North Idaho Law Group, PLLCNorth Idaho Law Group, PLLC2024-02-14T19:58:20Zhttps://www.northidaholawgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1302733/2022/06/cropped-icon-32x32.pngOn Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544432024-02-12T19:59:37Z2024-02-14T19:58:20ZWhat is a deposition?
A deposition is a formal process in which testimony, sworn to by the witness being deposed, is taken outside of court and well before trial. Therefore, you can depose the prosecution’s witnesses to find out what they know and how they intend to testify.
Depositions can play a key role in building your criminal defense. Here’s why:
You can learn new information: During a deposition, you have free reign to ask questions of a witness, even those that otherwise may be objectionable. This raises opportunities to learn information that you might not have known. If that happens, then you can continue your investigation into the alleged crime, which could open doors to new defense arguments.
You can pin witnesses to their testimony: Since depositional testimony is sworn to under penalties of perjury, you can hold a witness to the statements that they make. So, if their story changes over time or they testify in a contradictory fashion at trial, then you can point out the inconsistencies to raise doubt as to the witness’s reliability. This can help dampen what otherwise could be powerful evidence against you.
You can obtain spontaneous statements: During the discovery process, you can send written questions to be answered by witnesses, but this allows them time to reflect on how to frame their answers. Oral depositions, though, can elicit true yet spontaneous statements that can be very beneficial to your criminal defense, making this discovery tool even more powerful.
You can gauge witness demeanor: Remember, testimony isn’t all about what’s said. It’s also about how it’s said and how the witness acts when testifying. If you conduct a deposition and find that a witness is uncomfortable when answering certain questions, then that’s a clue that you can use to further explore the issue questioned about with them and other witnesses.
Leave nothing to chance in your criminal case
The outcome of your criminal case can have a profound impact on your future. If you’re not careful, diligent, and aggressive, then you could find yourself facing jail or prison time, ruinous fines, and damage to your reputation, career, and family life. That’s simply too much to leave to chance.
That’s why building a thorough criminal defense is your best chance of shielding yourself from these harsh penalties. Creating an aggressive defense is going to take time and effort, though, which is why now is the time to get to work. Don’t be daunted, regardless of how stressful the process may seem, as there are ways to find support as you navigate this tough time in your life.
]]>On Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544412024-02-02T14:56:53Z2024-01-15T20:51:38ZAll Idaho drivers may have heard of breathalyzers -- the chemical breath test devices police use when they pull over a driver on suspicion of drunk driving. However, there are a lot of common misconceptions about these devices, and these misperceptions can have a profound impact on the rights of a person who is accused of DUI.
The most important of these misperceptions has to do with the reliability and accuracy of these devices.In this blog post, we'll take a look at some of the issues involved, and how they can affect your defense if you are facing DUI charges.
What are these devices for?
First, let's start with the name. These devices are commonly known as breathalyzers, but in fact, Breathalyzer is a brand name and Idaho police use different brands of these devices. What all these devices have in common is that they are designed to measure the amount of ethanol in a person's breath. Ethanol is a chemical present in the type of alcohol that we drink.The reason police use these devices is to collect evidence that you are too intoxicated to legally drive. Generally, this means you have a blood alcohol concentration, or BAC, of 0.08%.
Do these devices measure BAC?
If you read the previous few sentences closely, you might have noticed that a couple things didn't quite match up: The chemical breath test devices measure ethanol in a person's breath, but the real test of intoxication is the amount of alcohol in a person's blood.In other words, handheld chemical breath analyzers don't actually measure BAC. To get an accurate rating of a driver's BAC, the police need a different kind of test -- ideally, a blood test.Police can conduct a breath test at a roadside traffic stop, along with asking a driver to walk in a straight line and all the other tasks they might ask in a roadside sobriety test, but they cannot draw a person's blood. Instead, police must drive the suspect to a facility where a licensed professional draws the driver's blood for a test.Before the police can drive a person to a different location and have their blood drawn, they generally need a warrant. To get a warrant, they need to show evidence to a court. A chemical breath test can serve as this evidence. So, the breath test at the roadside is largely a way for the police to get a warrant.However, in some situations, the police aren't able to get the blood test in a timely manner, and so when the driver stands trial, the breath test result is the best evidence available to the prosecution.
