Blog

Can you get a DUI in Idaho on an electric scooter? Probably not.

Judges think about many things when setting bond. You and your attorney need to talk about them before your bond is set.

Subject Matter Jurisdiction vs. Personal Jurisdiction  Generally speaking, there are two "jurisdictional" hurdles that must be satisfied in every lawsuit.  First, does the court have subject matter jurisdiction to hear the case?  Second, does the court have personal jurisdiction over the parties...

     You or your spouse has filed for divorce and each of you are seeking primary custody of the child/children.  You believe it is in the best interests of the children that you be awarded primary custody.  Whether or not you were the children's primary caregiver early in their lives (or more re...

An "arraignment" is a hearing during which the defendant is informed of the charges against him or her, the maximum possible penalties (prison and fine) and, oftentimes is asked to enter a plea or "stand silent" whereby the Judge will enter a plea of not guilty. 

You've been divorced or separated for some time.  Fortunately, you received primary residential custody of your child/children and you were allowed to move with your kids to another part of Idaho, or perhaps you moved to Idaho from another state where the original custody order was entered.  ...

I am continuously amazed (and disheartened) at the number of people who voluntarily sit down with law enforcement for the purposes of "clearing their name" or "clearing things up" and wind up incriminating themselves. The landmark case of Miranda v. Arizona was decided in 1966...that's more than ...

Whenever someone charged with a felony hires me, one of the first questions I get to answer is: "What is a Preliminary Hearing?" To answer this question, a little background information is necessary.  There are two ways in Idaho, a felony criminal case can start one of two ways: by the filing of...

When I am contacted by potential clients, one of the first questions that is asked is: What is the court process? It's a question I'm happy to answer because,  unless my criminal defense clients understand the process, it will be difficult and uncomfortable for them when I'm in court with them gu...

Over the last few years, I've accepted representation in an increasing number of residential construction defect cases, on behalf of both homeowners and contractors.  In most cases however, it is the homeowner who comes to me with complaints about their general contractor's performance and workma...

Non-compete agreements are now commonplace in all types of employment and they are not going anywhere.

If you’ve read this far, ask yourself: How do you feel about the promises I have made, in writing, to my DUI clients? Do they make you more or less comfortable with the critical selection of an attorney to guide you though the administrative license suspension and court processes? The choice is yours. The choice is yours: If you have been charged with DUI, I’d ask that you at least contact me so we can discuss your case. It would be an honor to guide you through the frightening and unfamiliar process that is a DUI charge in Idaho.

So, Will My Case Go To Trial Or Settle? As I said at the outset…the decision of whether to plead guilty or exercise your constitutional right to a trial by a jury of your peers is yours and yours alone. In order be in the best position to decide whether to make the government “prove it” or to plead guilty, you have to have an attorney with a reputation for knowing their stuff, for trying cases, and for being ready to challenge the government’s case at every stage of the process – from getting all relevant documents (discovery), to making sure the government is fulfilling its constitutional obligation to provide exculpatory (favorable) material to the defense, to really negotiating on your behalf to get the best offer possible, and to effectively trying the matter. The Sixth Amendment Right to a Jury Trial is a sacred right, enshrined in the United States Constitution. Article 1, § 7 of the Idaho Constitution has a similar jury-trial guarantee. Make sure you hire a lawyer who takes these constitutional rights seriously! If you’re charged with a misdemeanor or a felony in Idaho, in either state or federal court, it would be my honor to speak with you to determine whether I can help.

The CRT is made up of criminal defense attorneys who “are able to provide the best defense” possible during critical incidents. Such critical incidents occur when a USCCA member is involved in a self-defense incident. The CRT provides legal consultation, and possible representation, on short notice, and during non-business hours. In other words, the CRT ensures that, during one of what is sure to be one of the most stressful events in a USCCA member’s life, a knowledgable, caring, and compassionate attorney is available to help the member navigate unfamiliar legal waters.

In my work guiding people accused of DUI in Idaho through the legal process, I am often asked about whether the legal basis for a traffic stop was proper. A traffic stop is a “seizure” for the purposes of the 4th Amendment, so police need probable cause of a law violation prior to stopping you. I...

My work sometimes has me reviewing trial transcripts. In jury selection, it is critical the defense attorney ferret out those jurors who cannot be “impartial” as that term is defined by the Sixth Amendment to the United States Constitution. In Morgan v. Illinois, 504 U.S. 719 (1992), the United ...

We're proud to announce that we have been selected to participate in the National Education Association Attorney Referral Program. This means Brad and John will be working some of the most important professionals in our communities – teachers – guiding them through their legal issues. Members of ...

There had been some question involving who had standing to contest the search of a rental car. For example, in State v. Mann, the Idaho Supreme Court held in 2017 that an “unauthorized” driver of a rental car did not have a reasonable expectation of privacy to contest the search of a rental car. ...

As someone who does DUI defense regularly, consider this your PSA for the 4th of July Holiday: PLEASE DO NOT DRINK AND DRIVE. Although it may be good for my business, it isn't safe and the potential fatal ramifications are enormous. According to an esurance blog post by Ellen Hall, between the y...

n a recent Idaho Supreme Court opinion, State v. Fuller, the Court further clarified the law of the fog line in Idaho. You know a fog line is that line on the right side of the right-hand lane of travel. You might think one wheel traveling all the way over the fog line would be enough to justify ...

In Idaho, if you have been charged with DUI, there are two (2) parallel proceedings which occur simultaneously. The “administrative license suspension” process is handled by the Idaho Transportation Department. The “criminal DUI charge” is the court process. Administrative License Suspension Pro...