Saturday, December 31, 2011

Boise Bankruptcy Lawyers (208) 472-2383 - Chapter 13 Banrkuptcy

Chapter 13 Bankruptcy

Our Boise Bankrutcy Lawyers regularly field calls about individual Chapter 7 Bankruptcy.  This is probably the area of bankruptcy most recognized by the general public.  However, you have undoubtedly seen the title Chapter 13 as a type of debt relief action.

So what is Chapter 13 Bankruptcy?  As always, the "Chapter" referred to in Bankruptcy Law has to do with the location of the Code Section in the Federal Bankruptcy Law.  Chapter 13 is a form of individual bankruptcy (not for businesses or legal entities such as corporations).  Whereas Chapter 7 allows an individual to discharge their debt, Chapter 13 essentially allows an individual to create a new payment plan.  If, for example, you have a secured loan on a boat or your home and you are behind on these payments, instead of loosing the property and discharging the debt Chapter 13 bankruptcy allows you to cure any default, reamortize and set up a new payment plan.

Why would an individual choose Chapter 13 Bankruptcy over Chapter 7?  To qualify for Chapter 7 you must meet an income test.  If you have income that exceeds the income threshold (basically you have money left over and that can be imputed to you after considering your income exemptions and after paying your monthly bills) you will not qualify for Chapter 7.  Chapter 13 lets individuals struggling with debt, despite having adequate income, to get back on their feet by creating a payment plan that works for them.

If you are considering Bankruptcy and need a Boise Bankruptcy Attorney who can help you get out of debt quick, give us a call (208) 472-2383, and see what we can do for you.

Monday, December 26, 2011

Possession of Marijuana - Boise Criminal Lawyers (208) 472-2382

Are There Exemptions to the Crime of Possession of Marijuana In Idaho?

In 2007 a Boise man, Cary White, was arrested for possession of marijuana. With the aid of a public defender as his criminal attorney, he plead not guilty, took his case to trial, lost and subsequently appealed his case.  He recently lost his appeal but vows to take his case to the Idaho Supreme Court.

Upon what grounds did he contest the illegality his marijuana possession?  It wasn't upon the recently popularized medical marijuana grounds, rather it was upon the grounds of free exercise of religion. The First Amendment of the United States Constitution, the Idaho Constitution and the Idaho Free Exercise of Religion Act (FERPA), Idaho Code section 72-401, and the Religious Freedom Restoration Act (the federal counterpart to the Idaho FERPA) protect individual rights to practice religion without unreasonable or justifiable interference.

How would a Boise Criminal Lawyer go about showing that practice of religion was unreasonable or unjustifiably impeded?  The Idaho Court has held that it is the burden of the defendant to show that Idaho's controlled substance statute substantially burdens his or her exercise of religion.  The defendant must show, firstly, that it is an actual "exercise of religion" that is being burdened.  Secondly, the criminal defendant must show the burden is a "substantial burden".

In the case of Cary White, he did not claim to be a member of any recognized religious community.  There are recognized religious organizations whose use of marijuana or other ordinarily illicit drugs are recognized as "sacramental" use and therefore protected.  For example, the use of marijuana or peyote as a sacramental drug by members of the Rastafarian Movement, members of the Church of Cognitive Therapy or members of Native American Medicine is considered a free exercise of religion.  White's criminal defense attorney didn't claim he was a member of any organized religion, rather he supported exercise of his freedoms including choosing not to belong to a religious organization.  In effect, White's criminal lawyer failed to meet the first requirement of the Restoration of Religious Freedom Act and in failing to do so, he failed to meet his prima facia case.  As a result, his argument was not considered beyond that.

Could White have made an argument that would exempt his marijuana from being illegal?  Yes, but for his argument to have been fully considered he would have actually been a member or a recognized religious community which uses marijuana as a religious sacrament.  In addition, he would have to show that criminalizing his use of that marijuana would substantially burden his practice of religion.  Without that, there is no violation of his civil rights, at least according to the law as it now stands.

Framing the issue for an Idaho Court is critical to the success of your case.  This is what it means to be an aggressive Boise Criminal Lawyer.  Cary White's criminal defense attorney failed to frame the issue in a way that would benefit White and afford him the protections he needed to be found not guilty of possession of marijuana.  If you have been arrested for possession of marijuana and need an aggressive Boise Criminal Attorney who can defend your rights, give us a call and see what we can do for you. Call today, (208) 472-2383, you will be glad you did.

Friday, December 16, 2011

Boise Divorce Attorney - (208) 472-2383 - Boise Family Law Lawyers

Idaho Child Support Issues

As a Boise Divorce Attorney I often get calls concerning child support. There are many issues surrounding child support. They can revolve around  a divorce or a custody proceeding or any other variety of scenarios. A frequent situation that I am involved in as a family law lawyer is in regard to Medicaid or other state assistance.  Where child support monies go when a person receives State assistance is always an issue or a concern for the person receiving child support or paying it.

When a parent is receiving state funds or insurance through TAFI, or aid to needy families, there are certain rules that apply to child support. If you are receiving aid you are required to assign your right to child support payments to the state. Any monies you are owed pursuant to a divorce, custody or paternity order must be paid to the state in exchange for the support they are providing you in relation to TAFI.

This is an important point because as a Boise Divorce Attorney I often hear disparaging comments from people insinuating that a party is receiving child support from them and Medicaid or food stamps or the like. This simply is not the case.  That would be double dipping and you can bet the State of Idaho will not allow that.

If you have a child support issue and would like to speak to a Boise Family Law Attorney, please give us a call at (208) 472-2383 and see what we can do for you.

Monday, December 12, 2011

Common Law Marriage in Idaho - (208) 472-2383 - Boise Divorce Attorneys

Common Law Marriage in Idaho

As a Boise Divorce Attorney I work frequently within the world of the Idaho Family Law Statute. Idaho Code Chapter 32 deals with Domestic Relations. It covers everything from marriage, illegal marriage, divorce and the grounds for divorce to the parent child relationship in terms of custody and visitation as well as community property.

The Family Law Statute has changed over time. One specific example of this change has to do with common law marriage. At one point in Idaho history, the state recognized common law marriage. As of January 1, 1996 Idaho no longer does. If you were common law married before that date, meaning you put yourself out as a married couple a court would still consider you married and you can file for divorce in Idaho and have your property and debt which were acquired during marriage be treated as community property.

What does it mean to put yourself out there as being married? A Boise Divorce Lawyer would present evidence to the court that showed you treated your relationship as one of a marriage, not just co-habitation. Examples of evidence an attorney might use to prove this might be filing joint tax returns, being claimed as a spouse on health insurance, purchasing a home together or telling people that you were married. However, having children together and co-habitating do not necessarily reach the level of evidence needed to prove marriage.

Why would your divorce lawyer want to prove that you were married? That family law statute that I mentioned above provides protection for married couples called community property. If you were living together, but were not married and one party worked and the other stayed home and the one that worked used their money to pay for the house and to pay for the car and all the other goodies, if they ever split up the person who paid for everything would get it all. Now that may be fine for the person who worked but the person who stayed home and took care of the house and the kids would get nothing.

Community property recognizes that it is a community effort to build the community and therefore it rewards each individual equally in terms of value.

If there were children to the common law marriage how custody and visitation would be determined for those children would be the same whether it was ultimately decided that a common law marriage did or did not exist. The parties would be ordered to mediation and if they could not agree on a custody arrangement both divorce lawyers would present evidence to show why their client is the party best suited to be the custodial parent or why it would be in the best interest of the child to have primary physical custody with one parent or the other. Ultimately, using requirements outlined in that family law statutes I spoke about above, an Idaho judge would determine what is in the best interest of the child.

Ultimately, if you are married and are going through divorce in Idaho or you are going through divorce in Idaho and have children or simply have children together in Idaho and are splitting up, you too will enter the world of the family law statute.

If you need to speak to a Boise Divorce Attorney or a Custody Lawyer, please give us a call at (208) 472-2383 and see what we can do for you.

Thursday, December 1, 2011

Boise Criminal Attorneys - Criminal Defense Lawyers (208) 472-2383

Criminal Law:  Procedural Law v. Substantive Law
What is the difference and does it matter?

Undoubtedly, you have heard the statement "it was a travesty of justice!"  These are stories of people, who were clearly guilty of a crime, but who got off scot-free.  These stories are not urban myths.  These are true stories which illustrate the impact of criminal procedural and the importance of having a criminal defense attorney who knows criminal procedure.  Everyone charged with committing a crime would love to get off on a technicality and it is because of procedural law that this is even a possibility.

The substantive law tells you what acts constitute a crime and what the punishment for that particular crime is.  For example, you would find driving under the influence or DUI in the Idaho Code.  Here it would tell you that if you have a blood alcohol level of .08 or greater and you operate a motor vehicle or are in actual physical control of a vehicle you will be charged with a DUI and it will go on to tell you what the punishment is for a first time DUI, a second time DUI, a third time DUI, an excessive DUI and so on. 

Procedural law, however, tells you what is a violation of your constitutional rights.  It tells the police when they can pull you over, when they can search you, what evidence they can take, which witnesses can be investigated and the like.  Procedural law includes your Miranda rights; "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you".

When procedural law is violated, you can exclude the evidence obtained by the violation and by excluding it you may, in effect, remove that evidence leaving the prosecuting attorney with no evidence to convict you.  That's what it means to get off on a technicality.

Does it ever happen?  You bet it does.  It happens everyday.  If the police pull you over because you are driving a 1970's Duster and they think that you look like a criminal and they later discover evidence of drugs in your car, that evidence can be excluded on the basis that there was no probable cause to pull you over in the first place.  If the police have pulled you over because they suspect you have been drinking and they search your car without your permission or a warrant and they find counterfeit money in you glove box, that evidence can be excluded on the basis of an illegal search.

