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

Every year in Idaho well over 10,000 people are arrested on DUI charges.  As a Boise DUI Attorney, I see a fair number of individuals who fit within this statistic.  Some of these people flat out admit to driving while under the influence.  Many will say, "I only had a few beers, there's now way I was drunk" and still others will say, "The cop had no reason to pull me over".

The Idaho Transportation Department offers some advice on DUI and DUI stops in Idaho.  They say that there are some key activities that the Boise Police and all police in Idaho look for when determining if they have probable cause to pull someone over on suspicion of driving under the influence.  In general they say that people who are driving drunk make wide turns, cross lines, weave or swerve, stop for no reason, drive too fast or too slow and/or have a delayed response to things like traffic signals.  While I know a few really bad drivers who fit this profile stone cold sober, most people don't drive this way unless they are somehow impaired or distracted.

What happens if you are driving this way and you haven't been drinking?  There are several possibilities that I see regularly as a Boise Criminal Defense Lawyer.  Firstly, when you drive this way you give the police a reasonable suspicion that something is going on in your vehicle that shouldn't be happening and thus they can pull you over.

So what types of things do they find?  A very frequent scenario I see in the role of criminal lawyer is driving under the influence of drugs.  Now this may mean illegal drugs, over the counter drugs or prescription drugs.  Obviously, if you have illegal drugs in your system you will be charged with a DUI and possibly possession and any other derivative of that based upon what evidence the police find.  If you have over the counter drugs or prescription drugs in your system you may or may not be charged with DUI.  These cases tend to turn on evidence provided by a physician.  As a defendant what you need is for a doctor to say that the amount of that drug you had in your system would not have impaired you and that you should be able to drive with that amount in your system.  If you can't show this you can be charged with a DUI.

Even if you can show that the amount of drugs in your system didn't effect your driving, you might still be charged with a crime.  Reckless or inattentive driving is another situation I see regularly as a Boise Criminal Attorney.  Those wide turns mentioned about might endanger children in a school zone or speeding through a neighborhood could constitute a reckless disregard for human life.

Another fairly new scenario is texting while driving.  This isn't so much of an impairment, rather it is a distraction.  If you are texting while driving you may only be cited for TWD.  You, however, depending upon the level of your distraction and whether or not you cause harm, may also be charged with reckless or inattentive driving.

The long and short of it is that those signs the police look for to establish cause to pull you over on a DUI can also lead to other criminal charges, because, like I mentioned above, I know some really bad drivers, but...

If you need a Boise DUI Attorney or an Idaho Criminal Defense Lawyer, give us a call and see what we can do for you, (208) 472-2383.  Call now - 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.

Boise Criminal Lawyers - What Happens When You Are Charged With a Crime in Idaho?

What Happens When You Are Charged With a Crime in Idaho?

As a Boise Criminal Lawyer I regularly get anxious calls from individuals who have been charged with a crime in Idaho.  Not only are they looking for a criminal defense attorney, but in general they are very concerned about what is going to happen next.  What happens next depends upon a couple of factors such as if the crime was a felony or a misdemeanor and if you were released on bond or if you are being held in jail.

Bond Hearing or How Bond is Set and How Do I Know When to Show Up in Court?

If you are arrested and released on bond, the court will send you a summons.  This summons will tell you where and when you need to show up.  If you were not released from jail you will be held at least until your arraignment.  After your arraignment you can request a bond hearing.  At the bond hearing the judge will look at several factors to determine if you qualify for bond and what dollar amount the bond should be.  The judge will look at your employment situation, family relationships, ties to the community, the nature of your crime and if you have committed a crime before.  Sometimes you will be released on your own recognizance, meaning you have sufficient credibility to be trusted to come back and the crime was not extremely serious.  If you are charged with a crime that is punishable by death, you will not qualify for bond.

Arraignment

An arraignment is a formal charging of a felony charge.  You will go before the court and the judge will read the charges against you.  This is not your time for trial.  The judge will determine if you are eligible for a public defender, a criminal lawyer provided by the state.  The judge will also ask you to make an initial plea of guilty or not guilty.  You should never make a plea without the advice of a criminal lawyer because it is very important that you are fully informed before you say you are guilty.  Because criminal law is based upon your Constitutional Rights, you may not be found guilty of a crime, even if you committed it, if your rights are violated.

What’s Next?

This depends upon the nature of the crime.  If you were charged with a misdemeanor, you received a summons with a court date.  If you hire a criminal attorney, he or she will usually file a plea of not guilty.  This doesn’t ultimately mean that you won’t accept a plea arrangement, but this gives your criminal attorney time to see what evidence that state has against you and to determine if your constitutional rights were violated.  The court will set a trial date.  If by the time of trial, it is clear that the state has enough evidence to convict you, your attorney can work with the prosecuting attorney for a plea agreement.   At the trial date, you will change your plea of not guilty and submit the plea agreement to the judge for approval.  If the state does not have enough evidence to convict you, your case will go forward to trial.

