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

Defending the Constitution in Idaho through Criminal Defense

Defending the Constitution in Idaho through Criminal Defense

Thoughts from a Criminal Defender

Boise CapitolWelcome to my  new blog!  I’m excited to begin publishing my thoughts on criminal defense in Idaho to all my readers! I’ve tried starting a blog on a couple of different occasions, but the timing just never worked out. This time around I have thought long and hard about how I want to approach the task. I’ve decided that the best way to present my material to my readers is through a question and answer format. Continue reading

Do juries get it wrong?

I am often surprised at how passionate people get about how wrong a jury verdict is when they know very little about the case. We often see great passion from the general public in verdicts like the infamous criminal trials like the O.J. Simpson trial. People will talk for hours about how wrong the jury verdict was, but ultimately tell you very little about the details of the case.

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Mother of missing Kansas City baby failed polygraph. Did she lie?

 

It appears from the headlines today that Deborah Bradley, the mother of the missing 10 month old girl that disappeared from her crib in Kansas City, has failed a polygraph that was administered by the Kansas City Police.

For those of you who are unfamiliar with what a polygraph is, a polygraph is a test given to an individual while asking them a series of questions. During the test the physiological reactions to the asked questions are measured, and a “trained professional” determines by the results whether the individual is being truthful or not. Typically the examiner will be able to conclude whether the individual is being deceptive, truthful, or the test will be inconclusive. In other words, a polygraph is what is known as a “lie detector test.” Continue reading