Arrested and Not Read My Rights!

…The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present […]

Rep. Mark Patterson. Innocent men never plead guilty?

So do innocent people plead guilty?  I’ve read comments from the public, one theme is repeated over and over, “innocent people do not plead guilty”.  But is that true?  Is it really true that every innocent person takes his case all the way through trial if the case is not dismissed by the prosecuting attorney? […]

When can the police come into my home?

For those who follow my blog, you may get the sense that I am less than enthusiastic about the status of our rights in the United States today.  Many of the laws and principles that secured our rights in the past have been eroded away by exceptions to laws that are designed to protect those […]

What happens to my driver’s license after a DUI?

One of the most immediate impacts on your life when you are charged with a DUI is the license suspension.  Not being able to drive, especially in Idaho, would be crippling to anyone’s life.  You cannot get to work, you cannot take your children to school, you cannot go to the doctor, you cannot get […]

Should I refuse to blow into a DUI breathalyzer?

The State has two ways of proving a DUI charge.  The first and most common way is to prove that a defendant was driving a vehicle while his blood, breath or urine contained .08 alcohol or higher.  The reason this is the most common way of proving a DUI is that it is the easiest. […]