There are many scenarios like these.  Whether they are a travesty of justice, however, is a matter of opinion.  What kind of country would it be if someone was convicted of a crime and evidence was secured, but in the process their constitutional rights are violated? 

If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give us a call at (208) 472-2383 and see what we can do for you.

Tuesday, November 15, 2011

Boise Divorce Attorney (208) 472-2383 Family Law Lawyers, Domestic Relation

For an experienced Idaho Divorce attorney, located in Boise call (208) 472-2383, divorce, criminal law, DUI, bankruptcy, personal injury, probate, estate planning and business law.

Can you be your own lawyer?  This is a common question people ask me everyday.  The answer depends upon many factors, many having nothing to do with intelligence!  Seriously, though, can you be your own lawyer?  Many people represent themselves in Idaho courts everyday.  This, however, doesn't mean they are successful.  While it is true that no one knows your case better than you do, it is also true that you might not no or understand rules of evidence.  You may not know how or where to file court documents or in a timely manner.  You may end up making matters worse for yourself.

I am a Divorce Attorney, a criminal lawyer, a bankruptcy lawyer and so on.  It is what I do day in and day out.  Am I a plumber?  No I am not.  While I can read books on plumbing and even try my hand at it, I often have to redo the project several times and I often make matters worse.  Likewise, I am not an electrician, but I can read books on how to wire my house.  The problem is, I don't really understand electricity and how to wire and because I don't I will end up getting shocked.

If you need to get a divorce or file for bankruptcy or have a criminal matter pending against you - don't get shocked. It really makes sense to get an attorney who is experienced and knows the rules of evidence, knows the deadlines and knows the law.  It will cost you some money but in the long run you may end up saving money by having it done right the first time.

If you would like to speak to an attorney, please call (208) 472-2383.  You will be glad you did.

Tuesday, November 8, 2011

Effect of Divorce on Bankruptcy in Idaho - Boise Divorce Attorneys - Idaho Bankruptcy Lawyers

What effect does Bankruptcy have on divorce?  As both a Boise Divorce Attorney and an Idaho Bankruptcy Lawyer, I hear this question frequently.  Although there is a fairly simple answer, it is actually a two part question.  First, what happens if you are seeking divorce and have filed or want to file for divorce? 

If you have been in serious financial straights during your marriage filing for bankruptcy might be a sensible solution.  During a marriage your debts are generally community debts with an obligation of the community to pay them.  For a Chapter 7 bankruptcy, if you wait to finalize your divorce (as far as debts are concerned) and file for bankruptcy together, you may be able to discharge a large portion of your debt, thereby making the debt division simpler and less financially straining.  You can also wait until after the divorce to file for bankruptcy but then you will incur a double bankruptcy fee as well as one party or the other may not meet the means test and therefore not be allowed to file for Chapter 7 bankruptcy (the means test takes into account your family size to determine income limits for Chapter 7).

The second question is what happens if neither party files for bankruptcy until after the divorce?  Once you are divorced the community debt that has been assigned to you becomes your separate debt and each individual is obligated to pay that debt and is solely responsible for it.  So, if your ex-spouse files for bankruptcy you don't have to worry about a dischargeable debt becoming your responsibility.  Where bankruptcy after divorce has important issues is for spousal support, or alimony and child support.  Ordinarily a debt is given priority in bankruptcy if it is recorded and once recorded it's priority is based upon "first in time, first in right".  The Bankruptcy Abuse Prevention and Consumer Protection Act of  2005, however, gives priority for unpaid spousal support and child support over all other creditors, even tax debt.  This prevents using bankruptcy from a way of getting out of paying alimony or child support. 

If you have divorce or bankruptcy issues and need to speak to a Boise Divorce Attorney or an Idaho Bankruptcy Lawyer, please give us a call at 208-472-2383 and see what we can do for you.

Monday, October 31, 2011

To Blow or Not To Blow - That is the Question - Boise Criminal Lawyers - DUI and Brathalyzer Considerations

As a Boise Criminal Lawyer I repeatedly hear from clients who have been charged with a DUI that they didn't blow (on the breathalyzer) because they thought without a breathalyzer reading the police wouldn't be able to prove they were intoxicated.

Unfortunately, this is not the case.  While it is true that you cannot be charged with a DUI without the proper evidence to prove you were intoxicated, people don't often realize that the police can acquire that proof via a blood test.  This isn't forced or without consent because when you get your Idaho driver's license you agree to allow the police to check for the presence of alcohol or drugs in your blood if you are suspected of driving under the influence.

So, to blow or not to blow?  What's at stake?  If you know you have been drinking and you know you probably have more than .08% BAC, it often makes more sense to go ahead and blow.  While refusing may buy you time, until you get to the police station and have your blood drawn, you stand to get an automatic one year license suspension if your BAC comes back greater than a .08%.  Compare this with the actual first time DUI maximum license suspension of 180 days (with the first 30 days being absolute).

So, does it ever make sense not to blow?  This is a risky gamble because you don't know exactly what your BAC is.  If at the time you were pulled over your BAC was just barely over .08 not blowing might mean the difference between reckless or inattentive driving and a DUI.   Or, if your BAC is just barely over a .2 (excessive DUI), waiting and allowing your BAC to go down while you are waiting for a blood draw, might mean the difference between an excessive DUI and a regular DUI.

Because you will not know your actual BAC and because you stand to lose so much, it probably makes more sense to blow.  Not blowing can lead to even greater and more serious consequences than taking your punches upfront.  Being without a driver's license for 1 year can seriously impede your life.

If you have found yourself in this situation and you need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you.  (208) 472-2383

Friday, October 21, 2011

Boise Idaho Bankruptcy Attorneys - Chapter 7 Lawyers

Chapter 7 Bankruptcy

As Boise Bankruptcy Attorneys, we often get calls form people wondering what all the Chapters of Bankruptcy are and what chapter they might qualify for.  There are many forms of bankruptcy ranging from simple to complex.  Basic bankruptcy is often refered to Chapter 7.  Federal law has codified the various chapters of bankruptcy and the code section refering to "discharge" is Chapter 7.  There are other forms as well, such as business bankruptcy, often called reorganization, farm bankruptcy and Chapter 13 or repayment bankruptcy.

To qualify for Chapter 7 bankruptcy you first must meet a means test.  This looks at your income and determines whether or not you can repay your debts.  If your income falls below the codified level for the number of people in your family you can proceed with Chapter 7.  If your income exceeds the codified level you do not qualify and your only recourse is Chapter 13.

Once it has been determined that you qualify for Chapter 7, you must make an accounting of all your property.  Certain property is exempt, or at least partially exempt.  For example, you have what is known as a homestead exemption which exempts $100,000 of value from your home.  The exempt property is protected from collection by your creditors. 

Most debts are dischargeable including medical bills and credit card bills.  Some debts however, such as student loans, are not dischargeable.  Once you have made an accounting of your debts you will go before the bankruptcy trustee for a debtors examination.  The trustee will question you about your debts and determine if you have given them a complete list of your debts.  The trustee is paid a minimal statutory fee for the examination.  If, however, they are able to uncover debts which you have omitted, they receive a percentage of the value of the revealed debt.  This gives them incentive to look long and hard at what you have reported.  You can also be penalized for omitting debts.  The bankruptcy judge can deny your petition for bankruptcy so it is in your best interest to be thorough in your accounting.

Chapter 7 bankrutpcy is known as a discharge because once you have gone through the steps all your non-exempt debts are absolved.  Basically, a Chapter 7 bankruptcy means that after you qualify for your various exemptions, your income and available property are not enough to cover your debts.

Chapter 7 has a significant impact upon your credit for many years, but if you have found yourself deep in debt and you have no where to turn, a bankruptcy may be what you need to start getting your financial future back on track.  It offers you a clean slate from which you can begin to build your credit again.

If you have found yourself in this situation and you need to talk to a Boise Bankrutpcy Attorney, give us a call, (208) 472-2383 and see what can do for you.

Tuesday, October 18, 2011

Boise Family Law Lawyers - Guardianships


Practicing family law in Idaho entails more than providing legal services for divorce, custody and modification.  One area of family law which deserves attention is guardianships.

Why would a guardianship be necessary and who might need or want one?  A guardianship may be created for a child or for a person who is unable to tend to their affairs on their own.  A guardian may be appointed for a child when their parent is unable to act in the capacity of their parent.  A guardian may be appointed for an adult who has become incapacitated and is unable to make important financial, legal and day to day decisions.

For a child, a guardian may be appointed when the day to day care of the child by the parent has been interrupted.  Thinking about today's economy, it is becoming more common for a child to be placed in the care of their grandparents while the parents move to a different state to find employment.  A guardianship does not have to be created in this situation, however, doing so enables the grandparents to easily take care of legal, educational, medical and day to day needs of the child.  A guardianship can also be created for a child when a parent fails to take proper care of a child.  The guardian is appointed to ensure the child's needs are taken care of.  The guardian can be a grandparent but it can also be an unrelated party.

Can a guardianship be terminated?  Yes it can.  It can end on its own when a child reaches the age of majority or if the child dies.  A guardianship can be terminated by a court if a judge determines it is no longer necessary or the purpose for which it was created (such as to manage a financial account).

For an adult, a guardianship is often created when a person is incapacited because of something like an accident or an illness which renders the individual incapable of taking care of their affairs.  A guardianship can also be created for a mentally handicapped person who is unable to tend to their own affairs.  These types of guardianships can also be terminated.  If the incapacity ceases to exists, a judge can determine that the guardianship is no longer necessary.

Being appointed a guardian carries with it very important duties.  For example, the guardian of the child must provide for the child in a fashion that a parent would provide for a child.  They have an obligation to feed and clothe the child and tend to his or her education.  Likewise, for an adult, a guardian has a duty to care for the person's fianancial, medical and day to day affairs in a responsible manner and to exercise the care approriate for the situation.

