Finding a Boise Divorce Attorney - Need to Find the Best Criminal Lawyer - You Have Come to the Right Place

Who is the Best Divorce Attorney in Boise?  Who is the Most Aggressive Criminal Attorney in Boise?

How do you find the best divorce attorney for you?  What about finding the best criminal lawyer or bankruptcy attorney?  Need to find a savvy probate attorney or business lawyer?  These are questions which are often raised when I receive calls from potential clients.  And this is why at Kershisnik Law, PLLC we offer a free consultation.

Finding a good divorce attorney or a criminal lawyer is not only important for your case, but it is also important for your peace of mind.  Not everyone likes to wear Nike Shoes and not everyone likes to eat McDonald's.  The same is true for your divorce attorney, criminal lawyer, bankruptcy attorney, probate attorney, business lawyer or personal injury lawyer.  Every person has a different style as does every attorney.

What to Look For in A Boise Divorce Attorney, Criminal Lawyer Etc.

So if there are a lot of good attorneys out there, and arguably even more "best" attorneys, how do you find the shoe that fits?  In my years of legal practice I have found several things that are helpful to aid you in finding an attorney who is a great fit.

First, a free consultation is indispensable.  It gives both the client and the attorney the opportunity to see if they hit it off.  You might not think that the attorney needs to be comfortable with the client but they do.  I have had situations where I turned work away because I did not hit it off with the client.  One person came in for a consultation.  When they arrived I grabbed the complaint they had forwarded to me from my secretary and took a moment to read it.  They looked at me with utter disdain.  They were appalled that I had not yet read the complaint.  I explained that there are several reasons why I wait to read the documents until the potential client has come in.  First, just because someone makes an appointment, doesn't mean they will come in.  In my busy schedule I cannot be reading complaints for enjoyment.  Secondly, I like to have their information fresh in my head when I am with them one on one.  Reading is a huge part of my job and I have a good memory, but would you want your doctor to not have read your chart minutes before operating on you?  And on and on.....This particular person was not impressed with my individual attention.  I suggested that she find a different attorney.

Second, an attorney who is not afraid of suggesting that you get a second opinion is, at first glance, a good choice.  I have prospective clients come to me with cases where I see no legal action or where I see that they would lose if they tried to bring suit.  I always suggest that it is my opinion and someone else might see it differently.

Third, along the lines of the above, a good attorney will tell you what they see as strong points in your case and weak points that you might have to deal with.  Also, in this regard, the whole expanse of your case may not be clear at first and in fact in all cases facts and evidence arise that can change the course of what was originally thought.

The fourth thought is price.  High price, low price, payment plan are not necessarily good things to judge a lawyer by.  Some attorneys might undercut the price to get you to sign up.  An attorney's fee is based upon the time they spend working on your case.  Do you really want the McDonald's Dollar Menu for your attorney just because it is cheap?  Likewise, very expensive attorneys do not necessarily mean the best attorneys.  Some people over value their worth and their ability.  There are a lot of cocky lawyers, but do you want an attorney who might mess up your case because they over value themselves? Likewise, there are people who like to try and impress others by how much they had to spend on their lawyer and try to give the impression that they had the best attorney because they were pricey.  Don't get caught up in image and snobbery.  Anyone who matters can see right through it.  If someone is impressed by another's bragging, they are equally trying to impress you too.  Attorneys in general are not cheap because they have spent many years educating themselves, but dollar amounts should not be your primary reason for choosing an attorney.

How to Make the Client Lawyer Relationship Successful

Like the question about choosing the best attorney in Boise, I also have learned a lot about making the client/attorney relationship a successful one.

First, listen to your attorney.  Your attorney has spent years mastering the law.  The law is not necessarily based on fairness or common sense.  Your attorney knows the judges and the other lawyers and how best to work out the situation for you.

Second, ask questions but do realize that having your attorney on speed dial will cost money.  It is important to know what is going on in your case but your attorney is busy helping others just like you.  That is not to say do not call them, but make sure that you are not using your attorney as an ear just to gripe.

