Recreational Marijuana Sales in Washington - What Does it Mean to a Boise Criminal Lawyer

Marijuana Legalization - A View from a Boise Criminal Attorney

Like it or not, marijuana is legally for sale for recreational purposes in Washington beginning today.  Gone is the need for the medical marijuana card.  Gone is the need for the note from the doctor that shows the state that you have chronic pain and therefore qualify for medical marijuana.

Recreational pot use is good news for some.  However, many don't like it. Medical marijuana users, for example, are angry.  They no longer are in a "special" category.  Sure, they can buy pot without the doctor's note but the fact that so can everybody else makes them uneasy about supply.  The state of Washington has limited the amount of pot you can buy per day to 1 gram.  In part that limit is to curb use, but it also reflects that there technically could be a shortage.  The price also reflects that demand is high and supply is low. Others are angry because they still consider marijuana a gateway drug despite the fact that the number of "only" marijuana users (those who don't use any other elicit drugs) has "officially" risen to 38%.  This number increases greatly when you look at the 18-35 year old demographic.  It is not uncommon to hear about "Mommy's for Pot Legalization" or Friends and neighbors who swap babysitting so that the parents can get high without the kids around.  They in turn watch their friends' kids to return the favor.  What I am trying to say is that pot use is becoming common place whether it is labeled gateway drug or not, and it is being legalized whether anyone likes it or not.

Legalized Marijuana Possession - Effect in Idaho

What does legalized recreational pot mean for an Idaho Criminal Attorney?  In reality it may not mean anything different than what medical marijuana has.  Or, it may mean that with greater availability and access more people will feel more comfortable crossing the border, buying pot and returning to Idaho with it.  A user/client I have spoken to recently confessed that he would prefer to drive to Washington, buy the pot legally and return to Idaho illegally with it rather than buy the hooch on the streets, even though right now, street pot is less expensive.

Another consideration for a Boise Criminal Lawyer is sales within Idaho and what that does to an uptick in possession charges as well as drug trafficking charges.  Although the law in Washington states that you can only purchase 1 gram of pot per day, there is not tracking software in place.  While this seems ironic because the legalization of marijuana in Washington is heavily monitored, there is nothing to stop someone from shopping at different stores and stock piling pot.  Although it is currently expensive, one could foresee once supply has increased and the price decreases, stock piling of marijuana could be an entrepreneur's dream come true.

Quickly, another consideration; this time from Boise DUI Lawyers.  I always feel it is important to remind people that possession of marijuana, intent to deliver or possession of paraphernalia are not the only charges they need to be concerned about when it comes to marijuana use and possession.  The Idaho Code includes in the offense of DUI, being under the influence of drugs.  If you are stoned and operating a motor vehicle you can be charged with a DUI. It is distinctly possible that there may be more DUI charges in Idaho as a result of the legalization of recreational marijuana in Washington.  That, however, remains to be seen.

And one final consideration from the perspective of a Boise Divorce Attorney;  Often in divorce cases there are allegations of drug use.  These are used control or eliminate visitation rights.  For example, if one party claims there is drug use in the other party's home, a judge may order a pee test or a hair follicle test.  If they turn up positive the judge has grounds to suspend, reduce or otherwise alter the party's visitation rights.  But what happens if you visit, live, work or in Washington and while in Washington you use marijuana legally? Can the court penalize you if you didn't break any laws?  Will providing the court proof that you were in Washington change the outcome of a family law judge's decision in Idaho?  These are questions which remain to be seen.  It seems that legalized recreational pot use may not only affect criminal law but will also have an affect upon divorce law.

Can You Legally Possess and Use Pot in Idaho?

As a Boise Criminal Attorney I have gotten a few calls from folks wondering about legalized marijuana. They want to know, "if it is legal in Washington and I buy it there, isn't it then legal in Idaho?"  And the answer is "no".  Marijuana possession and use still remains illegal in Idaho.

Again, this is a case of like it or not.  All sorts of Constitutional Lawyers can debate the full faith and credit laws and get no where.  A judge in Idaho won't even consider a person with a medical marijuana card in possession of pot in Idaho a valid defense.  Federal law, in fact, still states that possession of marijuana is a crime even in Washington.  Suffice it to say this topic goes deeply into states' rights v. federal laws which I will save for another day.