If you have a family law issue and need to speak to a Boise Family Law Attorney, please call us at (208) 472-2383 and see what we can do for you.

Tuesday, October 11, 2011

Boise Business Attorneys - Small Business Lawyers - Non-Compete Clauses in Idaho

Are non-compete clauses allowed in Idaho and can you get around them?  This is a common questions I am asked as a Boise Business Attorney.

Non-compete clauses are generally an agreement entered into at the termination of employment or business venture.  The parties generally agree that in exchange for a termination of a contract or business venture, a money settlement or other benefit will be given to the employee or leaving partner.  In exchange for the benefit, the leaving party agrees to a contract term limiting where they can conduct the same kind of business, how long they must refrain from conducting the same kind of business and where they can or cannot conduct the same kind of business.

Non-compete clauses are generally enforceable so long as they are not over-limiting resulting in the inability of  the party bound by the agreement from making a living.  Idaho law takes into account three separate terms of non-compete clauses to determine if it is valid or over reaching. These are the scope of work, the duration of the non-compete and the geographic scope.  Until recently, Idaho was fairly consistent about nullifying a non-compete clause in its entirety if any one of the three items was too limiting.  So, for example, if your non-compete clause stated that you could not work or do business in the same line of business for 3 years, throughout the U.S., Canada and Mexico, you could have the entire non-compete invalidated because the geographic scope was too excessive and even though the other two terms were reasonable.  Recently, however, Idaho has begun to consider only striking the violating term and upholding the remainder of the non-compete.  So, what this means is an Idaho court might say it is reasonable to have a 3 year non-compete for the same line of business.  It then might say if the original business is only conducted in the northwest, the leaving party can conduct that type of business outside of the northwest.

If you need the help of a Boise Business Attorney, please give us a call at (208) 472-2383 and see what we can do for you.

Wednesday, October 5, 2011

Boise Idaho Divorce Attorneys - Family Law Lawyers - Vexatious Modification

What can you do when you have gone through a divorce and custody trial and now your ex-spouse regularly brings modification proceedings against you?  As a Boise Divorce Attorney I see this happen now and then.  In general, a custody decree can be modified when there has been a substantial and material change of circumstance.  This means that you would not have known about it at the time of the original proceeding or a prior modification.  A substantial and material change means that your circumstances have changed to a degree that it makes sense to modify the original decree.  For example, if you were originally given primary physical custody of your child with supervised visitation for the other parent because the other parent was unemployed, perhaps engaging in unhealthy or unsafe behavior and not "stable" enough to provide a physical residence for the child, if that party has gotten their act together and can prove that to the court, the court may very well modify the decree to allow unsupervised visitation.

When does modification become vexatious?  To vex someone is to annoy or harass them.  Modification becomes vexatious when it is brought without sufficient grounds.  As a Boise Divorce Attorney I see this occasionally and it is usually done by a party representing themselves without the help of a divorce lawyer.  In part it is done because they don't know that it is not allowed in Idaho.  It is often also partly done with the intent to harass or annoy the other party.

What can you do if you are the victim of vexatious modification?  The Idaho Code allows sanctions against the other party in the form of attorneys fees.  If an Idaho court finds that one party or the other is bringing modification actions without merit and those have risen to the degree of vexatious, it will order the other party's attorneys fees to be paid by the offending party.  Not all judges, but some Idaho judges will go to the degree of disallowing the party against whom sanctions have been imposed from even coming back to court to hear a valid modification argument, if they have failed to pay those sanctions.

If you are seeking a divorce or a modification of a custody decree and need to speak to a Boise Divorce Attorney, give us a call, (208) 472-2383 and see what we can do for you.

Thursday, September 29, 2011

Boise Idaho DUI Lawyers - Criminal Defense Attorneys (208) 472-2383

What is a DUI?  Many people think that the crime of driving under the influence refers only to drunk driving.  DUI in Idaho used to be called a DWI or driving while intoxicated.  This denotation was changed to encompass what the law really covered.  DUI is driving under the influence of alcohol, drugs or other intoxicating substance.

To legally operate a motor vehicle in Idaho, there can be no more than .08% alcohol in your blood stream (BAC).  Depending upon your size this generally translates into 1-2 drinks over a one hour period.  There is no legal limit of drugs or other intoxicating substances in your system.  What this means, for example, is if you have smoked marijuana and you are pulled over on suspicion of a DUI, you will be found to have been driving under the influence if your blood tests positive for marijuana, regardless of when or how much you smoked.  In regard to other intoxicating substances, such as cough syrup or prescription drugs, there is also no legal limit.  This is not to say that you cannot operate a motor vehicle with these in your blood stream, but if there is a quantity in your blood stream such that your ability to operate a motor vehicle is impaired, then you can be charged with a DUI.  The police would apply the same field sobriety test they use in a drunk driving stop to determine the extent of your impairment.

Of course, with all DUI stops the police must have probable cause to pull you over in the first place.  This probable cause can range from failing to signal, failing to turn your lights on or weaving.  With the first two the police may simply be doing a routine traffic stop for a moving violation, but if at that time you appear drunk, stoned or otherwise impaired, they can request that you submit to a field sobriety test.

If your BAC is below .08% or if the amount of prescription or over the counter drugs in your system do not rise to the level of "intoxication", you can still be charged with reckless driving if you exhibited poor driving and that was the reason for the original traffic stop.

If you have been charged with a DUI or reckless driving and need to speak to a Boise Criminal Defense Attorney, please give us a call and see what we can do for you.  Call now, (208) 472-2383.

Boise Idaho DUI Lawyers - Criminal Defense Attorneys - Criminal Law

Monday, September 26, 2011

Boise Bankruptcy Attorneys - Chapter 7, Chapter 11, Chapter 13 - (208) 472-2383

Bankruptcy is a specialized area of legal practice.  Unlike a divorce, DUI or other criminal case, a bankruptcy is handled in Federal Court rather than State Court.  If you were to get a divorce in Boise you would file in the Fourth Judicial District for Ada County.  For bankruptcy, you would file in Federal Bankruptcy Court.  Likewise, for a divorce, DUI or criminal matter in Ada County you would have a county Magistrate Judge hear and decide your case.  A bankruptcy is heard and confirmed by a United States Federal District Bankruptcy Judge.

It's not just location that makes bankruptcy a specialized area.  It has its own code of procedure and rules.  If you have an attorney who doesn't know these rules you can end up not getting your bankruptcy confirmed.  Like in all areas of law, in bankruptcy there are peculiarities that you don't know if you don't practice in that area.

Another difference about bankruptcy is it tends to be administrative.  It is rare that an individual filing for bankruptcy will actually ever go before the bankruptcy judge.  There is a debtor's examination meeting that occurs prior to the confirmation but that is run by the bankruptcy trustee, not the judge.  This is known as a 341 meeting.  341 refers to the Code section which requires that this administrative step be taken.

There are several different types of bankruptcy which an individual or a business might claim.  The most common is Chapter 7, Chapter 11 and Chapter 13.  Chapter 7 is the liquidation of debts.  Here there are income requirements that you have to meet in order to qualify.  There is also Chapter 13 which is an individual debt adjustment.  This does not discharge your debts, rather it allows you to repay them over a period of years.  Chapter 11 is reorganization and is used by businesses to repay their debts.

If you have found yourself in a situation where you are contemplating bankruptcy, give us a call and see what we can do for you.  Call today (208) 472-2383

Tuesday, September 20, 2011

Boise Idaho Personal Injury Lawyers - Workers Comp Attorneys

What's the difference between a personal injury and a workers comp claim? 

This is a common question.  Most every employer in the state of Idaho is required to carry workers comp insurance.  If you are hurt on the job, the workers comp laws of Idaho ensure that there is coverage for you.  Personal injury, on the other hand, occurs when you are injured by someone other than your employer.  In a personal injury law suit you file a civil claim against the party who has injured you.  They may or may not have insurance that will cover your damages.

When you are injured on the job it is critical that your report your injury immediately to both the Idaho Industrial Commission and your employer.  If you do not report your injury within 60 days you can lose all your benefits.  Another difference between personal injury and workers comp is who covers the bills associated with your injury.  In a personal injury you are personally responsible for paying your medical bills and then trying to collect the cost from the party who injured you.  With workers comp, your bills are sent directly to and covered by (all reasonable and necessary bills) the insurance carrier.

Another difference between personal injury and workers comp is coverage of lost wages.  If you are injured in an accident not related to work and you file all the appropriate paperwork, you will be entitled to time-loss benefits which is compensation for lost wages if you are off the job for more than five days.  You also may qualify for temporary total disability benefits if you doctor confirms that you cannot work.  These benefits last until you have recovered to the maximum degree of recovery and are released by your doctor to work again.  If you are not completely temporarily disabled, you may qualify for temporary partial disability benefits.  In a personal injury law suit, if you miss work and are temporarily or permanently disabled, you won't collect any payment until you have settled with the insurance company or received and collected on a judgement against the party that injured you.

Death benefits are also provided by workers comp.  In general, your spouse will receive 500 weeks of death benefits.  This can change, however, if your spouse remarries.  In addition, your children, up to 3 total, will receive benefits until they turn 18.  Again, with personal injury, there is no guaranteed coverage for death benefits.  Any money you receive to compensate your loved ones will only come from a settlement with the insurance company or a judgment when you win the personal injury law suit.