Third, realize your attorney knows what is going on.  Often a case will go very fast and then slow way down so it seems like nothing is happening.  This is the way the legal system works.  Tickle your attorney now and then if you think you have been overlooked and even let them know that, but also realize the nature of the law is hurry up and slow down.

Fourth, stay apprised of your bill so there is no sticker shock in the end.  You will need to put down a retainer at the begging of your case but that may not be the end of what you will have to pay.  If you have a payment plan make sure you look at your statements to see how much you are out of pocket and if you have a billing question don't be afraid to ask about it.  Mistakes happen but it is better to clear it up before it is far down the road.  Some people never check their statements and in the end they might say that they don't want to pay that much or they are unhappy.  In general, the unhappiness stems from the cost, not the result.

And finally let your attorney know if you are confused, want something different or need help.  Your attorney is a trained professional who can provide you valuable information or direct you to a person who can help you.  Take advantage of their training and take what they have to offer you.

If you need to find a Boise Divorce Attorney, Criminal Lawyer, DUI Lawyer, Bankruptcy Attorney, Business Attorney or Personal Injury Lawyer, give us a call for your free consultation and see what we can do for you. 208-472-2383.  Call today.

Boise Criminal Defense Attorney (208) 472-2383 Idaho Criminal Lawyers

DWP  and Notice of License Suspension
I mentioned in last week's blog that as a Boise Criminal Defense Attorney one of the most common questions I get has to do with DWP and license suspension.  In today's legal analysis I will discuss how you get notice of your suspended license and what happens if you don't get it or you disregard it.

Very frequently people will call my office and say that they were pulled over for some reason or another only to find out that they were driving without privileges and they had no idea that their license was suspended.  The usual question to criminal attorneys is, "Can I be guilty if I never had notice of the suspension?"  The answer to this is yes.

Upon hearing this answer from a Boise Criminal Attorney, people often cry, "Unfair!"  We have all heard that ignorance of the law is no excuse and that is applicable here.  The Idaho Code says that you are presumed to have notice of a suspended license if, you have actual knowledge, you have received oral or written notice by qualified personnel, if the notice was mailed to your home or a reasonable person would have knowledge that their license is suspended.

Actual Notice
The two situations I want to discuss here are the last two.  Recently, I had an individual call my office.  She was very unhappy because she had been pulled over for a traffic infraction.  It was then that she discovered that she was driving without privileges.  She said that she had moved and had forwarded her mail.  For all intents and purposes, she appears to have done everything right, right?  Wrong.

When the Idaho Code talks about notice going to your home, it means the address on file at the Department of Motor Vehicles.  If you move and forward your mail without changing your address at the DMV you are potentially setting yourself up, not only to be cited with a criminal charge, but you are taking the chance that you will get a DWP because you didn't get actual notice of the underlying suspension.  In fact, in Idaho, you have 30 days to notify the DMV of your new address and if you don't you can be cited for failing to do so.

The individual I spoke of felt she was justified because she had notified the US Postal Service of her change of address.  Even if she didn't notify the DMV the notice should have been forwarded to her and she never got it.  You can forward your mail for up to 1 year.  However, after 6 months, you have to request a continuance.  But all this is an academic point because she never notified the DMV of her change of address.

Is there anyway to get passed the "I didn't receive notice"?  Most likely not.  The fourth presumption of notice I mentioned above says that a reasonable person would have known their license was suspended.  This is a legal catch all.  Unless you can show that your notice was not actually mailed to your accurate address on file with the DMV and that there was no way that you had or should have had knowledge of the suspension, you will be presumed to have notice.  This leads you to have to deal with the underlying suspension and avoiding that slippery slope of DWP that criminal attorneys are always talking about.

If you have been charged with a DWP, DUI or any other crime in Idaho and you need to speak to a Boise Criminal Lawyer, give us a call, (208) 472-2383 and see what we can do for you.  You will be glad you did.

