A frequent question I am asked by friends, family, and clients is “Do I have to provide my driver’s license, or other identification, to a police officer if they ask me for it?” In other words they want to know if they have a right to refuse to provide their driver’s license, or other identifying information, to the police officer. The simple answer is you probably have to provide your identification to the police officer in most circumstances. Read on for a more thorough answer. Continue reading
Can you really be arrested for a DUI for driving after taking prescription medication? Everyone knows the risk of drinking alcohol and driving, but few realize the potential for being arrested for driving after taking legally prescribed medications. Probably 1/4 of the DUI cases that come into my office are prescription medication DUIs. Continue reading
A common dilemma I get called about frequently is what to do when an arrest warrant has issued for you in Idaho, but you do not live in Idaho.
This occurs under a couple different scenarios. Some Defendant’s get placed on probation in Idaho, and receive a probation violation either before or after leaving Idaho. A warrant issues for the Defendant’s arrest. The other example is when someone obtains a new criminal charge and then leaves the State of Idaho after being charged and fails to appear for their next court date. A warrant issues. Continue reading
One of the most immediate impacts on your life when you are charged with a DUI is the license suspension. Not being able to drive, especially in Idaho, would be crippling to anyone’s life. You cannot get to work, you cannot take your children to school, you cannot go to the doctor, you cannot get groceries. We do not live in New York City, there is not an abundance of public transportation here. So the first thing on someone’s mind when they have been charged with a DUI in Idaho is, what is going to happen to my driver’s license? Continue reading
The State has two ways of proving a DUI charge. The first and most common way is to prove that a defendant was driving a vehicle while his blood, breath or urine contained .08 alcohol or higher. The reason this is the most common way of proving a DUI is because it is the easiest. Continue reading
The two sweetest words that anyone charged with any criminal charge will ever hear from a prosecuting attorney are “Case Dismissed!” But what happens after the charges have been dismissed? Is it possible for the State refile the dismissed charges? How can you ever sleep easy again not knowing whether you have to face being charged with criminal charges all over? Continue reading
The Idaho Court of Appeals overturned a gun conviction in a case handled by Atkinson Law Office. Atkinson Law Office had filed a motion to dismiss in the case, and the trial court sided with the prosecution and denied the motion. The issue went up on appeal. Continue reading
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 as if the rest of the world is supposed to understand what they are talking about. Continue reading
1. Bad News from the Probation Officer:
Obviously the first step of a misdemeanor probation violation case is the bad news from the probation officer. You will usually learn that something is coming down the pipeline when you go in for your monthly visit with your probation officer and he or she looks unhappier than usual. You will probably be told that you failed a drug test, or alcohol test, or haven’t been keeping up on your fines or costs of supervision, or that you picked up a new criminal charge. Whatever the news may be, it is bad news. The probation officer will file an affidavit with the prosecutors office, and report to them that in the probation officer’s opinion you have failed at supervised probation. Continue reading
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