The two sweetest words that anyone charged with any criminal charge will ever hear from a prosecuting attorney are “Case Dismissed!” But what happens after the State dismisses the charges? Is it possible for the State to refile the dismissed charges? How can you ever sleep easy again not knowing whether you have to face […]
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.
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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’?
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 […]