At Sawtooth Defense Lawyers, we understand the confusion people have when it comes to Idaho Criminal Law. To relieve you of your burden, we are ready to answer your questions, and hopefully, our answers will give you useful background information.
You can get a public defender to represent you if you are facing criminal charges, and don’t have the means to pay for one. However, public defenders have many cases in their hands and do not have the time to dedicate their services to one client. Since there are a lot of stakes in a criminal case, it is advisable to get an experienced criminal attorney to represent you. If your main concern is the cost, you can ask for a payment plan to be drafted. Criminal defense attorneys will dedicate their time and energy to your case and will do their best. You will get adequate results if your lawyer is fully dedicated to your case and is not distracted by other cases.
In criminal cases, the stakes are high. It is recommended that you involve a criminal defense lawyer as early as possible. Contacting a lawyer as soon as you receive charges is beneficial since the lawyer might find a way to prevent you from being prosecuted. The lawyer can ensure the case does not go to trial and negotiate a deal with the prosecution that is in your favor. If you involve a criminal defense lawyer too late in the case, the lawyer might not be able to do anything for your case. You might end up getting charged simply because you did not want to spend some money on a lawyer. You can even get sentenced and spend time in prison that could have been easily prevented. To prevent you from being penalized or charged, you should contact a criminal defense attorney when you are charged with a criminal offense.
The standard ‘beyond a reasonable doubt’ is hard to meet since the prosecution is expected to remove any doubts from the case and prove that the defendant is guilty. The defense can argue that there is reasonable doubt and you can win the case since the prosecution will not have done the job of removing any doubt.
By law, you are required to have your Miranda rights read to you when you are being arrested and charged. If you are charged and the police neglect to read you your Miranda rights, any evidence produced for the case cannot be used in court. However, the case is not likely to be dismissed, but the criminal defense lawyer can have it dismissed on the fact that there is no evidence.
After you plead ‘Not Guilty,’ the defense lawyer will have to review the evidence the prosecution has presented against you. The attorney will file pre-trial motions and can make a deal for a plea agreement or dismissal of the entire case without going to trial. If this does not succeed, both sides inform the judge of the status of the case and the judge has to make a decision whether the case is fit for trial and schedule a date.
Regardless of the plea you make, you will still need a lawyer to represent you. Your attorney will represent your interests and ensure your rights are respected. The attorney will negotiate for lesser punishments and penalties and negotiate terms for your sentence. Your attorney will negotiate the best deal for you when you decide to plead guilty.
When charges are filed, your attorney will try and prevent the case from going to trial. However, if a verdict cannot be reached before the case goes to trial, it will proceed to court. The chances of your case going forward depends on the ability of your lawyer to show the prosecution that the evidence is not sufficient to prove the case and have it dismissed.
- The answer to this is both yes and no.
- No. the fourteenth amendment gives you protection from being unlawfully searched. The police cannot search your car without probable cause.
- Yes. If an officer asks you to step out of your car and asks for permission to search it, you can give it to them, and they can conduct the search if they have probable cause. If the police officers detect evidence of a crime, they are allowed to search the car by law, and this applies if they have a court warrant.
Sex offender registration is a requirement for those charged with sexual offenses once they are released from prison. Sex offender registration is where your photo, personal details, home address, and conviction details will be put on an online database. In some instances, the community is involved in your presence, and this carries a level of social stigma that could last a lifetime.
A plea agreement is where the defense agrees on resolving the case by pleading guilty. The prosecution can allow the defendant to plead guilty to a lesser charge and the case will not have to go on trial. A plea agreement is your best chance if the prosecution has a strong case against you. When making a plea agreement, the defense lawyer will negotiate and often, both parties agree to a reasonable agreement that is fair to you.
A deferred sentence is a type of plea agreement where you plead guilty and waive your right to trial only under certain conditions. Some of these conditions include completing a program in cases of domestic and substance abuse and not committing offenses during that time. Upon completion and if all the conditions are met within the given period, the charges are dismissed.