If you have been charged with a felony, you will have the option of having a preliminary hearing.  Here, in the Magistrate Court, the state’s attorneys have to show that there is a likelihood that you committed the crime.  If they are able to show this you will be “bound” over to the District Court.   Once you reach this stage you and your attorney will either prepare for trial or your criminal lawyer will work with the prosecuting attorney for a plea agreement.

Important Considerations

In all criminal law matters in Idaho, there are important deadlines and time frames.  It is important to have an experienced Idaho Criminal Lawyer who knows what these are and how to deal with them.  The last thing you want to do when you are charged with a crime is unknowingly waive your rights because you missed a deadline or a time frame.

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

Boise Family Law Lawyers - Guardianships

Guardianship

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.

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.

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

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.

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.

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.

Boise Criminal Attorney - Criminal Defense Lawyer in Boise - Effect of Probation or Parole Violation

Boise Criminal Attorney, Criminal Defense Lawyer in Boise, Idaho call (208) 472-2383.  Criminal Defense, DUI, felony, misdemeanor all crimes in Idaho.

I think one of the most frequent phone conversations Boise Criminal Attorneys have is in regard to probation or parole violation.  In general, when you are convicted of a crime or plead guilty to a crime in Idaho, you are placed on probation or parole.  A violation occurs when an individual does something which is in violation of the terms of the probation or the parole.

First, let me explain the difference between probation and parole.  Probation refers to a temporary period after which you have been convicted of a misdemeanor and often have done jail time or been given probation in lieu of jail time.  You may be instructed to commit no further crime or to complete some court required program.  Parole refers to a temporary period after which you have been released from prison.  It involves a felony conviction and is a condition of release.  Parole often requires that the individual stay out of trouble, commit no further crime and often requires that they complete a court ordered program.  When parole or probation occur due to a crime involving alcohol, like a DUI, the parole or probation will require that there is no intake of alcohol by the individual and they will be routinely monitored to ensure compliance.

So, when you receive a parole violation or a probation violation, it means that you have not completed a required condition or you have done something in violation of the conditions of your release or plea.  Boise Criminal Lawyers see this often.  If an individual commits a crime while on probation or parole, they then have two criminal charges that now need to be dealt with.  Those charges can be either felony, misdemeanor or both.

As a Boise Criminal Lawyer I try to explain the slippery slope of probation and parole.  These conditions are awarded for good behavior or mitigation circumstances, but if you don't comply with the terms the hammers come down upon you.  Take for example a probation agreement for a DUI.  If it is your first time DUI, your Boise Criminal Attorney will explain your sentence to you which most likely will include a fine and jail time, part or all of which is suspended.  If you get a subsequent DUI, any of the jail time that was suspended will be reimposed upon you.  Now, not only do you have to serve the new jail time for the second time DUI, but you will also be ordered to serve the remaining jail time fro the original DUI charge.

If you have been convicted of a crime in Idaho or have received a probation or parole violation and need to speak to a Boise Criminal Lawyer, please call (208) 472-2383

Boise Divorce Attorney - Idaho Criminal Lawyer - Criminal Issues in the Divorce or Custody Context

Boise Divorce Attorney, Idaho Attorneys; Divorce Custody, Family Law, Criminal Law, DUI, Probate, Employment Law, Personal Injury and Small Business Law call (208) 472-2383.

As part of my practice as a Boise Divorce Attorney I regularly deal with domestic violence and crime affecting the marital state.  These crimes tend to revolve around divorce or the break-up of a relationship.  There are generally two types of violence affecting the marital state.  The first is domestic violence.  Boise Divorce Lawyers see this as a regular part of their divorce practices.  The way it works for domestic violence is a party or their lawyer will file for a temporary restraining order.  This filing allows the party to get what is known as an ex parte hearing.  This allows the victim of abuse to get an expedited hearing and the restraining order in place before any harm can be done or further harm is done.  These are often used in the divorce context because the marital union is breaking down and frustration can lead to anger.  Domestic violence cases also often surround custody battles.  Ex parte hearings involving domestic violence can be subject to abuse.  Sometimes people, out of spite will claim domestic violence when the cantor of their relationship does not rise to the level of abuse.  

Upon the placement of the temporary restraining order the accused party is given an expedited hearing so that they or their divorce lawyer can present evidence why the claim is unwarranted.  If there are no grounds for the temporary order the judge will dismiss it, often with the warning that domestic violence is nothing to cry wolf about.  If the attorney and the victim are able to demonstrate through competent evidence that domestic violence exists and harm is likely without the restraining order, the judge will issue a no-contact order.  This means that the parties are to have no contact for a specified period, except through their attorneys for necessary things like those things pertaining to the divorce or custody.