How strong is this evidence?
Breath test results can be unreliable. The devices must be calibrated accurately, and the police officers involved must be trained in their proper use.But even if the device is working as it should and the conducting officer is well trained, other factors can lead to inaccurate results.Remember when we noted that ethanol is present in the alcohol we drink? Well, ethanol is a naturally-occurring chemical, and it may be present in other things. In some cases, these devices show inaccurate results just because a person has eaten a short time before blowing into it. In other cases, people with diabetes have shown high ethanol ratings even if they have consumed little or no alcohol beforehand.
Defending against DUI charges
All the above may seem very technical, but by now, you may have started to see why it can be important to your DUI defense. If the best evidence the prosecution has against you is a breath test result, and you can show that this evidence is unreliable, you can strike a powerful blow to the case against you.
]]>On Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544392023-12-11T19:39:35Z2023-12-11T19:39:35ZTop strategies for defending against DUI charges
You might feel defeated as you prepare to head into your drunk driving case, but you might have strong criminal defense options at your disposal. Here are some that might give you an edge in your DUI case:
Illegal stop: The police have to have reasonable suspicion that you’ve committed a criminal offense or traffic violation before initiating a stop. If they lack that suspicion, then the stop is illegal, and any evidence gathered as a result of that stop is illegally obtained. So, if evidence supporting your DUI charges came from an illegal stop, then you can probably block key evidence from being used against you, which in turn will likely get your case dismissed.
Error-prone field sobriety tests: The police and prosecutors often rely on the results of field sobriety tests to initiate drunk driving arrests. Yet, these tests are often riddled with issues, from improperly given instructions, failure to take into account a driver’s medical conditions, and inaccurate observations. You might give yourself a leg up on your case if you can show that law enforcement made mistakes in the administration of your field sobriety tests.
Inaccurate breath test results: Breath tests results are often treated like the holy grail in a DUI case. But these results can be highly inaccurate. Testing machines can be improperly stored and calibrated, and errors made during the test itself can skew the test’s results. For example, if the test is administered at a time when you’re still belching, then the blood alcohol concentration can come back erroneously high. Be sure to look for any breath test issues so that you can highlight them in your DUI case.
Chain of custody issues: When evidence is collected, including blood samples, it must be handled and stored properly to ensure that it doesn’t become compromised in some fashion. If you can demonstrate chain of custody errors, then you might be able to raise doubt as to its validity, which could put you in a stronger position than you initially imagined.
These are just some of the criminal defense strategies that you might have in your DUI case. So, be sure to diligently assess the facts of your case so that you can find the best path forward for you.
Are you ready to fight back against the prosecution?
Your future is on the line in your DUI case. That’s why now is the time to get to work building your defense. Figuring out how to navigate your drunk driving case can be challenging, but help is available if you choose to seek it out. What’s important to remember is that you have rights and options when it comes to fighting back against the prosecution. So, be prepared to act on them to protect your future.]]>On Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544382023-11-21T16:00:54Z2023-11-10T15:57:19ZExercise your right to remain silent
You have rights in these situations. One of the most important rights is your right to remain silent. Most people have heard of this right, since it is the first one read to people when they are arrested. You should always exercise this right.
This means saying nothing, even if the police officers are asking you direct questions. The only information you should give is your name. If you were pulled over in your vehicle, provide your driver’s license and registration if asked. Other than that, say nothing.
You have a right to an attorney. Your request for an attorney should be clear and explicit. Once you request an attorney, police officers should stop questioning you.
However, sometimes the officers might not understand your request if you do not make it direct and unambiguous. Mumbling something about maybe needing an attorney or asking them if you need an attorney might not be understood or taken as a request for an attorney.
You have a right to leave
A right that some people may not realize they have is the right to leave the scene if they are not under detention or arrest. At some point, the police officers must stop questioning you or arrest you. They cannot make an arrest without probable cause.
