend yourself, others or perhaps, your “habitation.” The newest version of Idaho Code 18-4009 lays out the places and people you have a right to defend with deadly force. Previously Idaho focused on one’s home as a place to protect with deadly force. The law now spells out your right to use deadly force – if necessary – to your place of work and your occupied vehicle.
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Federal Prisons Are A Terrible Place to Live and An Even Worse Place To Wait For Death!
I just finished reading a news story in the NY Times titled “Frail, Old and Dying, but Their Only Way Out of Prison Is In A Coffin.” It follows reporting by The Marshall Project on the same topic. The bottom line, accurately told by both is this: there are far too many old prisoners who are dying in…
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Quick Friday Post – United States Attorney General wants tougher sentencing.
Just on my way out the door and saw this one: Attorney General Sessions thinks we need tougher sentencing and has instructed DOJ attorneys to ask for more time for crime. Like we don’t have enough people in federal prison? And tougher sentences mean that folks with federal restitution and fines to pay won’t pay. Here’s my simple reasoning…
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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.
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Adnan Syed Gets A NEW TRIAL – News!
Remember the first year of Serial – the great podcast that highlighted the conviction of Adnan Syed? For murder? Millions listened weekly as the tale unfolded, leaving me wondering if Adnan was in fact guilty. More importantly – was he proved guilty beyond a reasonable doubt? You can read more about the case and the podcast here, here,…
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