Do I have to show identification to a Police Officer in Idaho?

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A frequent question I am asked by friends, family, and clients is “Do I have to provide my driver’s license, or other identification, to a police officer if they ask me for it?”  In other words they want to know if they have a right to refuse to provide their driver’s license, or other identifying information, to the police officer.  The simple answer is you probably have to provide your identification to the police officer in most circumstances.  Read on for a more thorough answer. Continue reading

I Have an Idaho Arrest Warrant, but Live Out of State, What Can I Do?

 

A common dilemma I get called about frequently is what to do when an arrest warrant has issued for you in Idaho, but you do not live in Idaho.

This occurs under a couple different scenarios.  Some Defendant’s get placed on probation in Idaho, and receive a probation violation either before or after leaving Idaho.  A warrant issues for the Defendant’s arrest.  The other example is when someone obtains a new criminal charge and then leaves the State of Idaho after being charged and fails to appear for their next court date.  A warrant issues. Continue reading

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

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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 groceries.  We do not live in New York City, there is not an abundance of public transportation here.  So the first thing on someone’s mind when they have been charged with a DUI in Idaho is, what is going to happen to my driver’s license? Continue reading

My criminal case in Idaho was dismissed, but can the State still charge me?

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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 charges have been dismissed?  Is it possible for the State refile the dismissed charges?  How can you ever sleep easy again not knowing whether you have to face being charged with criminal charges all over? Continue reading

7 Steps of a Misdemeanor Probation Violation Case

 

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