The way you act can increase your chance of a positive outcome. Stay calm and be honest. Lying or giving the police officers false information is only going to potentially result in additional criminal charges.
Never resist arrest or argue with the police officers. When your rights are violated, the time to fight this is not at the time of the arrest, but the rights violation can be used as part of your criminal defense to argue for a dismissal of the charge.
Remember details about the encounter
Document the interaction with the officers as soon as you can afterwards. Write down the date, time and location of the encounter and the names and badge numbers of the police officers. Write everything that happened, including what everyone said and did and get a copy of the police report.
Facing a criminal charge is stressful and overwhelming. A good defense starts with examining everything that happened from the beginning, from your first interaction with law enforcement.]]>On Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544372023-10-16T06:21:24Z2023-10-16T09:20:27ZAlcohol, drugs and a concealed weapon can be problematic
When people talk about alcohol and drug-related crimes, they most frequently believe that will be connected to driving under the influence or possession of drugs. But weapons charges can overlap with alcohol and drugs even if the person was not behind the wheel. Simply carrying a concealed weapon when considered to be under the influence can result in losing a gun license.
Being intoxicated due to alcohol or drugs while carrying a concealed weapon is a misdemeanor in the state. Still, if the person pleads guilty, is found guilty or commits the act while on a university or college campus, they will face worse penalties.
Those who are former law enforcement officers and have a license to carry the firearm will lose that right. The same is true for those who have an enhanced concealed weapons permit. The enhanced permit lets the person carry a concealed weapon in Idaho as well as seven other states. The revocation of the license will last for three years and they cannot get or renew their license during that time.
Retaining gun rights may require help
In general, it is not that serious to be arrested for alcohol or drug intoxication when not behind the wheel of a motor vehicle. If the person is carry a concealed weapon at the time, it can be problematic and inhibit their gun rights.
It is wise to understand the penalties that accompany a guilty plea or a conviction and work to avoid it if possible. The person might have a case to claim they were not under the influence at the time. There could be other options that can help them to keep their concealed weapons license.
These cases can be complex and there are myriad avenues to effectively fight the charges. Forging a criminal defense is vital from the beginning and could be helpful in keeping from being severely penalized and losing a concealed weapons license.
]]>On Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544322023-09-05T20:52:24Z2023-09-08T20:49:38ZHow can you attack the credibility of the prosecution’s witnesses?
To defend yourself as aggressively as possible, you need to minimize the testimonial impact of the prosecution’s witnesses. Outside of outright suppression of that testimony, your best bet is to draw the reliability of the witness’s testimony into question. Here are some ways you can do that:
Point out inconsistent statements: You might be surprised by a witness’s testimony at trial, especially if they’ve made inconsistent statements in the past. By highlighting these contradictions, you can raise doubt as to the reliability of the witness’s testimony. That’s why it’s important to depose the prosecution’s witnesses to lock them into certain statements that you can then use against them at trial.
Highlight bias and motivation: There’s a good chance that some of the witnesses who testify against you simply don’t like you for whatever reason. Or they might’ve been given favorable treatment by prosecutors in exchange for their testimony, which is often an issue if that witness is also facing criminal charges. These biases and motivations can taint a witness’s testimony, which is why you need to point it out for the jury.
Present evidence of prior criminal history: Some witnesses are inherently untrustworthy. This is especially true when the witness has been previously convicted of a criminal offense involving dishonesty. Therefore, if a witness in your criminal case has been convicted of something like fraud or forgery, then you need to be prepared to question them on it.
Compare testimony to other evidence: In your criminal trial, you have to be able to contextualize each witness’s testimony in light of the other evidence that’s been presented. By doing so, you might find additional ways to attack the witness’s reliability or draw other key pieces of evidence into question.
Addressing witness credibility is an important aspect of your case. So, be sure to thoroughly analyze the prosecution’s witnesses to find the best ways to attack their reliability.