The domestic violence outlined above, although it is of a criminal nature, is often handled by a Boise Divorce Attorney.  There is a situation where crime within the marital union may necessitate the help of a Boise Criminal Lawyer.  There is something known as malicious injury to marital property.  This is when one spouse destroys community property assets.  This most often occurs pursuant to a divorce or a custody battle, when once again, because of frustration, anger rears its ugly head.  Malicious injury to marital property is a crime in Idaho.  The penalty for the person responsible for the destruction depends upon the aggregate value of the property destroyed.  If the value of the property is $1,000 or less, the perpetrator can be sentenced up to a 1 year in jail, a $1,000 fine or both.  This is a misdemeanor charge.  If the value of the property is greater than $1,000 there is a minimum 1 year jail sentence, but depending upon the value and the circumstances of the harm, the sentence can be as much as 5 years in prison.  In addition there can be a fine of up to a $1,000.  When you are convicted of malicious destruction to marital property and the value of the property is greater than $1000 the crime is a felony.

A domestic violence charge in connection with a divorce or custody battle will be handled by a family law judge in family law court and can be handled by a Boise Divorce Attorney.  A malicious destruction to marital property is a criminal charged to be handled in criminal court.
If you are seeking a divorce or custody, or have domestic violence or marital crime issues and need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383.

Boise Divorce Attorney - Idaho Family Law Lawyers - Child Support

Boise Divorce Attorney, (208) 472-2383, Kershisnik Law, Idaho Family Law Lawyers, divorce, custody, modification, child support, family law.

As a Boise Divorce Attorney I regularly deal with child support issues. Child support can be associated with a divorce, custody, paternity or modification.  In any of these areas, child support can also revolve around public assistance.
When a parent with a child support order is on state assistance that parent does not receive both state assistance and the child support payment from the other parent.  They must assign their right to child support payments to the state in exchange for continued receipt of public assistance.  If the other parent was in arrears (behind on child support) prior to the parent applying for assistance, the right to those monies remain with the parent and are not assigned to the state.

The policy behind the assignment of the right to the child support money is to prevent double dipping.  What this means is that part of the public assistance monies received by needy families provides for their support so getting public assistance as well as child support would be unfairly benefiting.  The parent who owes child support pursuant to the divorce decree, custody order or modification order still owes the child support, but that support goes to reimburse the state of Idaho for providing support for the children.

If are seeking a divorce, custody, child support or any other family law issue and you need to speak to a Boise Divorce Attorney or an Idaho Family Law Lawyer, please call (208) 472-2383. You can also visit our website and fill out the quick contact form and one of our attorneys will get right back to you. There you can tell our lawyers how you would like them to contact you.

Boise Criminal Attorney - Idaho Criminal Defense Lawyer - Medical Marijuana

Boise Criminal Lawyer, DUI Attorney, Criminal Defense Lawyers, call (208) 472-2383

Medical marijuana has come to the forefront of criminal law issues primarily because it is legal in some states and not legal in others.  In addition, in those states where it is legal, the laws governing possession of marijuana for medical use vary from state to state.

The biggest issue Idaho is confronted with and the one I see the most often as a Boise Criminal Lawyer, is when an individual holds a medical marijuana card from a state where possession is legal for medical purposes and they enter Idaho with their "medicine".  In their home state their possession is legal, but once they cross state lines does their possession become a matter of criminal law?

The Idaho Supreme Court has not yet addressed the issue of possession of medical marijuana in Idaho by an individual with a valid marijuana prescription from another state.  According to the United States Constitution, Idaho should recognize the validity of the prescription and not treat it as a criminal matter because of the Full Faith and Credit Clause.  So far, this has not been the case.  In March of this year a woman from Humbolt County, California was arrested for possession of marijuana and paraphernalia in Freemont County, Idaho.  Although she had a valid medical marijuana card she was arrested, according to the prosecuting attorney in Freemont County, because Idaho does not recognize medical marijuana cards from other states.  The woman plead guilty to possession and went on her way.

Although Idaho should afford Full Faith and Credit to the marijuana laws of other states it is unlikely that it will.  Idaho is a conservative state and will undoubtedly use the "Public Policy" exception to get out of honoring sister state's laws.  Think if the laws of other states were not honored in other areas.  Idaho, prior to 1996, recognized common law marriage, but many other states do not.  Because of Full Faith and Credit, if I were common law married in Idaho my marriage would be recognized as valid in a state that did not have a common law marriage law.  Another example is divorce.  Idaho has several grounds for divorce but not all states have the same grounds.  What if I am divorced in Idaho on the grounds of extreme cruelty and then I step into a state that does not recognize those grounds.  Would my divorce be valid?  Yes, it is because of Full Faith and Credit.

As for criminal law, the Full Faith and Credit Clause applies as well.  Domestic Violence orders will be recognized by other states besides the issuing one.  As for medical marijuana, however, it remains to be seen.  My advice if you are like that poor woman from Humbolt County?  Get a good Boise Criminal Lawyer who can either get you a good plea bargain or take your case to the Supreme Court.

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