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

Boise Divorce Attorney - 208-472-2383 - The Connection Between Family Law and Criminal Law

Divorce Law and Criminal Law - Unlikely Bed Fellows
As a Boise Divorce Attorney  I am often in both the divorce court and the criminal court.  To some people family law and criminal law seem like unlikely bed fellows.  Unfortunately, they can  and often are connected.

There are two main times in a family law case that criminal law a domestic law come into contact with one another.  The first connection is through contempt and the other is through domestic battery.  There are other situations that will bring the two together, but these two are the most common.

Contempt of Court in the Divorce Context and Criminal Charges
First, let's talk about contempt.  Contempt of Court occurs when someone intentionally disobeys a court order.  In the divorce or family law context that can happen when one party is ordered to something and they don't.  Common examples are failure to pay child support, failure to pay medical bills, failure to make a solid effort to refinance a community home.  Contempt can carry criminal charges with it.  If your ex-spouse fails to perform in a way the court has ordered your divorce attorney will file a motion for contempt.  Ultimately, it is up to the judge, but that motion can ask for criminal sanctions such as a fine or jail time.  Generally, however, the motion is filed and the filing of the motion is enough to get the other side to pony up the money they owe or to do what they were ordered to.  Sometimes, however, they simply can't pay the money that was owed, could not refinance the house or were not given the proper notice for their obligation to kick in.  These are justifying circumstances which the judge will consider in deciding what to do.

Domestic Battery as a Criminal Charge in Divorce
Another situation where criminal law and divorce law meet are in the case of domestic battery.  While battery is a criminal charge if the battery occurs within a domestic relationship it is handled in the family law court.  That does not mean, however, that it does not carry criminal sanctions.  It does and they are very serious sanctions.  If a domestic battery is found to have occurred, the perpetrator will be ordered to stay away from the victim and if they don't they can be arrested and sanctions will be brought against them.

If you have found yourself in a situation where you need a divorce attorney, a criminal lawyer or both, give us a call, 208-472-2383 and see what we can do for you - You will be glad you did.

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

DUI During the Holidays
As a Boise Criminal Attorney, the Holidays often bring a flurry of calls from individuals charged with DUI. While it may sound obvious, there are many things that can lead to a DUI this time of year. Christmas parties, family celebrations and New Year revelry are all leading factors resulting in driving under the influence of alcohol. These aren't the only instigators, however.  As a Boise Divorce Attorney I see the toll that divorce and custody issues take on individuals during the holidays.  The stress associated with breaking up, coordinating visitation schedules and being alone during the holidays all effect the probability of ending up with a DUI.

Who Gets a DUI?
It is important to remember that law enforcement is aware of the increased use and abuse of alcohol this time of year.  They are on watch for individuals imbibing and driving.  Evidence of this is the recent DUI charge against Idaho Senator Mike Crapo.  Mr. Crapo is not unique in this holiday criminal charge.  Every day of every year I get calls into my criminal law office from individuals that have been charged with DUI and many many of those people say that they thought that they could drive and that they hadn't had that much to drink.  It is very likely that Senator Mike Crapo thought that same thing when he got behind the wheel and ended up blowing a .11 this week in Washington D.C.

Don't Let a Criminal Charge Ruin Your Fun
The Holidays are generally a happy time, but don't let a DUI ruin your celebration.  We should all be able to enjoy this time of year but make sure you have a designated driver, take a taxi or even walk.  Walking is great exercise and helps burn off the alcohol in your system, not to mention the extra calories consumed drinking.  Now that the Boise taxi companies have the ability to take debit and credit cards, there really is no excuse for not taking advantage of a sober driver.  If your holiday season is sad and lonely and if you are down in the dumps because of a divorce or custody battle and you are alone during this season, don't let yourself be taken down further by being charged with driving under the influence.  Instead of turning to alcohol, it is better to find someone to talk to.  It could be a family member, a member of the clergy, your divorce attorney or a counselor.  No one should suffer alone and those people are there to help you.  Don't let a DUI ruin the holidays for you or your family.

