In criminal law, every case is unique. Whether you’re dealing with theft, DUI, or aggravated assault charge, you deserve personalized attention and one tailored specifically to your case. At Hooper Law, our Boise Criminal Defense lawyers give every case the attention it rightfully deserves. We create an individualized plan of action that is tailored to reach our client’s goals.
Navigating criminal law is quite complex. Keep in mind that the opposing party is not another individual, but the state. The state has the police, district attorneys, and investigators at its disposal, and these will be lined up against you. You need to have an aggressive attorney on your side to defend your rights and represent your best interests.
Moreover, poor planning and poor decision-making during the initial stages of the case often spell doom for these cases. Failure to investigate before the evidence disappears, providing the police with information willingly or unwillingly, or communicating on recorded lines will often doom the case before it even starts. That is why having an experienced attorney who understands Idaho laws can be helpful in avoiding these pitfalls and ensuring a favorable outcome.
Our Boise criminal defense lawyers have decades of experience handling criminal defense matters. We are more than ready to help you and your family get the justice you deserve. Whether it’s a felony or a misdemeanor, our Boise criminal defense lawyers are ready to guide you through the legal process and fight for your rights.
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Should I Speak to the Police Without an Attorney?
No. You should never talk to the police without consulting with an attorney first. Keep in mind that police officers are specifically trained to obtain admissions, confessions, and inconsistencies. If you are innocent, they can try to coerce you into making inconsistent statements, which can later be used as evidence of guilt. There may also be things that you did that make you look guilty, which the police will not be afraid to exploit.
While you can get your side of the story out, why would you want to do it without first knowing the rules of the game? talking to law enforcement without a criminal defense lawyer present could put you in a situation where you think you’re talking yourself out of an arrest, but admitting to certain elements of a crime that you didn’t even know you committed.
What are the Advantages of hiring a criminal defense lawyer over working with a public defender?
You have a right to have an attorney by your side when dealing with a criminal case, especially ones where there’s the possibility of incarceration. You might be tempted to make the most out of the court’s offer to appoint a court-appointed counsel or a public defender for free. But is it really a good idea? Here are some things you need to know:
The lawyer might not actually be “free”
Today, many courts are running on very tight budgets. While every person who needs a public defender may be accommodated, many courts are always looking for ways to get back the costs of employing these “free” attorneys by ordering the defendant to pay an “appointed counsel fee” when the case is over.
The lawyer might be inexperienced
Although there are many highly qualified court-appointed counsel and public defenders, there’s also a great number of inexperienced, often newly admitted lawyers looking to use your case to gain experience. It’s a great risk placing your legal future in the hands of a beginner.
The lawyer might be overworked
Due to the tighter budgets in today’s courts, there are fewer public defenders who are responsible for handling a greater number of cases. Even the hardest-working, most brilliant public defenders might find it impossible to put in their best efforts in every case, simply because they just don’t have the time.
You can’t choose your lawyer
The courts typically don’t allow you to choose a court-appointed counsel or a public defender. You might merely be assigned to the next person on the list. And while you might be fortunate to find an excellent attorney this way, you can also find one that is not as enthusiastic or interested in working as hard for the low pay they will receive for the case.
What Should I Expect from a Criminal Defense Attorney?
Criminal defense lawyers usually spend months preparing a case. The case preparation phase can actually take much longer than the trial. This is mainly done to ensure that when the case goes to court, things move much quicker, and it avoids any surprises from being brought by the prosecutor.
Once the research and preparation stage is done, the criminal defense lawyer will be responsible for calling witnesses in your defense and cross-examining the prosecution’s witnesses. Ideally, your lawyer needs to be trustworthy and dynamic, explain complex topics to the jury, and be ready to discuss every aspect of your case.
Your attorney may work with you and the prosecution in order to negotiate a “plea bargain”. This might work well in helping reduce your potential sentence and even eliminate some of the charges filed against you. Keep in mind that in most cases, prosecutors are reluctant to negotiate with defendants who don’t have a criminal defense lawyer.
Your lawyer will be responsible for coming up with an amicable sentencing plan for your case. In case you’re found guilty, your lawyer might be able to change your sentence. In many cases, they are changed in a way that works for you, such as preventing you from winding back in the justice system again. For instance, in a drug possession case, your lawyer could negotiate against a 10 months prison sentence and suggest a sentence of 6 months in prison followed by 4 months in a rehabilitation facility.