Boise Criminal Defense Attorneys - DUI Lawyers 208-472-2383

License Suspension

As a Boise Criminal Defense Attorney I deal a lot with the Idaho Transportation Department.  The reason I have so much contact has to do with license suspensions.

DUI License Suspension

Many people are aware that there is a mandatory license suspension when you are convicted of a DUI.  This is a requirement established by Idaho Statute and the length of which will be determined by how many times you have been convicted of driving under the influence.  The license suspension applies to driving under the influence of alcohol as well as drugs including illegal drugs such as marijuana, meth or over the counter or prescription drugs.

DWP License Suspension

All criminal lawyers will tell you that DWP is a slippery slope and it's true.  If you already have a suspended license because of something like a DUI and you get pulled over, you are going to get an additional license suspension on top of the one that you already have.  It won't start running until the current one expires.

License Suspension for Minors

There are special rules that apply to suspensions for juveniles.  A minor can be be cited with a DUI for any amount of alcohol in the blood stream.  Whereas a license suspension for an adult on a first time DUI would be for 30 days absolute and then between 60-150 days where you can ask for a restricted license, the law is much tougher with minors.  A minor DUI carries a 1 year suspension with a 90 day absolute.

There are other ways that minors can get there license suspended as well.  If a minor, under the age of 17 is convicted of a traffic offense, there are automatically given notice that if they receive another conviction they will have their license suspended for 30 days.  A third conviction would carry a 60 day suspension.  This continues until the minor reaches 17.  If a minor receives a suspension a day before their 17th birthday, the suspension will run its course, regardless of the age of the minor.

If you need to speak to a Boise Criminal Lawyer about a DUI, DWP or any other crime in Idaho, give us a call (208) 472-2383 and see what we can do for you. You will be glad you did.

Boise Criminal Defense Attorneys - DUI Lawyers (208) 472-2383 - Does DUI Apply to Riding a Bike Drunk?

 As a Boise Criminal Defense Attorney I see a lot of off the wall things.  Sometimes they are laws that make a ton of sense but are applied wrong and other times they are down right ridiculous situations.  DUI laws are in place to protect us, but sometimes they fall short.  Driving Under the Influence refers to operating a motor vehicle under the influence of drugs or alcohol.  The key word here is "motor vehicle".  I bring this distinction up because on Wednesday, in downtown Boise, there was an accident caused by an individual who was under the influence of alcohol.  He ran a red light and crashed into a car.  The thing is, he was riding a bicycle.  He wasn't charged with DUI.  Instead, he was cited for running a red light.

Can You Get a DUI on a Bike?
The man wasn't charged with DUI because the law doesn't apply to bikes.  The irony here is that if you are riding a bike when you are drunk you can cause harm to yourself or to others, just like you can if you are driving a vehicle under the influence of drugs or alcohol.  A further goofy situation this causes is, what constitutes a motor vehicle?  You can be cited for DUI if you are riding a scooter and are drunk, but does that apply to an electric scooter?  What if you are riding a bike that has a motor attached?  What if you are riding a bike that has a motor attached but you are riding it using the pedals?  You can see how the situation quickly becomes ridiculous.  The short answer is, no, you cannot get a DUI operating a bicycle when you are drunk.

What Happens if You Cause an Accident Operating a Bicycle Under the Influence?
In true Criminal Lawyer fashion I will say, the answer to this depends upon the situation.  If you run a red light and cause an accident, you will be cited with failure to obey a traffic signal.  If you are riding your bike drunk in a disorderly fashion you might be charged with disorderly conduct or public drunkenness.  If you are drunk on your bike and you crash into the state of Idaho property and cause it harm, you might be charged with destruction of public property - and the list goes on.  This isn't fancy criminal attorney foot work, it just is the state of the law in Idaho.

If you have been charged with a DUI or other crime in Idaho and need to speak to a Boise Criminal Defense Attorney or Boise DUI Lawyer, please give us a call, 208-472-2383 - You will be glad you did.

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.

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