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
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.
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. Continue reading
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