Driving under the influence doesn’t just mean operating a motor vehicle after drinking alcohol. Very few people are fully aware of the potential risk for driving after taking drugs legally prescribed by a doctor.
I get asked all the time what happens to a case when the alleged victim or witness doesn’t show up for court. The result won’t necessarily be a dismissal, as you’d suspect, and new charges and consequences could follow for the witness and/or defendant if any influence or intimidation was present.
If you have been suspected of a DUI, you have the right to refuse to blow into the breathalyzer, but the state can proceed with a charge regardless, and the consequences of the refusal can come at a lofty price.
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.
If the world was perfect, every defendant who was wrongfully charged would have his case dismissed. A recent news article reporting Republican Mark Patterson plea of guilt, back in 1974, sparked my interest on the matter of innocent men pleading guilty.
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.
When you have been charged with a DUI, one of the most significant life altering consequences is your license suspension.
The most common way that a police officer has to prove a defendant is under the influence of .08 alcohol is to do a breathalyzer test. Is it a wise idea to refuse to blow?
how likely or under what circumstances can a case that has been dismissed be refiled again by the prosecution.
The Idaho Court of Appeals overturned a gun conviction in a case handled by Atkinson Law Office. Atkinson Law Office had filed a motion to dismiss in the case, and the trial court sided with the prosecution and denied the motion. The issue went up on appeal.
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.