If you have been charged with a DUI or you have a family law issue and you need speak to a Boise Criminal Attorney or a Boise Divorce Attorney, please give us a call, (208) 472-2383.  You will be glad you did.

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

As a Boise DUI Attorney people often express their exasperation to me about DUI law in general.  One particular thing that really gets people wondering is the use of various terms in criminal law.  Excessive, Aggravated and DWI are three terms people always ask me about.


What is the Difference Between a DWI and a DUI?
Many criminal attorneys answer this as a regular part of their criminal law practice.  Most forty-five + year olds remember the days when the drinking age was 19 (18 in some states) and if you got caught driving while intoxicated you were charged with a DWI.  DWI means just that.  It was changed, however, because the law encompasses more than mere intoxication.  You can also be impaired as a driver if you are driving under the influence of drugs, whether they are illegal drugs, like marijuana or meth, or legal prescription or over the counter drugs.  The term DUI means driving under the influence which incorporates under the influence of drugs or alcohol.


Excessive DUI
There is ordinary DUI charge and there is a charge for an excessive DUI.  A standard DUI means that you were operating a motor vehicle with a blood alcohol content of .08% or greater or under the influence of drugs.  An excessive DUI means that you were driving with a BAC of .2% or greater.  It is excessive because the level of impairment created.

The penalty for an excessive DUI is basically one step up from a regular DUI.  The penalty for a first time excessive DUI is the same as for a second time DUI.  The tiered penalty is created because of the degree of impairment.

Aggravated DUI
As a Boise DUI Lawyer people often ask me what the difference between an excessive DUI and an aggravated DUI is.  Excessive has to do with the amount of alcohol in your system and the degree of impairment, whereas aggravated is a term used to describe the level of harm or potential harm.  An aggravated DUI means that you were driving under the influence of alcohol or drugs and you caused an accident which caused great bodily harm, disfigurement or death to another individual.

Any DUI charge is a serious circumstance.  If you want the best representation available from a Boise DUI Attorney give us a call today, 208-472-2383 - you will be glad you did.

Boise Divorce Attorney - Idaho Family Law Lawyer - Adoption in Idaho

Adoption - Family Law
Adoption falls into the category of family law, not because it involves divorce issues necessarily, but because it involves the family.  In the Idaho Code the law for adoption falls under "juvenile proceedings".  This is often confusing to people because generally we tend to think of juvenile proceedings as criminal law associated with minors.  It is simply located here because adoption generally refers to children.  In Idaho, however, you can also have adult adoption.  As a Boise Family Law attorney people often ask me who can adopt and who can be adopted.  This not only involves the people, but the circumstances surrounding the adoption.

Who can adopt and who can be adopted?


Adult Adoption in Idaho
Adoption law in Idaho has evolved over the years.  At one point adult adoption was an acceptable thing to do.  In the early 90's that was change to disallow the adoption of adults only to return once again to the current status of allowing adult adoption.  

As a Boise Family Law Lawyer, I often get confused looks when I speak about adult adoption.  Why would this ever happen?   In general this situation revolves around an adult who has been cared for as a child or young person by someone who was not their parent.  Why the family never adopted the adult as a child can be as varied as snowflakes.  As the law stands currently, you must show that there has been a parent/child relationship for at least 1 year and that a substantial family relationship has been formed.  So why would someone want to be adopted as an adult?  Here too there can be many many reasons, but in general the adoption process legally creates a parent/child relationship.  From a probate and estate planning perspective, a child can inherit without the formality of a will.  It acknowledges the family relationship that has been established.


Adoption of a Child - Consent
When we speak of adoption, we generally refer to children.  The Idaho Code establishes how a child is adopted, who can adopt and what the respective rights of the parties involved are.  An interesting change in the rights and responsibilities is in respect to unmarried fathers.  At one point the law would not allow a father's rights to be terminated without his consent.  The consent had to be actual or at least established by a failure of the father to come forward.  Now the law establishes that there must be an active role in the interest and upbringing of a child or the father stands to loose his rights, without his consent.  In fact, the Idaho Code places the rights of the perspective adoptive parents, the child and the mother over that of an unmarried father, when that father has not taken his rights and responsibilities seriously.

