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 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

Our Office is Relocating!

Atkinson Law Office is moving to 1087 W River Street, Suite #290. Our little office here at 623 W. Hays St. has grown too small for our needs so we are moving across town. We are excited about the new move and the new location. Our new office is located just across 9th Street from Julia Davis Park. The Boise River and Greenbelt run right behind our office. There will be plenty of parking, and our suite is easy to find. You just take the elevator to the second floor and our office is immediately on your left.

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 is not always the case though, sometimes the court will issue a summons, which means the court is ordering you to come to court on your own accord. Continue reading

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 one phone call from either an inmate, or a friend of family member of an inmate, asking about Idaho Criminal Rule 35. The myth about rule 35 that I hear most frequently is that filing a rule 35 will automatically cut a defendant’s sentence in half! Of course this is a fantasy, and no such rule exists that will cut your sentence in half.  Continue reading

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 be Rape, even if the 17 year old lied about her age. Continue reading

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 regarding the ‘Stand Your Ground’ law in Florida, and how the media, lawyers, political pundits, special interest groups, and the police are choosing to interpret Florida’s ‘Stand Your Ground’ law. Continue reading