Idaho: Possession of a Controlled Substance - Prescription Drugs

Prescription medications are items we constantly come in contact with.  Something many don't realize is the significant criminal charges and penalties that can arise if we are caught in possession of many of these medications without a prescription.

As an example, I recently represented an individual who was driving a vehicle and was caught with his mother's hydrocodone prescription.  Under the law in Idaho, possession of Hydrocodone is a class II felony, which carries the threat of significant jail time and penalties.  This can be viewed by many as an extremely harsh penalty.  Fortunately in my client's case, we had strong facts to argue in his defense and were able to get a good resolution to his criminal charge.

It is always smart to be careful around prescription medications.  Some general advice regarding prescription medications:
     a) If the medication is not yours, do not keep it in your possession;
     b) If you are prescribed medication, make sure you have a valid prescription on you in case you need to show it to law enforcement.

The laws in Idaho regarding possession of prescription medication are harsh and difficult to navigate.  For some helpful reference on specific prescriptions, I have posted a link to the list of the Idaho drug schedules.  And remember, if you still have questions after reviewing the law, it never hurts to talk to an Idaho Attorney.

Schedule I
Schedule II
Schedule III
Schedule IV
Schedule V
Schedule VI

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Forced Blood Draw for DUI in Idaho

Recently in the United States Supreme Court case, Missouri v. McNeely, the Supreme Court addressed whether a police officer could force a blood draw in a driving under the influence arrest without a warrant. In McNeely, the defendant was speeding and swerving as he was driving his car when he was pulled over by the police officer. The arresting officer administered some field sobriety tests, which the defendant failed.  The Defendant was also unsteady on his feet and having slurred speech. The defendant was arrest for DUI and he refused to submit to a breath test.

There is little doubt that under these facts that a warrant for a blood test could have been obtained readily and quickly.  Instead of securing a warrant, the police officer handcuffed McNeely and drove him to a local hospital where blood was drawn.  The defendant refused to consent  to the blood test, but the police directed the lab technician to take the sample nonetheless.  The test results indicated a blood alcohol level about twice Missouri's legal limit.

The case eventually made it to the Supreme Court to address the issue of whether the dissipation of alcohol in the blood constituted "exigent circumstances" to allow a forced blood draw without a warrant.
The Supreme Court said no.

As for Idaho, while the law here hasn't changed, Idaho must follow the rulings of the supreme court regarding these privacy rights.  Thus, is Idaho, a police officer CANNOT force a blood draw without a warrant based only on the argument that the blood alcohol level is dissipating: As long as a warrant is available, he must secure one before a forced blood draw.

Feel free to contact an Idaho Lawyer with any other questions or concerns.

Hit and Run, Leaving The Scene Of An Accident

     In a recent court case, the Idaho Court of Appeals tackled the issue of whether a person could be guilty for leaving the scene of an accident if the accident involved only property damage to the driver's vehicle.  In this case, the defendant's car slid off the road and hit a sign, causing damage to his vehicle.  Two witnesses reported the accident and law enforcement cited the driver for failure to remain at the scene and report the accident.  The defendant challenged the citation, arguing that he was not required to remain at the scene since the accident did not involve another vehicle.

     The Court looked at the language of Idaho Code 49-1301 and found that the requirement to remain at the scene and provide the driver's information applied when the driver hit another vehicle that was attended by someone.  Since the defendant did not hit another "attended" vehicle, the defendant's duty to remain at the scene and report did not arise.

     While the defendant's conviction was overturned in that case, that's not to say a driver doesn't need to do anything after an accident.  In fact, the court noted in a footnote that Idaho Code 49-1304 requires a driver to "take reasonable steps to locate and notify the owner or person in charge of the property" if the accident involves damage to property.  So, while a driver isn't required to remain at the scene, he or she still needs to make reasonable efforts to notify the owner.

     As a criminal defense lawyer in Idaho Falls, I've seen honest, law-abiding people make mistakes in accidents, finding themselves with misdemeanor charges when they had no idea they did anything wrong.  If you find yourself charged with a criminal charge from a car accident, feel free to contact eastidahoattorney.com for any questions you may have.    

   

Marijuana Charges in Idaho Falls, Pocatello

The most common charges I see as a lawyer in Idaho Falls and Pocatello are Marijuana and Drug Paraphernalia charges arising from a traffic stop.  While these charges are the most common, Idaho will prosecute marijuana on many different levels.  Below is a summary of Marijuana laws in Idaho. Idaho is one of the few states that does not allow medical marijuana. It is also a crime to drive under the influence of marijuana in Idaho:

POSSESSION OF MARIJUANA

It is illegal to knowingly or intentionally possess marijuana in Idaho. (Id. Code Ann. § 37-2732(c).) Penalties vary according to the amount possessed.

• Up to three ounces. A violation is a misdemeanor, punishable with up to one year in jail, a fine of up to $1,000, or both. (Id. Code Ann. § 37-2732(c)(3).)
• More than three ounces. A violation is a felony, punishable with up to five years in prison, a fine of up to $10,000, or both. (Id. Code Ann. § 37-2732(e).)

Present on the premises. It is a misdemeanor to be present on any premises known to be used for marijuana cultivation, storage, distribution, or use. Penalties include up to 90 days in jail, a fine of up to $300, or both. (Id. Code Ann. § 37-2732(d).)

TRAFFICKING IN MARIJUANA

Cultivating marijuana plants, distributing (selling) marijuana, possessing marijuana with the intent to do these things, or bringing marijuana into Idaho from out of state, are all crimes known as “trafficking in marijuana”. Penalties vary according to the amount of marijuana possessed or brought into the state, or the number of plants grown.