So if workers comp sounds so good, why would you ever need a workers comp attorney?  You may ultimately decide what the Idaho Industrial Commission determines is reasonable and necessary or a full benefit does not actually meet your expectations, your out of pocket expenses or is commiserate with your injuries.  For workers comp cases in Idaho you are not allowed to file suit in civil court, like you would with a personal injury case.  For workers comp you have to file an appeal and have a formal hearing.  Prior to going to the formal hearing you may also want to go through mediation.  Mediation is non-binding upon you so if you still don't feel like you are getting what you deserve you can request a formal hearing.  Workers comp attorneys assist you in these matters.  They present your case before the formal hearing board or negotiate with the Industrial Commission lawyers during mediation. If mediation doesn't work for you The Idaho Industrial Commission  lawyers and your workers comp attorney or attorneys will have a binding legal hearing to determine what your benefits should be.

There is one situation where your injury may be taken to a civil court.  If you are injured at work but a third party is involved, in addition to filing for benefits under the workers comp laws of Idaho for the amount of the injury caused by your employer, you can sue the third party for the injury or the amount of the injury they caused.

If you have been injured on the job and need to speak to a Boise Workers Comp Attorney, please give us a call, (208) 472-2383.  We offer a free consultation.  Give us a call and see what we can do for you.

Friday, September 16, 2011

Boise Idaho Probate Attorneys - Estate Planning Lawyers - Elder Law - (208) 472-2383

Have you been left out of your parent's will?  Did your parent fail to mention you in or bequeath you anything in their will? Are you out of luck or is there a chance you may get your intestate share of your deceased parent's property?  Do you get nothing or do you get your "rightful" share?

Our office deals with a wide range of Estate Planning and Probate issues.  Perhaps the most heartbreaking story I hear as a probate attorney is when an heir has been left out of a will.  This can happen in a couple of different ways.  Often it is the case that a parent has either been married before or had a child out of wedlock.  Later they marry and start a new family.  They make their last will and testament and make no mention of the child of the previous relationship.  Another scenario is you and your parent have a falling out and you are written out of the will.  Sometimes I even see that very dramatic clause that if you contest the will you loose everything and collect only $1.

In Idaho there is a chance that in both of these situations you may actually take what is known as your intestate share of the property.  Intestate refers to a probate situation where there is no will.  A descendant's property must be divided somehow so every state, including Idaho, has a set of probate laws which determine how the property will be divided.  In the above two situations, when you have been left out of a will and the court decides you deserve your fair share, they need a way to determine what you ultimately get.  This is your intestate share.

So how can these situations be challenged? Let's take the second scenario first; you have a falling out with your parent.  People often think that it's the parent's property so they can do with it what they please.  And this is absolutely true.  The challenge comes in when there is undue influence or lack of testamentary capacity.  If you can show that somehow your parent was influenced in a way that forced or influenced them illegally to leave you out or that they did not have the mental capacity necessary to write a will, the will becomes invalid and you as a child of the descendant may take an intestate share of the property.

The first scenario falls under something called a pretermitted heir. This is a fancy way of saying a left out heir.  This is a little bit more tricky.  The Idaho Probate Code contains a pretermitted heir statute which says, in effect, that if a parent leaves a child out of their will solely because they think they are dead then they are a pretermitted heir and are entitled to their intestate share of the property.  A child left out for any other reason gets nothing.  That's what the code says.  Case law, however, which is controlling at this point on the subject, says that unless the testator uses very specific language to show their intent to leave the child out (such as I have a child, Jane Doe, and I give her nothing), Idaho will presume that the child was left out unintentionally and therefore the child will take their intestate share.

Many people panic when they have been left out of a will, but as a Boise Probate Attorney, I can tell you this doesn't necessarily mean you get nothing.  If you have been written out of your parent's will or been completely left out of their will, it is possible that we might be able to get you your intestate share of the estate.  Please give us a call, (208) 472-2383 to see what we can do for you.

Tuesday, September 13, 2011

Boise Idaho Divoce Lawyers - Family Law Attorneys - (208) 472-2383

Divorce can get ugly.  As a Boise Divorce Attorney I have seen some really unsavory divorce and custody actions.  It is my job as a divorce lawyer to try to help you to go through the process without high conflict.  This isn't always possible.  It depends to a great deal upon the individuals, the degree of animus and the level of maturity of the parties.  However, as many Boise Divorce Attorneys will attest, there are a few things that you, as an individual, can do to help your divorce go smoothly.

One of the biggest areas of conflict in divorce and custody actions has to do with a new partner, spouse or significant other.  Keeping your divorce issues and your custody issues between you, your soon-to-be ex partner and your lawyers is far better than including your new boyfriend or girlfriend in the mix.

Being timely for visitation drop off and pick up and being courteous about potential conflicts are other important elements in divorce.  Often conflict begins here.  The parties, because they are at odds, begin to use their children to get back at the other party.  If someone is late for visitation drop off, the other party might use that against them or to claim they are not fit to be a parent.  Divorce is very hard on children and no child deserves to be put in the middle of a custody dispute.

Being up front and honest with your soon-to-be ex and with the attorneys is also critical to the process and the outcome of a divorce.  Incomes for child support calculations, use of community savings and care of community property are areas where people will often try to hide or fudge or somehow use to deceive the other party.  You are obliged by law to be honest about your income and to care for the goods of the community.  Lying about your income to decrease your child support obligation or destroying community property out of spite are sure ways to create a high conflict divorce.  Just a note about child support.  People often don't want to divulge their full incomes because they don't want the other party to get their money.  Child support is just what it says it is.  It is to support your child.

There is no guarantee that your divorce will go smoothly but using common sense and civility will go a long way in helping your divorce go quickly and with a low level of conflict.  There are of course certain issues which may result in conflict.  Your attorney knows how to manage these and it is far better to discuss these with your divorce lawyer rather than directly with the other party.

If you are seeking a divorce or custody and need to speak to a Boise Divorce Attorney, please call, (208) 472-2383,

Thursday, September 8, 2011

Boise Idaho Criminal Defense Lawyers - DUI Attorneys (208) 472-2383

It seems like there are more stories in the local newspaper about increases in arrests over  holiday weekends.  For Boise Criminal Lawyers this translates into an uptick in the number of calls associated with folks looking for a good criminal defense attorney.  These holiday arrests don't just involve DUI.  They often involve other crime.

I have frequently discussed how to avoid a DUI but today I would like to talk about a good way to avoid being arrested for the crime of possession of drugs or paraphernalia.  As a Boise Criminal Defense Lawyer I regularly get calls from individuals who describe their arrest in detail.  In a lot of situations something happens to initiate a traffic stop, such as a broken headlight or blinker.  Contrary to popular belief, just because a person in in possession of marijuana or paraphernalia doesn't mean they are under the influence of marijuana.  So often people are arrested for possession because of an underlying offense, such as a traffic violation.  Here's the common scenario.  You're driving along and the detestable red lights, which signal trouble, flash at you.  The cop pulls you over, struts like a rooster to your window and snoops around a little bit.  You might be nervous, you might be driving an old Duster, you might be wearing a Grateful Dead T-shirt or you might just want to get the heck out of Dodge, but whatever it is it signals the cop to think something might be going on.  And then it happens.  The cop asks if he or she can search you or your car.  Just Say No!  People often think they have to let the police search them.  You do not.  If they have not arrested you, they cannot search you without your permission or without a search warrant.  Unless you have a rap sheet a mile long or you are really paranoid or aggressive, the police simply are not going to secure a search warrant on a simple traffic stop.

If the police search you, with your permission, then whatever they find is potentially admissible as evidence against you.  The police know that if they don't have your permission to search you or the vehicle anything they find that is not in "plain sight" may be excluded. 

This brings up a few important points.  One, if you are pulled over and you know you have marijuana or paraphernalia on you don't say yes to a search.  You do not have to.  It might also be sensible to always say no, just in case you forgot about the pipe or roach in your pocket (this actually happens all the time).  It is also an important if you have been arrested and the police searched you or your car without your permission and found incriminating evidence, make certain you tell your Boise Criminal Lawyer that this is how the evidence was obtained so that they can moved to have it excluded.  An obvious but often overlooked point is, don't act guilty during a traffic stop.  If you have been pulled over for a traffic violation, be agreeable and move on.  Your attitude can wind up getting you busted.

The world of criminal law revolves around what evidence is admissible.  You have to fully inform your Boise Criminal Lawyer of all the facts surrounding your arrest so that they can keep out any evidence that violates your rights.

If you have been arrested and need to speak to a Boise Criminal Lawyer, give us a call and see what we can do for you.  Call now, (208) 472-2383.

Monday, August 29, 2011

Boise Idaho Criminal Defense Attorneys - DUI Lawyers - (208) 472-2383 - Divorce and Family Law

What happens when you get a DUI in Idaho?  As a Boise Criminal Defense Lawyer I hear that question a lot.  The answer to the question is more substantial than describing the penalty.  You can find the basic penalty all over the web, my website included, but that is just the legal ramifications of a DUI.

Any Boise Criminal Attorney can tell you that a DUI conviction has far reaching consequences.  There is the embarrassment or hassle of the initial DUI stop, field sobriety test and booking.  Then you have the stress of having to let your family or loved ones know.  Then there is the stress of having to get out of jail and what that can mean financially.  Once you have found a Boise Criminal Defense Lawyer and have dealt with the cost of that, you have to decide if you want to fight the DUI or take a plea. 

It is possible to fight a DUI conviction and you may need to do that if it means losing your job if you are convicted.  There are many approaches to staying off a DUI conviction but it means you have to make a financial commitment to your Boise Criminal Attorney.  Criminal Defense Attorneys who are experienced in fighting DUI conviction can give you a good estimate of the cost of defending a DUI.  We can do this because we have successfully defended DUI charges and know, in the ball park, what it takes and what it costs and how much you will have to put in retainer.  Fighting a DUI will be another financial consequence that you will have to deal with.

If you choose to take a plea or you do not have the facts to sustain a fight against the DUI charge, you will have a series of hoops you will need to jump through as a result of your penalty.  These will include evaluations, community service, getting a restricted license, just to name a few.

