Charged with a crime, what do I do?

Idaho Falls, Pocatello and the rest of East Idaho, while conservative, follow similar approaches to the court system as anywhere else.  If you are charged with a crime in any of these areas, the first thing to note is you have an arraignment date.  This is the court date at which you plead not guilty. (I wouldn't recommend pleading guilty unless you have talked to an attorney first).  The nice thing in Eastern Idaho, specifically Idaho Falls and Pocatello, is the courts will allow an attorney to file a notice of appearance for you which will re-schedule your court date.  This makes it so you don't have to show up at the arraignment and you will automatically plead not guilty. 

After you plead not guilty you will be set for a pre-trial date.  If you have an attorney this is where negotiation will take place with the State regarding the strengths and weaknesses of the case.  If you do not have an attorney, you can discuss with the prosecutor yourself.  Depending on how discussions go, you can plan a plea deal, continue for more discovery, or set the case for trial.

While this doesn't fully exhaust everything that happens, hopefully this gives you a good idea on where the process will go.  Being charged with a crime is stressful and not fun. Having an idea of what will happen should make the process a little smoother.

When can a police officer stop your car?

As a criminal defense lawyer in Idaho Falls and Pocatello, people will ask me when can a police officer stop my car? The truth is while it may not take much, a police officer can not stop you for just any reason.
The general rule is that if a police officer must have at least a reasonable articulable suspicion that criminal activity is afoot. This rule is derived from a United States Supreme Court case, Terry v. Ohio. Consequently, this type of stop has come to be known as a Terry Stop.

A police officer is not allowed to rely solely on an unjutified suspicion. The United States Supreme Court has said exactly that; a law enforcement officer cannot rely solely on a gut feeling, or mere suspicion. A police officer is not allowed to do what you and I do every day. In order to be justified in stopping a vehicle, and detaining the person in that vehicle, he must have a reasonable and articulable suspicion.

A common example of this is weaving within a lane. Many times officers use this as a basis for stopping a vehicle. However, there are many times where the weaving within a lane is not significant enough to amount to a reasonable articulable suspicion that the driver was drunk or inattentive. Slight deviations within a lane are to be expected, and so the weaving would have to be substantial enough to amount to reasonable articulable suspicion that the person was drunk or was inattentive in his driving, since the activity of weaving itself is not illegal. Sometimes the specific facts are not instances of illegal conduct themselves, however they may lead an officer to infer that criminal activity has occurred, or is about to occur.

If an officer stops you and it is found he does not have an atriculable suspicion to do so, evidence from his stop will be supressed in court. The only time this will come up is if you have been charged with some wrongdoing and have evidence that needs to be suppressed. If you have questions about a situation you have been in, feel free to give us a call. http://www.eastidahoattorney.com/

Injured at work? Someone else's fault?

Often times while working on the clock, someone is injured by another party.  This situation can arise in an automobile accident, construction accident, product liability accident, premises accident, or medical malpratice claim for instance.  In these situations, while you may be eligible for worker's compensation benefits, you may be entitled to even more compensation if the third party is liable for your accident or injuries.  Claims in these circumstances can be confusing. 

Deciding who is responsible for paying what is always a big concern.  Furthermore, worker's compensation can claim subrogation rights to and file liens on any third party recovery.  Under Idaho law these employer's rights can be affected by the employers own liability.  While this article may not provide many answers if you have been invovled in this type of situation, hopefully it will give you an idea of what you may need to think about and an understanding that you do have rights.  In later articles I will address specific concerns in more detail. In the meantime, feel free to contact for a free consultation to discuss any of these issues.

Police patrols in Idaho Falls, Pocatello, Island Park and Driggs.

Just a wish for everyone to have happy holidays.  It's important to keep in mind that during the holidays and ski seasons, cops and police officers put extra patrols out to try and ensure everone stays safe.  With difficult weather on the way, there is a higher risk for car accidents, injuries and a higher chance of being stopped by the police.  While it is a good thing to have police on the road, it also puts everyone at more risk for traffic tickets, injuries, and possible criminal charges.  Remember to stay safe.

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Provider Fraud and Medicaid Fraud in Idaho.

We just finished a Provider Fraud Case in Bannock County, Pocatello last week.  Had a social worker who worked for a private company.  She submitted false progress notes to her employer who paid her and then sent the form to medicaid to get reimbursed.  State wanted to say she defrauded medicaid by "knowingly, with intent to defraud...presented" a claim to medicaid for payment.  We argued she could have been charged for a crime by sumbitting a false claim to her employer, but it was not possible for her to defraud medicaid as she did not, could not and did not ask medicaid to pay her anything.
After three days of trial, the jury, after two hours of deliberation agreed she could not have committed Medicaid fraud and acquited.

Ticket, Criminal Charge around Idaho Falls. Counties and Cities in East Idaho

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A traffic ticket or criminal charge around Idaho Falls can occur in many other counties and require defense in many other cities.  Idaho Falls is the largest city in East Idaho which is in Bonneville County.  The following counties are in the 7th district of Idaho which are close to Idaho Falls.
Bingham County-Blackfoot, Jefferson County-Rigby, Madison County-Rexburg, Teton County-Driggs, Fremont County-St. Anthony.
If you need help in any of these counties with a traffic ticket, criminal charge, or an accident or injury, give us a call for a free consultation.

Expunge or vacate a conviction in Idaho.

People will often call and want to know if they can get there conviction expunged or vacated.  An expungement or dismissal of a covniction in Idaho is controlled by Idaho Code § 19-2604.
Our state's expungement law allows a judge to expung a criminal record after the successful completion of probation.  The statute applies to three types of convictions – (1) sentences that have been imposed but suspended, (2) sentences that have been withheld, and (3) sentences where a judge has retained jurisdiction over a defendant who has completed a “rider.” 

A defendant must at all times have complied with the terms and conditions of probation.  If so, a judge may terminate the sentence or set aside the plea of guilty or conviction of the defendant and finally dismiss the case and discharge the defendant.  In the case of a sentence where a rider has been given without a withheld judgment, a judge may amend the judgment to misdemeanor conviction. 

For purposes of this statute, complying with that language means that a defendant must strictly abide by all the terms and conditions agreed upon when placed on probation.  What happens if your probation officer or the state files charges against you for allegedly violating your probation and then dismisses those charges because you’ve cleaned up your act and have become a model probationer?  You are likely not entitled to that conviction being expunged. The Idaho Supreme Court addressed this idea of strict compliance in State v. Thompson when it stated “The phrase ‘at all times’ means just that.  A defendant who has at any time filed to do what he or she was required to do while on probation in a particular case has not at all times complied with the terms and conditions of his or her probation.”  

The second key phrase to keep in mind if you want a complete dismissal of your conviction is “may.”  A judge MAY dismiss your conviction if he or she finds that (1) you’ve at all times abided by the terms and conditions of your probation and (2) it is compatible with the public interest.  Expunging your record will most likely make it easier for you to obtain employment and once again become a productive member of society.  Have you complied completely with your probation?  That’s the question.  

If you want to see if your record can be expunged give us a call.  http://www.eastidahoattorney.com/