Be thorough in preparing your criminal defense
Although addressing the credibility of the prosecution’s witnesses is important in your criminal case, it’s just one piece of your criminal defense. You also need to build up the reliability of your own witnesses’ testimony, attack and use physical evidence to your advantage, and aggressively argue the law.
Knowing that you only get one shot at your criminal trial can be incredibly stressful. That’s why thorough preparation is key to presenting the strongest criminal defense possible. So, if you’ve been charged with a criminal offense, then now is the time to find the criminal defense avenues that best protect your future.]]>On Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544312023-07-24T16:17:01Z2023-08-04T16:07:25Z should be used. Unfortunately, some people try to file claims for services that they did not receive, or otherwise commit fraud. And there are also people who make honest mistakes but end up being accused of fraud.
Many Idaho insurance fraud laws mention actions that the insurance companies as well as the insured people have taken that are not considered legal in Idaho. They are the following:
Defrauding or deceiving: A person has the intention to acquire money or some other benefit or presents a statement as part of a claim requesting payment or some other benefit and they intentionally provided false information.
Helps, solicits, abets or conspires: If a person knowingly does any of these things and issues a statement that is going to be presented to the insurer as part of a claim to receive compensation or some other benefit, intentionally knowing that the information that they submitted was false.
Presenting a false or changed statement: A person who intentionally presents false information that is material to the insurance claim.
A false statement to extend worker's compensation: A person who knowingly makes a false claim in order to have worker's compensation extended.
What is the consequence for violating any insurance fraud laws?
Insurance fraud is considered a felony. A person who has been accused and convicted of insurance fraud may get up to 15 years in prison, a maximum fine of $15,000 or both. Additionally, if the person is convicted of the crime, they will be ordered to make restitution to the insurance company or another person who sustained a loss because of the fraud. The law regards every fraud offense as separate from the other(s) and the penalties will be separate.
If you have been accused of insurance fraud, it may greatly affect your future in addition to your possibly having to pay a fine and/or serve prison time. It may also greatly affect your future prospects at a good life, both professionally and personally. That is why you need to do everything possible to protect your rights and to make sure that you have to best shot at putting your troubles behind you and looking forward to the future.]]>On Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544302023-07-05T04:55:41Z2023-07-10T10:00:36Zsame type of drug charges and criminal penalties as a seasoned drug dealer or drug trafficker just for giving someone one or two of your pills because they asked, and you want to help them.
Additionally, if your friend or family member has a bad reaction to the medication and dies, you could even be looking at murder charges.
What the law says about sharing prescription drugs
Idaho law states that it is illegal to possess or consume a prescription medication without a valid prescription. When you are the one with the legal prescription, giving your medication to someone could make you vulnerable to drug distribution charges.
While it could be difficult to say no to someone who is telling you they really need the medication, and you can see that they are in pain or under a lot of stress, never share your prescription medication with others. The potential consequences are just not worth it.
You cannot get around this law by sharing prescription medication with someone who has their own prescription for the same medication. It does not matter if the person has their own prescription, but simply doesn’t have it with them or ran out and had no time to get a refill. It is still illegal.
Drug classification schedules and the various penalties
Prescription drugs are classified by different schedules. The higher the schedule, the more serious the criminal penalties.
Common types of prescription medications that people often share include stimulants such as Adderall, or drugs meant to treat anxiety and relax you, such as Xanax.
Both these drugs have different drug schedules, so if you shared them with a friend, your possible penalties could change depending on the type of drug.
There are a wide range of criminal penalties for drug distribution charges in Idaho, including fines, probation and prison time. You will also have a criminal record for the rest of your life, which could ruin your career or reputation or prevent you from pursuing certain opportunities.
Defending yourself against distribution charges
If you are charged with distributing drugs, there are many defenses you can explore. Remember that as in any criminal case, the prosecution must prove every element of the drug charge beyond a reasonable doubt.
You also have rights that may have been violated at any phase of the process, from questioning to arrest to evidence gathering. It is important to have your case evaluated and scrutinized by a professional to learn about your best options.
]]>On Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544292023-06-02T17:24:10Z2023-06-06T16:51:28Zeffective defense that can hopefully either help you to minimize or eliminate the charges that you are facing.
