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. Continue reading
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 as if the rest of the world is supposed to understand what they are talking about. Continue reading
1. Bad News from the Probation Officer:
Obviously the first step of a misdemeanor probation violation case is the bad news from the probation officer. You will usually learn that something is coming down the pipeline when you go in for your monthly visit with your probation officer and he or she looks unhappier than usual. You will probably be told that you failed a drug test, or alcohol test, or haven’t been keeping up on your fines or costs of supervision, or that you picked up a new criminal charge. Whatever the news may be, it is bad news. The probation officer will file an affidavit with the prosecutors office, and report to them that in the probation officer’s opinion you have failed at supervised probation. Continue reading
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 that the State fails to charge the crime within the time given by the Statute of Limitations, the State will be forced to dismiss the case. Continue reading
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 and the defendant’s criminal defense attorney. For those of you not familiar with what a plea deal is, read on. Continue reading
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 the case. But the process of getting the case dismissed can be done in one of three ways. Continue reading
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 crime, or even a person of interest in a crime. Spoiler alert. . . my answer is, you really should never speak to the police if you are being accused of a crime, especially without a lawyer present. Watch the video though because I go through all the reasons why you should never speak to the police, and how it could really hurt someone’s case who has been accused of a crime.
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’? Continue reading
One question I am often asked, but I am reluctant to answer is, what will happen to a witness (or alleged victim) if the witness fails to show up for court? I am most frequently asked this question by a witness who is the wife or girlfriend of a defendant in a domestic battery or domestic assault case. I suspect they are asking this because they hope that their absence from court will result in a dismissal of the defendant’s case. Continue reading
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 the period of probation he can avoid the prison sentence. The courts in Idaho have developed a third sentencing option when sentencing felonies, and that option is sentencing them to a “Rider.” Continue reading