As a Boise Criminal Attorney I have also seen the consequences of a DUI extend into people's personal lives.  Sometimes people loose their jobs, some people end up in divorce court, some people get subsequent DUI charges and the list goes on.

If you have been charged with a DUI in Idaho, you know that the consequences are serious and that's why it is critical to have an experienced Boise Criminal Defense Lawyer to help you.  Give us a call, (208) 472-2383 and see what we can do for you.

Thursday, August 25, 2011

Boise Idaho Divorce Attorneys (208) 472-2383 - Family Law Lawyers - Criminal Defense Attorneys

Evidence can make or break your case.  Whether you are in the midst of a divorce, being tried on a criminal law matter, if you need to probate a will or whether you are filing bankruptcy, evidence is a critical key to success.

You have undoubtedly heard from your doctor or pharmacist that you should never take another person's medicine.  You may say that your symptoms are exactly the same, well almost exactly the same, so what is the harm?  Medicine in like the law in some ways and one of those ways is evidence.  A doctor looks with a trained eye at your symptoms, makes a diagnosis and prescribes a medicine or a life change.  A Boise Divorce Attorney or Idaho Criminal Lawyer does very much the same thing.  They look at the facts of your case, analyze the evidence and prescribe a course of action.  The difference between the two is that the law tends to be more variable.  There is the objective law but there are also the subjective judge, parties and attorneys.  Two cases rarely turn out the same primarily because the facts, the evidence and the lawyers, judges and parties are not the same.

A good and experienced Boise Divorce Attorney or Idaho Criminal Lawyer will know the law and their rules of evidence and can, to a degree, control what is placed before the judge.  Sometimes you may have perfectly obvious evidence, but for one reason or another (hearsay; relevance; confusion) that evidence will be excluded.  You also can have the opposite result if the attorney on the other side is not the best evidence student.  I have been in situations where I have been able to introduce evidence that could have been excluded had the other Boise Divorce attorney or Idaho Criminal Lawyer known their rules of evidence.

If you are seeking a divorce or are being tried on a criminal law matter, and want to speak to an attorney, please call (208) 472-2383.  Our firm also practices probate, estate planning, bankruptcy, employment law, personal injury and small business law.  Call today.

Wednesday, August 17, 2011

Boise Family Law Lawyers - Divorce Attorneys - Criminal Lawyers - Idaho

Boise Family Law Lawyers, Criminal Attorneys - call for your free consultation now, (208) 472-2383 - Divorce, Custody, Family Law, Criminal Defense, Probate and Bankruptcy

Divorce has become a way of American Life.  More than half of all first time marriages end in divorce.  Perhaps because of this unsettling statistic, couples are now choosing to cohabitate instead of getting married.  According a report published on Tuesday by the National marriage Project, in conjunction with the University of Virginia, the number of Americans with children who live together, unmarried, has increased twelve fold since 1970.  It also reported that children are now more likely to live with unmarried parents than divorced parents.

So what does this mean for you or for divorce attorneys or family law lawyers?  Let's start with the attorneys.  As a Boise Divorce Attorney I am seeing an increase in relationships like these.  Idaho used to have a common law marriage law that, in effect, made a cohabitation a marriage.  That law was abolished and unless you have cohabitated before January 1, 1996, you are not considered married.  The difficulty for both attorneys and individuals in this situation is that you loose community property law protection and upon separation you need to figure out how to split the assets you have acquired while you were together.  Community property provides an equal share of ownership for both parties when the property is purchased with community funds or is given to the community from separate funds.  For example, if you are married and you purchase a car with a loan taken out in your name only, that car is community property if it is paid for with your income.  If, however, you aren't married and you have the same situation, the car belongs solely to the individual who purchased it.  You don't have to be a divorce lawyer to see how this can quickly become convoluted when you are buying things together.

As a Boise Family Law Lawyer, I regularly handle custody cases pursuant to these types of situations.  Unlike separation after cohabitation, the custody of children born to parents who chose to cohabitate instead of marry, follows regular custody law.  So regardless of your marital status, if you have kids and split up, custody will be determined by a fairly uniform set of guidelines and custody will be placed accordingly.  Likewise, child support is determined by the Idaho Child Support Guidelines whether the parents are married, have cohabitated or simply had a child out of wedlock.

If you need to speak to a Boise Family Law Lawyer or Boise Divorce Attorney, please call (208) 472-2383 today.

Monday, August 15, 2011

Boise Criminal Lawyers- DUI Attorneys- Reducing DUI to Reckless or Inattentive Driving

Boise Idaho Criminal Defense Attorneys - Kershisnik Law- Free Consultation, call (208) 472-2383 today.  Boise Criminal Lawyers providing experienced and affordable legal representation for all criminal matters in Idaho including DUI and DWP.  Call now.

People often ask me and other Boise Criminal Attorneys if they will be convicted if they have been charged with a DUI.  There are defenses to a DUI and it is possible to have a DUI reduced to reckless or inattentive driving.  If the facts are not there, the prosecuting attorney cannot make their case.  Examples of lacking facts or evidence can be  a "positive" field sobriety test, without corroborating  BAC results, admission of drug consumption without a positive drug test or a failed field sobriety test in conjunction with a lack of calibration record on a breathalyzer machine.

These are just examples of possible defenses to DUI.  The reason that I and other criminal defense lawyers say that these are ground for a reduction in charges, rather than a complete elimination of charges, is because there is evidence of poor driving.  When the police witness "poor" driving they have probable cause to pull you over.  Driving is a privilege so if you are driving poorly you can be charged with a crime.  If your poor driving is coupled with the consumption of drugs or alcohol, then you will be charged with a DUI.  If the police erroneously interpret the evidence, they will charge you with a DUI but you may have the charge reduced to a lessor crime like reckless or inattentive driving.

If you have been charged with a DUI or any other crime in Idaho and need to speak to a Boise Criminal Attorney, please call (208) 472-2383 for your free consultation now.  Let us help you.

Wednesday, August 10, 2011

Juvenile Law Lawyers - Boise Criminal Attorney - Boise Family Law Lawyers - Divorce Attorney

Criminal Lawyers, Family Law Attorneys, Juvenile Law Lawyers call (208) 472-2383 - Kershisnik Law - Free Consultation

As a Boise Criminal Attorney I often assist juveniles who have been charged with a crime.  Minors accused of crime are treated differently than adults charged with a crime.  The policy behind different treatment has to do with accepting responsibility and understanding consequences.  Adults are expected to do this, whereas juveniles are given more fudge room.

Often juvenile matters are processed through the courts informally.  Even though a case will be set for hearing, the matter may not actually be heard in the courtroom.    If a minor has a Boise Criminal Lawyer representing them, the judge will work the matter out between the prosecuting attorney (the state's lawyer) and private counsel.  Once this is done the judge will speak to the minor and informally finalize the case.

By its very nature as a juvenile matter, the penalty will be less severe than that of an adult.  However, it can be substantially less if the minor has a strong support system.  There are minors that have no stable adults in their lives and live in very unfavorable situations.  If this is the case the juvenile will receive a harsh penalty (though very likely less than an adult charged with the same crime).  If the juvenile has a stable family life with many support anchors, a juvenile court judge will be likely to give a fairly light sentence aimed at rehabilitating the juvenile.

If you have a child who has been charged with a crime and you need a Boise Criminal Attorney who is experienced in juvenile law to represent them, please call (208) 472-2383

Monday, August 8, 2011

Boise Criminal Lawyers - What's the Difference Between Felony and Misdemeanor?

Need a Criminal Lawyer?  Felony Charges?  Misdemeanor Charges? Call Kershisnik Law, (208) 472-2383 now to get the experienced and affordable help you need.  Free Consultation.

Felony v. Misdemeanor  What is the difference?
In Idaho, you can be charged with a crime that is a felony or a misdemeanor, but what exactly does that mean?  A felony crime is a very serious charge that, upon conviction, results in a prison sentence.  The prison sentence can range from 1 year to life in prison.  Felonies also involve greater fines than misdemeanors.  Upon conviction, a misdemeanor can carry jail time, though not necessarily, and a lessor fine amount.  A jail sentence for a misdemeanor will be no more than 1 year.

Can a Felony Charge Be Reduced to a Misdemeanor or Visa Versa?

Yes - depending upon the facts of your case, a misdemeanor charge may be increased or enhanced to a felony.  Also, if the facts aren't there a felony charge may be reduced to a misdemeanor.  A Boise Criminal Attorney can often advise you as to the possibility of your charges being changed.  The reasons for the change will depend upon the circumstances,  the consequences of the crime and the evidence available to the prosecuting attorney. Experienced criminal lawyers understand what is necessary to have the prosecuting attorneys reduce the charges against you.  This is one of the reasons why it is so important to have an experienced Boise Criminal Attorney represent you in a criminal law matter in Idaho.  The prosecuting attorney is not on your side and will not tell you what you can do or what you can argue to have a charge reduced.  It is part of the job of criminal lawyers to do this for their clients and they have been trained to do so.

What is the Difference Between Prison and Jail?

People often confuse the terms "prison" and "jail"  Prison means serving time in the state penitentiary.  Jail is run by the county and is used for misdemeanor sentences and for holding individuals until trial.  

If you need to speak to a Boise Criminal Lawyer, please call (208) 472-2383 for a free consultation.  Our attorneys are experienced and affordable.  Call now.

Wednesday, August 3, 2011

Boise Divorce Attorneys - Family Law Lawyers

For divorce and custody issues, please call (208) 472-2383 today.

As a Boise Divorce Attorney, I deal regularly with issues outside of the divorce arena but still well within the purview of Family Law.  Paternity and custody are examples of this.  Paternity issues often arise outside of the marriage or divorce context. 

