How can the State charge me if there is no proof?

Can the State charge me without proof?

So someone has accused you of wrong doing, but has not presented any evidence, what now?  How can the State charge you with a crime when it is just one person’s word against yours?  Don’t they need evidence?  Isn’t what they say about me ‘hearsay’?

I get these questions a lot from clients and prospective clients.  These issues demonstrate a misunderstanding of what ‘evidence’ is.

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What happens to a witness (or victim) if they fail to appear for court?

witness fail to appear for subpoenaWhat will happen to a witness (or alleged victim) if the witness fails to show up for court?  It is most commonly a wife, or girlfriend, of a defendant in a domestic violence case that asks this question.  I suspect they are asking this because they hope that their absence from the court will result in a dismissal of the case. Continue reading

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

A Criminal Defense Attorney’s Observations of Unfair Tactics Used in Domestic Violence Prosecution.

For one reason or another, as a criminal defense attorney in Boise, Idaho, I cover more domestic violence cases than I do any other type of crime. Through this experience I have come to see patterns in the prosecution’s strategies. Some of these strategies apply to both misdemeanors and felonies, but these strategies are most prominent in the felony world where there is obviously more to lose. Continue reading