Which types of crimes are considered white-collar?
"White-collar crime" is a loose category that covers a variety of nonviolent financial crimes, often in a setting related to business Many are related to fraud. Some of the most common include:
Internet and computer fraud
Phone and telemarketing fraud
Credit card fraud
Fraud involving bankruptcy
Health care fraud
Insurance fraud
Environmental law fraud
Mail fraud
Tax evasion
Government fraud
Financial fraud
Securities fraud
Insider trading
Kickbacks
Bribery
Counterfeiting
Public corruption
Money laundering
Embezzlement
Trade secret theft
Economic espionage
White-collar crimes cost the United States billions of dollars on an annual basis. It is important to understand that although it's most common for indivduals to be charged with white-collar crimes, corporations can also be charged with this type of crime.
What are the consequences of a white-collar crime?
If a person is convicted of a white-collar crime, they may have to pay a fine, be confined to their home, be confined to their community, pay the bill for the prosecution, be forced to forfeit certain property, pay restitution, have supervised release, and/or spend time in prison. If the defendant takes responsibility for their actions and helps authorities in their investigation, the consequences may be lessened.
It can difficult to prosecute white-collar crimes because the evidence in these case can be hard to detect. However, prosecutors are well-trained and well-funded. They are highly skilled in preparing evidence for these cases.
Those who are defending against these charges must be just as prepared, if not more so.
Building your defense
Because of the complexity of the nature of white-collar crimes, it is important to have the most effective defense possible if you are facing charges of this nature. An attorney who is well versed in white-collar crime defenses may be particularly helpful to your case and hopefully, your charges will be lessened or possibly even eliminated. The truth is that people make mistakes; however, what is most important is that you are accountable and want to get back on the path to a good life.]]>On Behalf of North Idaho Law Group, PLLChttps://www.northidaholawgroup.com/?p=2544062023-04-25T15:05:14Z2023-05-17T15:04:11ZMistakes to avoid in your white-collar crime case
Therefore, if you want to protect yourself as fully as possible, you need to know how to avoid some of the most common mistakes in these sorts of cases. Let’s take a look at some of them here:
Volunteering information to the police: The police have a job to do. They’re goal is to obtain evidence that can be used to support criminal charges and obtain a conviction for criminal wrongdoing. With that said, you should push from your mind the urge to speak to the police to try to explain away any suspicions. If you speak to the police, you might be giving them the information they need to take formal legal action against you.
Hiding or destroying evidence: Once you come under suspicion, it might be tempting to hide or destroy documentation and other evidence that could incriminate you. But this might be a crime in and of itself, and when the prosecution finds out what you’ve done, you’ll probably look even more suspicious. So, avoid doing anything that might look like you’re trying to cover up criminal wrongdoing.
Allowing a search of your home or business: The prosecution is going to need strong evidence on its side if it hopes to obtain a conviction. To gather this evidence, they’re probably going to have to search your home and/or your business in hopes of recovering incriminating documents and electronic devices.
But before the police can search these places, they need a valid warrant that’s supported by an appropriate amount of probable cause. However, the police can forego that requirement if you consent to a search. Don’t make that mistake, as the police might lack the probable cause that they need in your case. You don’t want to simply hand over incriminating evidence if you can avoid it.
Talking to others about your case: When you’re being investigated for a crime, you have a lot to think about and a lot to say. While you might be comfortable talking about your concerns with a family member or friend, this can be dangerous given that these individuals can be subpoenaed to court to testify about what you’ve told them. That’s why you should probably refrain from talking about your case with anyone other than your attorney.
Know how to get through your white-collar crime case
There’s a lot on the line when you’re accused of committing a white-collar crime. That’s why you need to do everything you can to protect yourself. This includes understanding how the police operate in these sorts of cases and the strategies that they use to try to gather incriminating evidence. You can also better protect yourself by knowing your rights and acting on them.
We know that you might be under a lot of stress right now, but by researching how to best defend yourself, you might be able to develop a strategy that protects your interests and your freedom.]]>