Another interesting issue having to do with consent and adoption that I see as a Boise Family Law Lawyer is as it relates to divorce law.  If a couple is in the process or divorce, but not legally separated, neither party can adopt a child without the consent of the other party.  From a divorce attorney's perspective this is logical because it prevents a party from being given the responsibility of parenthood  via adoption when there is an impending divorce.  The adoption would create custody and child support issues and therefore the law requires both parties to agree to this responsibility.


Unmarried Persons Seeking to Adopt
While there is no specific law referring to who can adopt, we often think of adoption by a married couple.  Idaho allows for unmarried persons to adopt when it is shown through the social services investigation that they can provide a stable home life for the child.  

Age of Adoptive Parent
Another factor that can effect who can adopt is age.  You must be at least 15 years older than the person being adopted or 25 years or older.  This, however, does not apply if you are married to the child's parent and you can show you have established a substantial parent/child relationship for at least 1 year.  

If you are seeking to adopt a child or have another Family Law issue, including divorce, custody, child support, modification or domestic violence, please give us a call, (208) 472-2383 and see what we can do for you. 
 
 
 

Boise Divorce Attorneys - Bankruptcy Lawyers - Criminal Lawyers - What Do They Have in Common?

Want to Hear a Lawyer Joke?
What do Boise Divorce Attorneys, Boise Bankruptcy Lawyers and Boise Criminal Lawyers all have in common?  Well, sounds like a joke doesn't it?

Contrary to what you might think, divorce lawyers, bankruptcy attorneys and criminal attorneys actually offer overlapping legal representation.  Who would ever think that divorce, bankruptcy and criminal law were related?  Welcome to the wonderful world of the law.  Let me give you a few examples of where each area of law overlaps with the other.

Divorce and Criminal Law
Let's start with divorce.  Elements of a divorce can enter the criminal world in a couple of ways.  When there is domestic violence, crime enters family law.  The unique thing about domestic violence is it can be handled in the divorce court, rather than the criminal court.  This doesn't mean that it necessarily stays there, because it can move to criminal court if there is a violation or if violence is perpetrated upon an individual, but the initial charge starts there and stays there unless further violence occurs.

Another issue where divorce and criminal law are brought together are destruction of community property.  In Idaho it is a crime to destroy property of the community.  It falls under the crime of malicious injury to property.  This crime doesn't necessarily always occur during a divorce and if you intentionally damage your property you can be charged with a crime whether you are in the middle of a divorce or not.  A related crime is the failure to preserve community funds.  If you are getting a divorce and you run out and spend a ton of money on something wholly unnecessary or gamble away your savings, you have just squandered community funds and can be charged with a crime for it.

Another area that divorce and criminal law come into contact is in child support and paternity.  If a mother, knowingly pretends that a man is the father of her child and collects child support for that child from that man, she can be charged and required to pay back the support taken from the man.

Divorce and Bankruptcy
The relationship between bankruptcy and divorce is a slightly different relationship than connection between divorce and criminal law.  Bankruptcy plays apart in divorce in two situations.  The first situation is when you file for bankruptcy and then you file for divorce.  Part of Chapter 7 bankruptcy is a means tests.  Income is based upon the family income.  If your income goes down you may qualify for a Chapter 7 when before you did not.  The community property also becomes an issue when the property has been divided pursuant to a divorce decree.  When one party files bankruptcy and there is a piece of property with an outstanding balance on it, if it was acquired by the community, it is possible that the creditor can come after the other party for the outstanding balance.

Bankruptcy and Criminal Law
The relationship between criminal law and bankruptcy is one of fraud.  Fraud can rear it's ugly head anywhere and this is not exception.  If you fraudulently file for bankruptcy or provide false information on your bankruptcy petition or any of the schedules, you can be charged with a crime.

If you need to speak to a Boise Divorce Attorney, a Boise Criminal Lawyer or a Boise Bankruptcy Lawyer, 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

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