Top five rules to abide by if you have been accused of a crime.

Although I believe the system can be unfair, defendant’s do not do themselves any favors in ensuring themselves a fair shake. One thing is for sure, a defendant without guidance, whether guilty or innocent, can really make a mess of his case. And if you are a defendant accused of domestic violence, or any other crime, I hope this advise will keep you from digging yourself a deeper hole. Continue reading

I’m being investigated for criminal charges, should I speak to the police?

police interrogation

*Update:  I’ve done a video blog on this topic.  Watch it here.  http://craigatkinsonlaw.com/uncategorized/neverspeaktopolice/ *

For those of my clients who are prudent enough to hire a criminal defense attorney after they have been accused of a crime, but before they are formally charged with a crime, one of the first questions they have for me is, “should I speak to the detective?” Continue reading

What is a withheld judgment? If I am offered one, should I plead?

As a criminal defense lawyer, I often get asked questions about withheld judgments. Often my client’s primary concern is keeping his or her record clean. Having a criminal record can make it difficult to get a job, get financial aid for college, be accepted into some colleges, etc. The hope is that the case can be resolved in such a way that your record will allow you to have a full and successful future. Can a withheld judgment help you with that? Continue reading

Emmett Corrigan’s killer, Robert Hall, posts $1,000,000 bond.

Robert Hall Accused of Murdering Emmett CorriganAn interesting turn of events has occurred in the case where Emmett Corrigan, a criminal defense attorney in Boise Idaho, was murdered. Robert Hall, the man accused of shooting Emmett Corrigan in the head and chest, was released yesterday on a $1,000,000 bond. In order to be released on a $1,000,000 bond, you would have to post 10% of the bond to a bonding company. That would result in a $100,000 bond owed to the bondsman. Mr. Hall, who is currently being represented at state expense by the public defender, was released on a 1 million dollar bond? That was completely unexpected. Probably unexpected by the magistrate judge, the prosecutor, and the public defender as well. What will Mr. Hall do next? Is he going to face the music, or run? Continue reading

Idaho Senate Kills Bill That Would Allow Concealed Carry on State College Campuses.

Concealed Weapons Permits on College CampusI do not usually get into politics on my blog, but a recent bill was killed in the senate that I had a particular interest in, and a bill that is related to criminal law in Idaho.

The Idaho House of Representatives has passed House Bill 222 by a 41-28 vote. That bill went to a vote in the Idaho Senate’s State Affair’s Committee yesterday, and the bill was killed. A friend of mine, Jonathan Sawmiller, gave live testimony before the Committee. Near the end of his testimony he was interrupted by the Senate Majority Leader Bart Davis, from Idaho Falls.

The video of that exchange can be found Here, and Here. Continue reading

The Emmett Corrigan Fund at the Home Federal Bank

I have been told that a fund is being set up tomorrow at the Home Federal Bank entitled the “Emmett Corrigan Fund.” I’m sure the Corrigan family is in desperate times right now, and could use some help from all of us to lighten the load. Every little bit helps when a lot of people chip in.

Boise lost a good criminal defense lawyer this weekend. Emmett Corrigan. God be with his family.

Emmett Corrigan Dead

Emmett Corrigan, a Boise Idaho Criminal Defense Lawyer, was murdered this weekend.

Rumors are already swirling around what happened. I do not want to address those rumors on my website. I just want to send out my condolences to his family and friends who will be missing him.

I knew Emmett Corrigan. Emmett and I were both at similar points in our lives. We both were married and had children, both members of the LDS church, both had graduated with Bachelors Degrees in Philosophy, both graduated with a Juris Doctorate Degree, both had gone out on our own as owners of a law firm, and both practiced criminal defense law. We had been exchanging emails, and would speak to one another in Court while waiting to speak to prosecutors.

It saddens me deeply to hear that he has passed. His family is in our hearts and prayers.

When can a police officer search (i.e. frisk) me?

In my last blog post I addressed the issue of when a police officer can stop your car.  As part of my “when can a police officer (fill in the blank)” series, today I am addressing the issue of when a police officer can search your person, or as it’s more crudely referred to as, frisking.

Police Frisk (search) Man for Weapons

Frisking is a technique frequently used by the police of running his or her hands up and down the suspect’s outer clothing to detect weapons or other contraband. As can reasonably be expected, the guilty and the innocent are not comfortable with a stranger feeling up and down their body, to say the least. So when is a police officer lawfully justified in doing so? Continue reading

When can a police officer stop me in my car?

Boise Idaho Police StopAs a criminal defense lawyer in Boise, Idaho, I often get asked, when can a police officer stop me in my car? In a prior blog post I talked about when a police officer can search your car, but before an officer can search your car, it goes without saying that he has to stop you first. But can a police officer stop whomever he wants to stop? I know it may seem like that they can at times, but the answer is no, a police officer can not stop you for just any reason. Continue reading