If a child is born to an unmarried couple the issue of paternity and custody need to be determined.  Often people approach the visitation between parties and any child support payments in an informal context.  This generally works amiably until conflict arises and then inevitably visitation is denied and custody is threatened.  Attorneys are generally then called in to "fix" the situation.

The first step that needs to be taken when a child is born out of wedlock is to establish paternity.  There is a simple and fairly inexpensive test to determine who the father of the child is.  Establishing paternity is important because it can set the stage for child support, custody and visitation.  If the mother is on medicaid, the State of Idaho and their attorneys will automatically proceed with this step. It is important to establish paternity so that the responsibility of financial support can be directed to the right person. 

Once it is clear that the father is the father of the child, child support can be established, based upon the Idaho child support guidelines and the respective incomes of the parents.  The lawyers on both sides will also move forward with establishing custody and visitation.  This can be done through mutual agreement or by a finding of the court.  The factors that go into establishing custody and visitation are the same factors that Idaho judges use for custody determination in divorce cases.

If you have a family law issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383 today.

Friday, July 29, 2011

Boise Criminal & Divorce Lawyers - Idaho Family Law Attorneys - Criminal Defense Lawyers

Boise Criminal Lawyers and Boise Divorce Attorneys, call (208) 472-2383.  Idaho Family Law and Criminal Defense - call now for your free consultation.

The old adage, "think before you speak" has never been so apropos especially for Boise Criminal Lawyers and Boise Divorce Attorneys dealing with evidence in divorce and criminal law cases.  With social media "out there" for everyone to post everything about themselves and their lives, if you are involved in a divorce or custody case or in a criminal law matter, you really really need to think before you speak.  Judges in Idaho routinely accept facebook or twitter evidence as a statement by a party opponent.  What you say on your facebook can and will come back to bite you.

If you are involved in a divorce, custody or criminal law matter you might take my advice and keep your posts tame.  The real problem comes in when you make the posts before you get involved in family law issues or criminal defense matters.  It might seem odd that a recreational tool like facebook or twitter can result in the use of evidence against you.  The policy behind it is that you were the one that made it public and you clearly are the one who said it.  If you are prone to exaggeration or hyperbole on your social media outlets, you might want to consider the consequences.

If you have family law issues or need a good criminal defense attorney, give us a call.  Our lawyers are here to help you and we always offer a free consultation.  Give us a call today, you will be glad you did.

Monday, July 25, 2011

Boise Estate Planning Attorneys - Probate Lawyers - Wills, Trust Attorney

Planning your estate is a very important element of planning for your future.  Call (208) 472-2383 to speak to Boise Estate Planning Attorneys at Kershisnik Law today.

People often think that the elements of estate planning only consist of writing your will, creating a trust and establishing a personal representative to direct and administer your estate during probate.  While these are important elements of estate planning, it is also critical to think about your future in terms of elder law issues.

What I mean by elder law issues is will you be cared for in a nursing home, hospice or will you stay in your own home?  While we may all want to stay in our own homes, ultimately we may not be able to do that.  We may have to go to a nursing home.  Nursing homes can be very expensive and can drain the value of your estate very quickly.  While this sounds frightening, it can be prevented.  There are insurance policies available for long term care in a nursing facility.  They can include care for assisted living as well as more round the clock care as is provided in a traditional nursing home.

Estate planning is designed for wealth preservation, however, you cannot preserve your wealth if you need to spend any length of time in a nursing home.  Estate Planning Attorneys sometimes overlook this obvious detail of estate planning.  No one wants to spend a ton of money on insurance but insurance can be a very important factor in wealth preservation.

If you need to plan your estate and want to speak to a Boise Estate Planning Attorney or if you need to probate an estate and want to talk with a Boise Probate Lawyer, give us a call today, (208) 472-2383.

Monday, July 18, 2011

Boise Family Law Lawyers - Criminal Attorneys - DUI, Criminal Law, Divorce and Custody

Kershisnik Law, (208) 472-2383, Boise Attorneys handling Family Law, Divorce, Criminal Law, DUI and juvenile matters in Boise, Idaho.  Call now for your free consultation.

Anonymous tips and DUI in Idaho:

According to the Idaho State Police DUI accounts for 39% of all fatal traffic collisions in Idaho.  The number of drivers who are cited for DUI in Idaho is staggering.  Over 10,000 drivers a year are arrested for DUI in Idaho.  The Idaho State Police have an ongoing campaign aimed at deterring and stopping driving under the influence of drugs or alcohol.  Part of the campaign is aimed at the general public.  It is called REDDI (Report Every Drunk Driver Immediately).

The REDDI campaign asks that every citizen who witnesses a drunk driving incident report it immediately to the police.  They ask that the location and direction of movement, be reported along with the vehicle description, license plate number and number of people in the vehicle.  What the REDDI campaign fails to ask, however, is that you also give your name.

Why is it important for you to give your name?  Well, firstly, whenever you call into the police they ask for your name.  You don't have to give your name, but then your tip becomes anonymous.  This is all important because if the driver of the vehicle has stopped driving the car by the time the police arrive, there needs to be credible evidence that that person was actually operating the motor vehicle.  If the police have received an anonymous tip, then there is no eyewitness to give testimony about the driver.  If there is no credible testimony about the driver being drunk, then they cannot be convicted of DUI.

If you are an adult, there is no law against being drunk in your own home.  If the police, operating on an anonymous tip, arrive at that person's home and find them drunk, unless they are doing something illegal like disturbing the peace, there is nothing they can do.  If they did not witness them operating a motor vehicle while under the influence, they cannot arrest them.

This type of case has been heard repeatedly by the Idaho State Supreme Court and the Court has unheld the decision that a DUI arrest cannot be made pursuant to an anonymous tip.  While to some this may seem arbitrary and letting a criminal go, it is critically important to the criminal justice system.  It helps to protect your rights.  The last thing anyone wants is to be convicted of a crime based upon unreliable evidence.

People often ask if you need an attorney to represent you for a DUI or other criminal matter.  This is a prime example of why it is so important to have an experienced DUI Lawyer on your side when you are charged with a DUI.  If you don't have a criminal attorney representing you how will you know if the police received information about you driving under the influence from an anonymous tip?  Would you even know to ask that type of information?  This can make the difference between a conviction and a lesser charge or even going free.  There are all sorts of evidence hoops that you will not know about and you can be certain that the prosecuting attorneys won't tell you.

If you have been charged with a DUI and need to speak to a Boise Criminal Attorney or a Boise DUI Lawyer, please give us a call, (208) 472-2383.  We always offer a free consultation.  Call now.

Thursday, July 14, 2011

Divorce in Idaho - Boise Divorce Attorney Answers The Question, "Can You Do It Yourself?"

As a Boise Divorce Attorney I regularly get calls from individuals wanting to know if they can do their divorce by themselves.  I always give an anecdotal account of my ability to do task by myself in which I am not trained.  What I mean by that is, I am not a plumber so, how well can I do plumbing myself?  Or, I am not an electrician, so how well can I wire the lights by myself?  That having been said, I will ask you, if you are not a lawyer, how well can you do your divorce by yourself?  These are really the types of questions you have to ask yourself if you want to do your own divorce.

There are lots of resources for do-it-yourself or cheap divorce kits in Idaho.  Some are valid and some just want your money.  The Idaho Supreme Court provides a website that has many do-it-yourself forms on-line.  If you have not been married very long, have not acquired much property, you don't have children or custody issues, and you understand the difference between community property and separate property, you may do fine doing your own divorce.  The difficulty arises when you have more complex issues such as retirement division or equalization of community property.  Custody arrangements can also be tricky if you don't know what the law allows or requires.  Not to stray to far from the issue, but it is like a probate case that becomes a gigantic headache for the survivors because the testator of the will decided to use a do-it-yourself will kit and marked the wrong boxes, in effect, nullifying the law and passing his or her property to a party they never intended to give it to.

If you want to save money by not hiring attorneys to do your divorce or custody issues, it is probably better to save money by hiring lawyers who are experienced in family law.  Also, you can reduce your total bill by not incurring unnecessary charges, such as for calling your attorney to tell them that you have been fighting over the bills with your soon to be ex.  Make certain your calls to your attorney are about necessary and important issues.  You can also reduce your legal expenses by being active in your case.  What I mean by this is, gathering important documents, weeding out superfluous documents and by providing your divorce lawyer with all the relevant materials they have asked you for.

If you are looking for an experienced Boise Divorce Attorney who provides affordable and excellent legal representation, call (208) 472-2383.  Kershisnik Law always provides a free consultation, so give us a call today and see what we can do for you.  You will be glad you did.

Monday, July 11, 2011

Boise Criminal Attorneys - Juvenile Law Lawyers - DUI Attorney - Crime in Idaho

Boise Criminal Attorneys often handle juvenile law matters.  Call (208) 472-2383 to speak to a criminal lawyer who knows how to handle crimes involving minors now.

Is there a difference between juvenile law and adult law?  There certainly is.  It is important to have a Boise Criminal Attorney experienced in juvenile law handle any case against your minor child that is brought before a court of law.  There is no jury in juvenile court and so the fate of your child is in the hands of the judge.  If is extremely important to approach the judge in juvenile court with respect and with an attitude of responsibility and desire for change.

Juvenile Court, while it is a court of law and while attorneys are involved, is in someways more lenient that an adult court.  For example, a juvenile court's aim is to protect and direct a juvenile rather than punish them.  The court will instruct your minor child on learning what is right and what is wrong and the importance of making good decisions.  This having been said, it is still important to have counsel protect the rights of your minor son or daughter.  Whether they have been charged with drug possession, minor DUI or any other juvenile crime you need to have a lawyer who has been through juvenile court and understands how it works.  It is critical that your child's rights be protected on all levels, especially considering they don't have the opportunity for a jury trial.

