Attorneys frequently use uncommon terminology, which leaves non-attorneys scratching their heads. The term “discovery” is one of those words that attorneys use all the time. It is as if the rest of the world is supposed to understand what they are talking about.
1. Bad News from the Probation Officer: The first step of a misdemeanor probation violation case is the bad news from the probation officer. You will learn that something is coming down the pipeline when you go in for your monthly visit with your PO, and he looks unhappier than usual. The PO tells […]
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 […]
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 […]
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 […]
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’?
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 […]
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.
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 […]
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 […]