The Idaho Court of Appeals overturned a gun conviction in a case handled by Atkinson Law Office. Atkinson Law Office had filed a motion to dismiss in the case, and the trial court sided with the prosecution and denied the motion. The issue went up on appeal.
What is ‘discovery’ in a criminal case?
Attorneys frequently use uncommon terminology, which leaves non-attorneys scratching their heads. The term “discovery” is one of those words that attorneys use all the time. It is as if the rest of the world is supposed to understand what they are talking about.
Misdemeanor Probation Violation: Seven Steps
1. Bad News from the Probation Officer: The first step of a misdemeanor probation violation case is the bad news from the probation officer. You will learn that something is coming down the pipeline when you go in for your monthly visit with your PO, and he looks unhappier than usual. The PO tells …
How Long After an Alleged Offense Can The State File Criminal Charges?
What is a Statute of Limitations? A Statute of Limitations is a law that limits how long the State has to file a criminal charge. The time period that the Statute runs is usually measured from the day of the commission of the alleged offense to the day criminal charges were filed. In the event …
How Long After an Alleged Offense Can The State File Criminal Charges?Read More
What is a Plea Deal, or a Plea Agreement?
In my last post I discussed the process for getting a criminal case dismissed. And as was discussed in the last blog post, the chances of a case being dismissed by the prosecutor are relatively slim. What the prosecutor is frequently willing to do though is work out a plea deal with the defendant …
Who Can Dismiss A Criminal Case?
Whether a defendant is guilty or innocent of a criminal charge, it goes without saying that every defendant wants the criminal charge dismissed. So how do you go about getting a criminal charge dismissed? Well the strategy for getting a criminal charge dismissed will vary depending on the type of case and the circumstances surrounding …
Never speak to the police!
I’ve graduated from just regular blogging to full blown video blogging! From time to time when I get a chance I’ll try to do more of these legal video blogs. Check in this week as I answer questions related to speaking to the police when you’ve been accused of a crime, a suspect in a …
Should I Plead Guilty or Not Guilty?
Pleading to a crime is not something that should be taken lightly. Your life, freedom and reputation are on the line. So should you plead ‘guilty’ or ‘not guilty’?
What Is A Rider? Idaho Criminal Sentencing Question
In Idaho when a criminal defendant is sentenced for a conviction of a felony charge, the judge traditionally has two options. Send the criminal defendant to prison by placing the defendant in the custody of the Idaho Department of Corrections, or place the defendant on a period of probation. If the defendant is successful during …
What Is A Rider? Idaho Criminal Sentencing QuestionRead More
Can I Plead No Contest in Idaho? What Is An Alford Plea?
Sometimes defendants want to plead guilty and take advantage of an offer by the prosecution, even though they honestly feel that they are not guilty. This usually happens in cases where the prosecution offers a particularly favorable plea settlement, and the defendant believes there is a strong likelihood of being convicted at a jury trial.
Can I Plead No Contest in Idaho? What Is An Alford Plea?Read More
What You Need to Know About Bailing Out of Jail in Idaho
Have you recently learned that an arrest warrant has been issued for your arrest in Idaho? Have you been investigated recently and know it’s only a matter of time before a warrant is issued? Usually when a criminal defendant is charged with a crime in Idaho, a warrant for the defendant’s arrest is issued. This …
What You Need to Know About Bailing Out of Jail in IdahoRead More
What is a Rule 35 Motion? Will it cut a sentence in half?
Last week I answered the question, what is a rule 11 agreement? Today I answer an even more elusive question, and that is what is a rule 35 motion? Idaho Criminal Rule 35 has reached almost mythical status among those in custody in the jails and prisons of Idaho. Each week I get at least …
What is a Rule 35 Motion? Will it cut a sentence in half?Read More
What is a Rule 11 Plea Agreement?
If you’ve spent anytime hanging around a courthouse in Idaho you will probably have heard the term “rule 11” thrown around. This raises the question for those with criminal charges, what is a rule 11?
Idaho’s Rape Law: Young Rapists Go Free?
In 2010 Idaho changed it’s Rape statute to decriminalize consensual sex between young lovers who are within 3 years of one another in age. So if a 19 year old boy has consensual sex with his 17 year old girlfriend, he cannot be charged with Rape. Prior to the change in the law, it would …
Florida’s ‘Stand Your Ground’ law. Does it allow killers to walk free?
There is a lot of controversy surrounding the case involving the shooting of Trayvon Martin by George Zimmerman. Much of the controversy surrounds the alleged racial profiling that is believed to have taken place in the case. I have little interest in that subject. I am however very interested in the discussion that has surfaced …
Florida’s ‘Stand Your Ground’ law. Does it allow killers to walk free?Read More
I’m guilty, why should I hire a criminal defense attorney?
So you messed up. You are guilty and know you messed up. So, why would you need a criminal defense attorney? You only hire a criminal defense attorney if you are trying to get the case dismissed, right? Wrong!
I’m guilty, why should I hire a criminal defense attorney?Read More
Should I take my criminal case to a jury trial?
When your reputation, character and freedom are on the line, nothing will occupy your mind more than the question of whether you should take your criminal case to a Jury Trial. In order to help guide you in your decision making, I’ve outlined some points that you should consider when making this decision.
Defending the Constitution in Idaho through Criminal Defense
Defending the Constitution in Idaho through Criminal Defense Thoughts from a Criminal Defender Welcome to my new blog! I’m excited to begin publishing my thoughts on criminal defense in Idaho to all my readers! I’ve tried starting a blog on a couple of different occasions, but the timing just never worked out. This time around …
Defending the Constitution in Idaho through Criminal DefenseRead More
Do juries get it wrong?
I am often surprised at how passionate people get about how wrong a jury verdict is when they know very little about the case. We often see great passion from the general public in verdicts like the infamous criminal trials like the O.J. Simpson trial. People will talk for hours about how wrong the jury …
Mother of missing Kansas City baby failed polygraph. Did she lie?
It appears from the headlines today that Deborah Bradley, the mother of the missing 10 month old girl that disappeared from her crib in Kansas City, has failed a polygraph that was administered by the Kansas City Police. For those of you who are unfamiliar with what a polygraph is, a polygraph is a test …
Mother of missing Kansas City baby failed polygraph. Did she lie?Read More