Ability to Gauge Case Outcomes
You should also expect your attorney to have the training and experience to give you a reality check. They will be more aware of what’s going on with your case and will be able to predict what the outcome might be. You can also expect your attorney to:
· Stay objective throughout the process
· Provide realistic insights into how the trial is going
These will be essential especially when it comes to deciding whether or not to accept a plea deal.
Knowledge of rules and regulations
While you may read books on criminal defense, it takes many years of study to truly grasp this field of law. Your attorney will be able to point out important legal rules and regulations that you might not be able to find on your own. For instance, they will be able to tell if the search the police did on your property was lawful or not.
Knowledge of State-Specific Systems and People
There are certain rules, such as the local rules of court, that need to be followed and obeyed. There are also some unwritten rules that must be adhered to. Your lawyer should be well aware of these, which will end up saving you time and maybe even jail time.
Familiarity with the hidden costs of pleading guilty
Your attorney will be able to explain to you the hidden costs that might come with pleading guilty to a case. People who represent themselves often overlook this. For instance, if you plead guilty to a case, you may find it hard to find a job when you’ve completed your punishment.
Your attorney will be responsible for handling witnesses and collecting statements from those that will be called by the prosecution. Keep in mind that many witnesses are often unwilling to work with someone allegedly involved in a crime out of fear. However, they are often ready to work with an attorney.
Handling experts and investigators
Part of the case may require you to find and hire investigators and expert witnesses. If they can find evidence to support your claim, it could help your case dramatically. Your lawyer will be responsible for finding them and hiring them when appropriate.
Should I Accept A Plea Bargain?
Whether you should take a plea bargain or not will depend on the specific circumstances of your case. However, one thing is certain – don’t accept any plea bargains before consulting with an attorney who is experienced in criminal defense and is specifically familiar with your case.
Trusting the advice of a public defender might not be in your best interest. Keep in mind that public defenders work for the government, and most of them will be juggling a heavy load of 100 to 200 cases at any given time, meaning they won’t have the resources or the time to investigate your case properly and prepare a powerful legal defense strategy as a criminal defense lawyer can.
The criminal defense lawyers at Hooper Law have a different approach from that of prosecutors and the police. We’ll only advise you to take a plea bargain when it’s truly in your best interest. If the prosecutor doesn’t offer you a plea bargain, we can get the charges against you reduced significantly by negotiating a plea bargain that can help you avoid facing more penalties or serious charges.
What Happens if I Violate Probation?
When a person is on probation, they don’t have the same rights and freedoms as the average person does. They must also live under some specific rules or conditions. These are designed to serve as both punishment for the crime committed and to protect the community while the person on probation serves their sentence outside prison or jail. Courts usually have broad discretion when imposing conditions for probation, and may impose any condition so long as it’s reasonably related to the crime the person committed.
Any practitioners who violate any of these conditions risk having their probation sentences revoked. This usually happens when, for instance, a probation officer finds that the person under probation has violated a specific condition, such as failing a drug test or not maintaining employment and then reports this to the court. The prosecutor or the probation office can file a probation revocation asking the court to hold a revocation hearing.
If the court finds that the defendant (probationer) really violated the probation condition in question, it can impose a sentence. These sentences may include any punishments that the court imposed but suspended at the time of ordering probation. This means that it can order the person to serve time in jail or pay fines. However, the court can also impose other penalties like imposing new terms to the probation, extending the probation length, ordering a short prison sentence, or imposing no extra penalties at all.
The court has wide discretion in terms of choosing what kind of punishment to give and will take into account the nature of the violation, the previous actions of the defendant, and any recommendations from the prosecutors and the probation officer.
Contact Boise, Idaho Criminal Defense Lawyer at Hooper Law
At Hooper Law, we are passionate about providing our clients with a strong defense to protect their constitutional rights. All our lawyers are licensed to practice in both federal and state courts throughout Idaho, including the Federal District Court for the District of Idaho. We also have decades of experience in handling both felonies and misdemeanors in federal and state courts.
If you or a loved one has been arrested and charged with a crime, you need an attorney who understands your situation. You also want one with the time and resources to investigate your case and build the best legal defense possible. Our Boise criminal defense lawyers will do everything in their power to ensure you avoid conviction and jail time.
We can provide you with aggressive yet exceptional legal advocacy. We have been able to provide an effective defense for past clients, some of whom were arrested for domestic violence, assault and battery, theft crimes, drug crimes, and more.
When you contact us, our lawyers will lend a listening ear to you and help you assess your chances for a successful legal defense. Reach out to us today to schedule a free consultation with one of our experienced lawyers.