One very important thing to keep in mind about juvenile court is that your minor child could have their probation extended until they reach 21, however, they will be eligible for automatic expungement of their record once they have served their sentence.

If you need to speak to a Boise Criminal Attorney who has practiced extensively in juvenile court, give us a call today, (208) 472-2383 - You will be glad you did.

Wednesday, July 6, 2011

Boise Family Law Lawyer - Divorce Attorney - Criminal Lawyers - Probate Attorneys

If you are looking for a Family Law Lawyer, Divorce Attorney, Criminal Lawyers, Probate Attorneys in Boise or the surrounding area, call (208) 472-2383 for experienced and exceptional legal representation in many areas including divorce, custody, family law, military divorce, criminal law, DUI, probate, bankruptcy, employment law and small business law.

As a Boise Divorce Attorney I deal regularly with Military Divorce. Military Divorce has certain rules and characteristics different from a civilian divorce.  What strikes me most as a divorce lawyer, however, is not the differences but the rate of divorce in the military. 

According to the Pentagon, the rate of military divorce has increased despite efforts by the military to provide resources for military couples.  An even more harsh statistic is the effect of deployment on female soldiers.  Women in the military experience divorce at twice the rate of male soldiers.

Having an absent spouse, suffering from post traumatic distress disorder, being a young couple and one partner being away from a new marriage, or simply living under extremely stressful situations are difficult on any marriage so it is no wonder why those individuals in the military are experiencing such high divorce rates.  The Pentagon places the overall divorce rate at 3.7%.  It is not uncommon, however, to see units, particularly those that have had more than one deployment, to have upwards of an 80% divorce rate.

While the military resources aimed at curbing the divorce rate and effects upon military family law and families have not been extremely helpful, what can be done in terms of family law for a military family?  Divorce Attorneys who have experience dealing with military divorce and custody are your best resource to have your family law issues dealt with.  Knowing the anatomy of a military divorce can make all the difference in settling issues intricately involved with the military.  It is not just the divorce but there are many other aspects particular to the military which much be considered such as custody, retirement, outstanding debt and a whole slew of other issues.

If you are in the military or are married to military personnel and you need to speak to a Boise Divorce Attorney, please give us a call at (208) 472-2383.  Our attorneys can help you understand what is at stake and help you get going along the right path.  We always provide a free consultation so don't hesitate, call now.

Tuesday, July 5, 2011

Boise Criminal Lawyers - DUI Attorneys - Divorce Attorney - Family Law Lawyer - Probate - Boise

Boise Criminal Lawyers, DUI Attorneys, Divorce Attorney, Family Law Lawyer, Probate call (208) 472-2383

As the 4th of July weekend 2011 comes to a close we read in today's paper about the numerous DUI arrests made over the weekend.  This year in Boise there were 17 DUI arrests.  Boise Criminal Lawyers are very busy this time of year.  According to the National Highway Traffic Safety Administration the 4th of July weekend is one of the deadliest times of year as far as traffic fatalities.  There are many factors which play into this statistic.  Firstly, it's summer and people are our enjoying the warmth and sunshine.  More people on the road means more accidents.  Of course, the most obvious reason for the high rate of accidents is alcohol.  It is a holiday, people are drinking and they are driving under the influence.  The NHTSA reports that over the past 25 years half of the fatal crashes on Independence Day have involved alcohol.

While this startling statistic gives Boise Criminal Lawyers and DUI Attorneys plenty to do, it can ruin someone's life.  If you are charged with a DUI it can impact your entire way of life.  No only do you have to deal with the consequences of the DUI arrests which have a huge personal impact, but if you have harmed someone in an accident caused by driving under the influence you may be responsible for a personal injury action against you or worse, you may be responsible for the death of another person.

What can you do to prevent the consequences of a DUI?  The first answer is obvious - don't drink and drive.  However, if you have found yourself in that situation (which we know from the recent news coverage of Senator McGee - it can happen to anyone, even those you would least expect), it is very important to follow all the recommendations of the court and the advice of your criminal lawyer.  Your attitude in presentencing requirements and in a DUI sentencing can make a huge difference for you and your family.

If you have been charged with a DUI and need to speak to a Boise Criminal Lawyer or DUI Attorney, please give us a call (208) 472-2383.  Find out what we can do for you.

Monday, June 27, 2011

Boise Family Law Lawyers - Divorce Attorneys - Criminal Lawyers - Probate, Employment Law, Bankruptcy, DUI Attorney

Boise Family Law Lawyers, Criminal Lawyers, Divorce Attorneys, call (208) 472-2383, Family Law, Divorce, Custody, Criminal Law, DUI, Probate, Employment Law and Bankruptcy.

Occasionally as a Boise Criminal Lawyer I get calls from individuals wanting to know what a maximum penalty is going to be for a particular crime.  Likewise, as a Boise Divorce Attorney, I get calls from individuals wanting to know what their child support obligation will be or what the consequences of a domestic violence restraining order will be.

Some areas of the law, such as those that set a particular penalty for a crime or set a statutory money obligation are determined by the Idaho Code.  These are laws made by the Idaho Legislature and codified.  Generally, as far a criminal law is concerned, the Idaho Code sets maximum and minimum penalties.  Any Idaho Criminal Lawyer, however, can tell you that there is a wide range betweeen the maximum and the minimum.  Likewise, any Boise Divorce Attorney can tell you that on something like domestic violence, the penalties and requirements will vary depending upon your circumstances.  However, Boise Divorce Attorneys know that for child support, the Idaho Child Support Guidelines are not negotiable.  To determine child support in Idaho you must input your income and the income of the other parent as well as other pertinent information such as child day care expenses and you will arrive at a number that will be your child support obligation.  There is very little fudge room on this number.  Occasionally a judge will alter slightly what the obligation will be based on particular circumstances, but it is not the same fudge room a judge has when it comes to setting a criminal law penalty.

Not all laws, however, are codified.  Much of the law that Boise Family Law Lawyers practice, for instance, is based upon something known as common law.  Common law is the law that has evolved over time based upon cases taken to trial and taken up on appeal.  Eventually, a case will make its way to the Idaho Supreme Court which will make a determination on a particular issue.  This decision will either agree with the current law or it will clarify a particular issue or it will overturn a previous decision.  This is the basis for common law.  Eventhough Criminal Law is generally based upon statutory law it can also follow this same process. 

If you have ever asked a Boise Divorce Attorney or a Boise Criminal Lawyer a legal question and have gotten an answer to the effect of "it depends upon your circumstances" this is why.  The law generally is not cut and dry.  There are general answers but the answer to the question can vary greatly depending upon your individual facts and circumstances.  This is exactly why at Kershisnik Law when you speak to one of our divoce attorneys or criminal lawyers you will be offered a free consultation.  For you to make an informed decision on how to proceed on any legal issue you need to provide an attorney will the facts so they can give you an opinion based upon your particular set of facts.

If you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, call today, (208) 472-2383 for your free consultation.

Tuesday, June 21, 2011

Boise Probate Attorneys - Estate Planning Lawyers - Divorce Attorney - Criminal Lawyer

Boise Probate Attorneys, Estate Planning Lawyers, Divorce Attorney, Criminal Lawyer, call (208) 472-2383 - probate, wills, estates, trusts, estate planning, divorce, custody, criminal law, DUI.

As a Boise Estate Planning Attorney I regularly get calls from people who want to know if they can write their will by themselves.  People ask this not because they don't like attorneys (I hope) but because they want to save money.  There are endless estate planning and will kits out there all which advertise that you can save money and do it yourself.  The question really is do you want a computer program, which is only as good as the input given by the user, to plan your estate or write your will?

These programs are good enough, but it is user error that can mean the difference between your will being carried out or your will being thwarted.  The programs ask a series of questions and you are supposed to fill in the appropriate box.  How many times have you been confronted with this type of questionnaire and not known what to fill in or wished that there was a comment section so you could explain your answer?  Herein lies the problem.

The programs sometimes don't know the complexity of the law and therefore the appropriate question cannot be asked.  Divorce situations often trip up the program and the user.  Disowned children also create huge problems that the estate planning software can't address.  If you don't know the law it is highly possible that you may check the wrong box.

What happens if you check the wrong box and then you die?  Your property may go to someone you don't want to have it or your estate may have to spend a huge amount of money trying to protect your assets.  If you purchased the will or estate planning software for the express purpose of saving money, you may end up spending way more than if you had just had an attorney in the first place, especially if the probate is challenged and litigated.

The other problem is that only you know what you really want done with your property.  If you had to check a box that didn't really fit what you wanted and then you die, when your will goes to probate how can the personal representative really do what you wanted?

So, as a Boise Estate Planning Attorney my best advice to you is make certain if you buy estate planning and will writing software and you have complicating issues like divorce or disowned children make certain you know what you are checking or if you don't or you are unsure, call an attorney.

To speak with a Boise Probate Attorney call (208) 472-2383 today.

Thursday, June 16, 2011

Boise Divorce Attorneys - Family Law Lawyers -Criminal Attorney-Criminal Defense Lawyer

Family Law Lawyers, Boise Divorce Attorneys, Criminal Law Lawyer, Criminal Defense Attorney, 208-472-2383 - Divorce, Family Law, Criminal Defense, DUI, Probate, Estate Planning and Elder Law.

As a Criminal Defense Lawyer I defend peoples' rights. I have been criticized for "helping criminals get off on a technicality", but this simply is not the case. That attitude represents a misunderstanding of the importance of criminal procedure to protect individuals from illegal search and seizure, improper handling of evidence and conviction based upon coerced or ill-gotten confessions. This is the basis for your constitutional rights. So what is good for the goose must also be good for the gander.

