Request a lawyer.

The Sixth Amendment to the Constitution is the part of the Constitution which protects many of your rights when you go to trial. The Sixth Amendement guaranteess the right to a fair trial no matter what crime you are charged with.  The Sixth Amendment applies equally to a DUI charge.
You have a number of important rights guaranteed under the Sixth Amendment including: the right to be tried by an impartial jury, the right to be informed of the nature of the charges against you, the right to confront the witnesses against you, and IMPORTANTLYthe right to a lawyer.

A quick and easy way to assert your Sixth Amendement right is to ask for a lawyer.  Generally speaking, I always recommend when questioned by a police officer during a traffic stop, a DUI arrest or any other criminal charge, to ask for a laywer.  Remember, you have a right to be represented by a lawyer. If the police continue to question you otherwise, your statements are can be protected.  

Protect your rights, ask for a lawyer.

Medical Marijuana in Idaho?

Most states in the US have some form of medical marijuana.  Those states that allow you to have a prescription to posses marijuana will allow you to use medical marijuana if you follow the guidelines set up for each state.

Idaho on the other hand is one of the few states left that does NOT recognize medical marijuana.  What that means is that not only can you not qualify for medical marijuana use in Idaho, but if you are passing through Idaho with marijuana, your medical marijuana permit from another state will do little to help you.

As a criminal defense attorney in east idaho, I often see poeple traveling throught Idaho on their way to many different places including Yellowstone, Jackson and the like. It is important to remember when traveling through that you should leave your medical marijuana behind.  If you don't, you could be facing penalties and jail time.

Courts in Idaho Falls, Pocatello and the surrounding counties will often prosecute a medical marijuana charge just as they would a person without a medical marijuana permit.  If you find yourself in a situation where you forgot to remove your medical marijuana while driving through, it is important to take any charge seriously and address it like any other criminal charge.  Idaho is strict on marijuana and will attempt to enforce serious penalties, regardless of the amount, and regardless if its for medical use or not.

What about my car? Property damage in car accidents.

 I will get telephone calls from people who were involved in a car accident here in east idaho and their car was badly damaged.  Often the adjuster will tell them the car is a total loss.  Obviously, many people feel like the adjustor's settlement offer for the car is unfair.

If you have been in an accident and are trying to handle the property damage portion of your claim, be sure to follow these tips:
1) If you were injured in the car accident, contact an Idaho personal injury lawyer and discuss your case before signing insurance papers regarding the property damage. A personal injury lawyer can ensure your bodily injury claim is not limited by the papers you have been asked to sign.
2) The insurance company is obligated to put you in a rental car that is the same size as the car you were driving at the time of the accident. Do not let them put you in a small car that saves them money. If they don't, you can ask the insurance company to compensate you $20-$25 for every day you went without a car.
3) You do not have to accept the property damage adjustor's first settlement offer for you car. Most insurance companies determine the value of your car by finding comparable vehicles as close to your home as possible. They are not interested in the Kelly Blue Book value of your car. So be prepared for their settlement offer by finding a similar car, with similar features and milage on autotrader.com or your local classifieds. If the adjustor's offer is less than the comps you have found, send the adjustor a counter-offer with copies of your comps.
4) Be sure not to keep the rental car longer than permitted or you will be responsible for the additonal charges. The insurance company is only responsible for providing a rental car from the date of the accident until they make a "reasonable offer" for the replacement of your car. If the adjustor makes an offer and tells you to return the car, be sure to return the car, even if its before your settlement check has arrived.

What will a criminal attorney do?

Attorneys are human beings just like the rest.  Criminal lawyers are not miracle workers, but they will do the best they can for you. No matter what, a person faced with a criminal charge has certain facts, both good and bad in their case.  Some facts will be difficult.  For instance, if you ran from the cops, got out and tried to fight them, we are probably going to have a difficult case on our hands.

Many people expect their criminal lawyer to come in to their case, find some fatal flaw, expose some witness on the stand, and get a not guilty verdict. Most the time it does not work like this.  In fact, normally the person charged just wants to get a fair resolution and move on with their lives.  This happens because in real life people talk to the cops, people get caught red handed, people consent to the search of their vehicles and homes. While we have rights, cops know what those limits are.

What a good criminal lawyer will do for you is uncover every rock and investigate every nook and cranny to see if any issues are out there that will help your case. If that works, then that’s great. If it doesn’t, then they start working hard to get the best deal possible for you. Our job is to do our best for you, get you the best outcome, keep you out of jail, and allow you to lead a productive and fruitful life.

There are no guarantees in criminal defense. There is no guarantee the prosecutor assigned to your case will be open to discussing the case with you. There is no guarantee the officer that stopped you is going to make a mistake. And there is no guarantee that your attorney is going to be able to get your case dismissed. To think otherwise just isn’t smart.

If you ever need a criminal attorney, get someone that will work hard for you, that will interview the people that need to be interviewed, and will push the prosecutor to understand the weaknesses in your case. A good attorney will keep in mind that you want to get a quick resolution, but will focus on issues that will get you a good resolution, even if it means taking more time.  Sometimes a good resolution takes time, and investing that time is important. You get that, and you’re probably getting the best outcome possible.

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/

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.

http://www.eastidahoattorney.com/

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.

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/

Injured in a Car Accident? What should I Do?

Questions? Contact us at http://www.eastidahoattorney.com/


1. Exchange information with the other party. License, registration and insurance information. If you do not you can face criminal penalties for hit and run.
2. You may want to call the police. If the police show up it is good to explain what you remember from the accident. But, you aren't required to speak to a police officer. If you risk saying anything that could incriminate you it is wise to keep silent and "request and attorney".
3. If there are any witnesses, get their information and any statements.
4. Get any pictures. Take out your camera phone and take pictures if you need to for use later.
5. Inform your insurance company. Your insurance company has some duties to you and the sooner you inform them, the easier it will be for them to follow your claim
6. Be very careful with the other driver's insurance company. An insurance company has no reason to try to maximize your claim. Their goal is to help their insured and often they will try to pay as little as they can.
7. Get any necessary medical treatment and keep track of all treatments you have had.
8. It is best to talk to an attorney. Most attorneys for injury claims will meet you without a fee. Insurance companies are very skilled in finding ways to pay as little as possible. But importantly, it is better to get advice, even if an attorney isn't ultimately needed.

Idaho Falls, Pocatello, Traffic Ticket, Speeding? What about my license?

Depending on your insurance, it is possible one traffic ticket could cause your insurance rates to go up.  A driver with too many moving ticket violations, such as speeding, failure to signal, failure to obey traffic signal, or many other types of traffic infractions could lose their license in Idaho.  A traffic ticket in Idaho Falls, Pocatello, Blackfoot, Rigby, Rexburg or surrounding areas should not be ignored.  It is possible to get a traffic ticket dismissed or changed to a non-moving charge which would not have an affect on your license.

Questions? Email or call for a free consultation.  http://www.eastidahoattorney.com/

Pulled over for DUI, Should I request and attorney?

If at any point during a police encounter you feel you may say something that may incriminate you, you should request an attorney. In a normal DUI stop, a police officer will attempt to gather evidence against you. For instance, he will ask you whether you have been drinking, how much you have drank and so forth. If the officer has a reasonable belief you are driving under the influence, he will ask you to take a test to measure blood alcohol. Remember, an officer's job is to gather evidence against you in the case that he arrests you. Officers are trained at getting you to say things, some of which you might not even mean or may be based on misunderstaning. By politely requesting an attorney you ensure that you dont say something that may incriminate you and can help ensure your rights are properly protected.

Questions? Look us up.
www.eastidahoattorney.com