• Between one and five pounds, or between 25 and 50 plants. A violation is a felony, punishable with a mandatory minimum of one year (and up to 15 years) in prison, and a fine of at least $5,000 (and up to $50,000). (Id. Code Ann. § 37-2732B(a)(1)(A).)
• Between five and 25 pounds, or between 50 and 100 plants. A violation is a felony, punishable with a mandatory minimum of three years (and up to 15 years) in prison, and a fine of  $10,000 to $50,000. (Id. Code Ann. § 37-2732B(a)(1)(B).)
• 25 or more pounds, or 100 or more plants. A violation is a felony, punishable with a mandatory minimum of five years (and up to 15 years) in prison, and a fine of  $15,000 to $50,000. (Id. Code Ann. § 37-2732B(a)(1)(C).)

Second convictions. A second conviction incurs double the mandatory minimum prison terms according to the amount possessed. However, for any conviction, the maximum prison term is 15 years, and the maximum fine is $50,000. (Id. Code Ann. § 37-2732B(a)(1)(D)&(a)(7).)

DRUG PARAPHERNALIA

It is illegal in Idaho to possess, use, sell, or advertise drug paraphernalia. Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation.

• Possession, use, or advertising. A violation is a misdemeanor, punishable with up to one year in jail, a fine of up to $1,000, or both. (Id. Code Ann. § 37-2734A.)
• Manufacture or distribution. A violation is a felony, punishable with up to nine years in prison, a fine of up to $30,000, or both. (Id. Code Ann. § 37-2734B.)

GETTING A LOCAL ATTORNEY

How your marijuana charge will be resolved depends on a number of factors.  As an attorney in Idaho Falls, I have had a lot of experience in Marijuana charges.  If you have any questions about your marijuana or drug charge, feel free to contact me for a consultation.
www.eastidahoattorney.com

Texting while driving/inattentive driving in Idaho

Texting while driving is a newer law put into affect in Idaho.  Idaho code 49-1401A which covers texsting while driving qualifies a wide aray of manual activities on a handheld electrical device, and you can be sure law enforcement will take a broad view in applying the law to you.

But while the language is broad, the statute allows an expection for using voice-operated or hands free device.  Another imptant thing to note is a texting while driving infraction does count for violation points against your driver's record.  So, while a texting while driving ticket may be frustrating, the affects may be minimal.

However, texting while driving in an accident constitutes good evidence of negligence in a car or vehicle accident.  While texting while driving does not give you points against your license, a person faces the risk of inattentive driving or even reckless driving charges should an accident occur.  These charges are misdemeanors and convictions for these charges WILL affect your driver's license. 

So, Idaho law is clear that texting while driving is not allowed.  While a texting while driving charge will not dramatically affect a person's record, should an accident occur, much more serious charges are possible.  If someone causes an accident in which you are injured, if they were texting while driving, it may help resolve your case.  Should texting while driving, inattentive driving, or reckless driving charges become an issue in your case, feel free to contact an Idaho Accident Lawyer.

Aaron Crary
Attorney at law

Minor in Possession/Consumption in Idaho

A minor in possession or consumption charge in Idaho carries with it consequences that can impact you significantly.  For a first time offense, you may be fined up to one thousand dollars.  A second time offense could lead up to a two thousand dollar fine and put you in jail for thirty days.  For a third time offense you could get sixty days in jail and up to a three thousand dollar fine.

Additionally, and without much logic, in Idaho a Minor in Possession conviction carries an automatic license suspension.  Curiously though, the law does not mandate a minimum license suspension period and the court has some discretion in deciding how long the suspension would be.

Also, the Judge could order that you obtain an alcohol evaluation.  The amount of treatment the court will order will depend on a number of factors including your history with alcohol or drugs and your prior criminal history. 

Instead of a conviction, courts will sometimes allow a person an alternative method to resolving their case.  To explore those options you may want to contact an Idaho Criminal Defense Lawyer before agreeing to resolve your case in court.

Aaron Crary

East Idaho Attorney 

Marijuana Charge in East Idaho.

It's not uncommon for someone to get pulled over in Pocatello, Idaho Falls, Rexburg, or another city in East Idaho and get their vehicle searched for marijuana.  While the legality of the search would be the subject of another post, many people are curious what they can expect with a possession of marijuana charge.  As a lawyer in Idaho Falls, Idaho, this is a typical charge I see.  Police officers in East Idaho catch a fair number of their marijuana arrests during traffic stops, and the prosecutors are very familiar with the law in prosecuting these claims.

The fact that marijuana arrests are common does not mean East Idaho takes a pot charge lightly.  While the on-going mentality in other parts of the country, Colorado and Washington as good examples, is to lessen the punishments for these offenses, Idaho is quite the contrary.

First, how your case will be dealt with will depend on what county is prosecuting your case.  For instance, while I hate to say it, a judge in Rexburg could quite possibly have a different opinion than a judge in Pocatello.  For that reason you should know the prosecutor and judge you will be in front of.

Second, Idaho courts may very well order jail even on a first offense.  While someone traveling out of state might think there is no risk to pleading guilty, the truth is quite the opposite.  I don't suggest pleading guilty and leaving your case up to the judge.  If the judge orders jail and you failed to address important factors that may keep you out, you have likely lost your chance.

The moral of the story is, no matter who you are or what state you come from, Idaho takes possession of marijuana and possession of drug paraphernalia charges very seriously.  If you find yourself in this difficult situation, you should at a minimum talk to an attorney to find out what your options are.

(208) 478-3459
Aaron Crary
Attorney at Law
Idaho Falls, Pocatello