In the last week a mass mailing was sent to all Idaho Lawyers from the Chief Prosecuting Attorney's office and the Idaho Prosecuting Attorneys. It didn't offer a legal opinion but it notified all Idaho Criminal Attorneys about a breach in policy by four Idaho State Police Laboratory Analysts. The breach had to do with the illegal and improper storage and use of a chemical used by ISP for evidence protocol. Another violation was perpetrated by the lab manager and a lab scientist. This violation had to do with the improper and illegal display and addition of illegal drug look-a-likes.

Now, it is highly unlikely that any of these violations have or will effect the constitutional rights of any individual in the State of Idaho, but they are violations nonetheless. These violations could potentially mean a revocation of their license to store and analyze criminal evidence.

All of this is a testament to the importance of criminal procedure and your constitutional rights. Being a criminal defense attorney doesn't mean getting criminals "off", it means defending and protecting their rights. The last thing any Criminal Defense Lawyer wants is a criminal evidence lab with a sketchy history of mishandling policy. If the lab analysts disregard company and government policy on inconsequential matters then how careful will they be in testing potentially damning and life changing evidence?

I am proud to be a Criminal Lawyer because I think these rights are inalienable and I am not discouraged by nay-sayers or those individuals who want constitutional protections for themselves but are unwilling to guarantee them for all.

If you have been charged with a crime and need to speak to a Boise Criminal Lawyer, give me a call, 208-472-2383. If your rights have been violated, let's see what we can do for you.

Monday, June 13, 2011

Boise Criminal Lawyers - Divorce Attorneys - Family Law Attorney - Probate and Estate Lawyer

Boise Criminal Lawyers, Divorce Attorneys, Family Law Attorney, Probate and Estate Lawyer, call (208) 472-2383 for your free consultation today.

My legal practice revolves around criminal law, divorce law, family law, probate and estate law, employment law and small business law.  Very often my day to day practice as an attorney is routine.  As a Boise Divorce Attorney, I might do the ordinary divorce and custody hearing.  As a Boise Criminal Lawyer I might go to court and argue a probable cause issue to attempt to throw out a DUI.  As a Probate Attorney I might file the appropriate paperwork for a formal probate proceeding.

That is on an ordinary day.  Occasionally, unique or interesting issues raise their heads and I get to take the fascinating twists and turns of legal analysis that compelled me to go into the law in the first place.  I had the opportunity recently to delve into just such analysis in my capacity as a Boise Criminal Lawyer.

Idaho Code 18-8004 is the statute governing DUI in Idaho.  It says that it is a crime to drive under the influence of drugs or alcohol.  Now that seems obvious.  Everybody knows that you can't drive while you are impaired.  But here is the interesting thing; while that code section defines an amount of alcohol in your blood stream, it does not quantify how much marijuana in your system constitutes being impaired.  Presumably then, any amount of marijuana or other illegal drug in your system would technically rise to the level of impaired.

The chemical ingredient in marijuana, the one which is responsible for the high your get after smoking it is known as THC.  In a blood or urine test used to determine your use of marijuana, it is the THC that is measured.  THC stays in your system for some time, depending upon how much and how heavy a marijuana smoker your are.  According to Washington University, the half life of marijuana is 24 hours but, if you are a heavy user, it can be detected in your blood stream for up to 45-60 days.

So why does all this matter and why do I find it interesting?  If you are driving a motor vehicle in Idaho and you are pulled over and the police officer becomes suspicious of your behavior, he or she can request that you take a field sobriety test.  If you are like most people, you may have difficulty passing the test.  If you fail, the officer can then request that you submit to a blood or urine test.  If you have smoked pot in the last month, you might be setting yourself up to get a DUI.  The blood and the urine test used in Idaho to determine if you have drugs in your system doesn't measure any level of drug.  It doesn't have to.  It is just either positive or negative.

Paranoid? Maybe, but it's my job to give advice.  Just a word of caution.

If you have been charged with a DUI and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.

Wednesday, June 1, 2011

Boise Divorce Attorney - Criminal Lawyer - Probate Attorneys - Family Law Considerations

Boise Divorce Attorney, Criminal Lawyer, Probate Attorneys, call (208) 472-2383 for all divorce, custody, criminal law, probate and estate planning issues.

As a Boise Divorce Attorney I am often involved in many cases that have cross over legal issues with divorce law. Criminal Law and Probate or Estate Planning are examples where legal issues mingle. As a Criminal Lawyer I see criminal or divorce and custody issues exacerbate each other. Violence in the divorce context often leads to domestic violence protection orders and no contact orders. High conflict divorce and custody battles fuel the criminal nature of domestic battery.

As a Probate Attorney, I see where divorce plays a role in the need to revisit your estate planning issues so that you don't end up with issues in probate. I have seen cases where a will is never changed and this can lead to the wrong person getting your property at death. In probate, because the testator of the will is deceased, you cannot use parole (extrinsic) evidence to prove the testator's intent. What this means is if you fail to name your new spouse in your will, the old spouse from whom you got a divorce, can and may still take under your will.

Because there is this cross over, the term Family Law can be used to encompass this area of the law. Family Law Lawyers, like myself, specialize in understanding the issues which mingle and can often have a profound impact on each other. It is with this detailed understanding that Family Law Lawyers are able to make sense of these areas and help you through the ins and outs of family law.

Wednesday, May 25, 2011

Boise Divorce Attorney - Boise Family Law Lawyers - Custody Attorneys in Boise, ID - Maintaining an Alimony Award Even Into a New Marriage

Boise Divorce Attorney, Idaho Family Law Lawyers, Custody Attorneys, call (208) 472-2383 for all family law matters including divorce, custody, modification, child support, termination, adoption, alimony, domestic violence, probate, estate planning and all domestic issues effecting the family.

Alimony isn't exactly and outdated concept in Idaho, although it is not awarded very often anymore.  I have discussed in previous blogs how a Boise Divorce Attorney might go about securing a spousal support award for a client.  Today, however, I am going to discuss what happens when a spousal support award is in effect and the party receiving the alimony remarries.

It would make sense to anyone, especially Boise Divorce Lawyers, that once one is remarried, an alimony award should go away.  Because the law is the way the law it is, however, this is not necessarily the case.  If  alimony is ordered by a judge in a divorce decree, then once the party remarries the spousal support order will cease to be in effect.  If, however, alimony is agreed to by the parties in mediation, for example, it may not go away, depending upon how the mediation agreement is drafted. 

This just highlights how important it is to have a Boise Divorce Attorney review any mediation agreement before you sign it.  Sometimes in divorce matters emotions run high and agreements can be made as an emotional knee jerk, often just to get the thing over with.  This is where it is critical to have your agreement reviewed by your divorce lawyer and to evaluate with them why you are agreeing to what you are agreeing to.

If you have a divorce, alimony, custody or mediation issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383.

Monday, May 23, 2011

Boise Criminal Attorney - Idaho Criminal Defense Lawyers - Manufacture, Possession and Trafficking a Control Substance

Boise Criminal Attorney, Idaho Criminal Defense Lawyers call (208) 472-2383.  If you have been charged with a crime in Idaho and need to speak to a Boise Criminal Attorney, call us today. Criminal Defense including DUI, DWP, Possession, Trafficking, Burglary, Theft, Shoplifting, Assault and Battery, Aggravated Assault, Sex Crimes, Internet Crime, and all crime in Idaho.

Most people know that possession, trafficking and manufacture of a controlled substance is a crime in Idaho.  People often, however, don't know exactly what that means.  Boise Criminal Attorneys are very familiar with the Uniform Controlled Substance Act which governs the classification and the penalty for this particular drug crime in Idaho.

The UCS Act classifies controlled substances into 6 different categories.  For example, Marijuana, Heroin, Mescaline, Peyote and Hallucinogenic Mushrooms all fall in to Schedule I of the UCS.  Opium falls into Schedule II.  Testosterone and Human Growth Hormone are Schedule III drugs.  Classifying them this way allows the statute to created specific penalties depending upon the schedule.

The penalty for the illegal use, manufacture, possession or distribution of a controlled substance is very stiff.  As a Boise Criminal Attorney I regularly get calls from people charged with possession and trafficking of marijuana, for example, who want to know what type of penalty they are facing.  Anyone who manufactures or delivers or is in possession with the intent to manufacture or deliver a Schedule I controlled substance will be charged with a felony and, if found guilty, can be sentenced to up to life in prison, up to a $25,000 fine or both.

This is the general type of sentence for "street" drugs, but it is also illegal to possess prescription drugs that fall into controlled substance categories, such as hydrocodone, phenobarbital, codeine or morphine.  As a Boise Criminal Lawyer I have seen a rise in this type of drug crime.  While the abuse of prescription drugs has always been around, it is on the rise for juveniles.  The crime for having prescription drugs in your possession is also severe.  If, for example, you are in the possession of a controlled substance which is a narcotic and you have not obtained the drug with a valid prescription, you can be charged with a felony and, if you are found guilty, you can be sentenced up to 7 years in prison, up to a $15,000 fine or both.

As a Boise Criminal Lawyer another form of this crime that I see that is fairly unknown to the general public is the creation, the delivery or the possession with the intent to deliver a counterfeit substance. So what this means is if you are selling "cocaine" for example that is not really cocaine, you can still be charged and penalized very severely for the claim that you are selling a real drug when it is actually counterfeit.  If you create a counterfeit narcotic drug, for example, you will be guilty of a felony and can be sentenced to up to 15 years in prison, be fined $25,000 or both.

In addition to these drug crime charges, there are also charges for being under the influence of a controlled substance.  If it is a first time charge you will be guilty of a misdemeanor and can be punished to 6 months in jail, a $1,000 fine or both.  With each subsequent charge within a five year period, the penalty increases.

If you have been charged with possession, manufacture or delivery of a controlled substance, possession of marijuana, possession of drugs, trafficking or any other drug crime in Idaho and you need to speak to a Boise Criminal Attorney, please call (208) 472-2383.  We always offer a free consultation.  Give us a call today.