Many people think that an alleged victim of a crime can “drop the charges.” However, the prosecutor is the party that files and dismisses charges.
Merely the accusation of a sex offense can carry quite the stigma. Frankly, few things are scarier thank being accused. Law enforcement play on this fear in their strategies to try and catch anyone they suspect of guilt.
After you have been charged with a felony, your first two court appearances are, first, an arraignment and, second, a preliminary hearing.
After you have been charged with a crime, your first initial appearance in court is called an arraignment. Several pressing matters are conducted during this initial appearance.
How can the police charge you of a crime when the person who accused you has no evidence of any wrongdoing.
Not knowing what to expect is potentially one of the scariest things about the court process. After being charged with a crime, there are several steps I hope to guild you through to hopefully alleviate some of those fears so you can make the best decisions for your case.
When interrogating, the police department may lie to you so you can’t trust any evidence they present. Don’t talk to the police without the consent of an attorney.
A recent news article brought to light all the rape kits that were un tested in Idaho, and were outraged at the lack of support this seemed to show sexual assault victims.
Even though a police office must have a lawful reason to stop you, “lawful reason” has been interpreted very broadly, allowing law enforcement officers to stop for pretty much any reason they want.
What I find most interesting in the Ferguson case.
Misunderstanding of how the system works and naive beliefs that the government is benevolent lead people to trust at their own peril.
Thanks to Hollywood, we know that Law enforcement must clearly inform a person in custody their rights before interrogation or arrest. The movies makes us believe that we know what this looks like when in fact we are not fully aware of what is required or why.
A common mistake I hear is the difference between a criminal charge and an infraction. What are the implications and consequences of either. Read more to find out.
Unlike the rights we have lost regarding unreasonable searches in our automobiles, the status of our rights regarding searches in our homes have not been so decimated.
If a law enforcement officer asks for identification, in most circumstances, you should probably provide them your drivers license.
Watch my Vlog about the need to hire an attorney.
What happens when an arrest warrant is issued from a different state in which you currently reside. How is this even possible and what can be done about it.
how likely or under what circumstances can a case that has been dismissed be refiled again by the prosecution.
Discovery is a frequently used word in law, but leaves non attorneys wondering what they are talking about. Discovery is gathered in the pretrial phase.
A probation violation is first requestioned by your probation officer to the prosecutor who then files a motion with the judge who will likely issues a warrant for your arrest.
The state has no choice but to withdrawal from a case if it fails to charge the crime within the statute of limitations.
A plea agreement can most often be arranged with the prosecutor for a “lessor” charge and consequences rather than either side taking the chance of a loss at trial.
The strategy to go about trying to get a case dismissed will depend heavily on the type and circumstances of the case. The process can be done in three different ways.
Watch this video regarding how I feel about speaking to the police when you have been accused of a crime and how speaking to the police can effect the case.
During your initial arraignment, the court will ask you to enter your plea of guilt for the record. A common misconception is that this will weigh heavily on your sentencing as a factor of taking responsibility.
Traditionally there have been only two options when sentencing a defendant convicted of a felony charge. Prison or probation. A third option has been developed and that is placing them on a Rider.
Wether you are innocent or guilty, the consequences of a guilty conviction can be a gamble a defendant is not willing to risk. In a no contest plea, the defendant agrees to serve a sentence without contesting the states charges. Although Idaho doesn’t allow no contest pleas, they do allow a plea called Alford peas.
When a warrant has been issued by a judge for your arrest, he will either place a bond on the warrant or he will hold you without bail until your court appearance.
Idaho Criminal Rule 35 is a statue that many defendants, and family and friends of defendants, have been misinformed about. It is a motion that requests the reducing of sentences handed down by the judge.
Plea agreements and guilty agreements have rules and procedures in criminal cases. In Idaho, this is referred to as Rule 11.
Wether you are guilty or not, there are many things to consider when you have been accused of a crime. Having an advocate on your side to help advise you moving forward is crucial.
When making the decision to take your case to trial, there are many things to consider. It has been a long and scary process to get to this point and your reputation, freedom, and character have already been in question. Is it worth the risks?
Hopefully asking for an attorney is your first though when approached by a detective in a criminal case, so that one can advise you whether or not to speak to the police.
The consequences of having a conviction of a crime on your record can make it difficult to get a job or even apply for school. A withheld judgment may seem like a great solution to keep your record clean, but does it really?
As part of my “when can a police officer ___” series, today I tackle the issue of frisking. When is it appropriate for a law enforcement officer to search your body for weapons or contraband?
When a police office wants to stop your vehicle they need to have probable cause that a crime has been committed.
For those of you who read my “When can an Idaho police officer (fill in the blank)” blog post, you will recall that I made a list of questions about what it is exactly that the police can do. One of those questions was “When can a police officer search my car?” For those of …
The first installment of my “when can the police … fill in the blank” series.