Tuesday, May 15, 2012

Boise Criminal Lawyers - Idaho Criminal Defense (208) 472-2383

Busted! That's what happened Thursday to several Boise area smoke shop owners.  I knew something was up before the story hit the news because someone called my office Thursday and said, "Do you or any of the other Boise Criminal Lawyers know why the cops are surrounding all the smoke shops in the area?"

Drug raids are nothing new to criminal attorneys, they just happen to be fairly unusual in the Boise area.  The topic of the raids was a little different from your ordinary raid.  Criminal lawyers are used to hearing about raids on individuals manufacturing meth or a marijuana farms but this had to do with paraphernalia and Spice.  The smoke shops had been under surveillance for several weeks and several of the shops sold Spice to undercover agents.

Many people ask me as a Boise Criminal Attorney why selling to an undercover agent doesn't constitute being "framed".  Entrapment, the technical word for being framed, would mean that you didn't have a propensity to commit the crime.  If you are all ready committing the crime, the use of undercover agents is simply to establish evidence against you.

The U. S. Attorney for the Boise area said that the smoke shops were selling drug paraphernalia under the guise of smoking accoutrements.  Paraphernalia?  Really?  It makes this criminal attorney wonder why the feds haven't got anything else better to do.  You might recall a previous pseudo raid in Boise a few years ago when the Red Eye Hut was shut down for selling paraphernalia.  Why can Jackson's sell rolling papers?  Of course the answer is because they can be used to roll cigarettes.  So what makes a marijuana pipe a marijuana pipe?  Couldn't someone use a glass pipe to smoke tobacco? If you can sell rolling papers at the local Jackson's, and they have a dual purpose; to roll cigarettes with and to roll marijuana joints with, why can't a smoke shop sell a glass pipe if it too has the same two functions?  These are a few questions I would pose to the prosecuting attorney, the judge and the jury.

Now Spice is a different story.  It is a cannabinoid and can be used to get high.  It's unregulated and potential dangerous.  According to the U.S. Attorney, many of the shop owners were openly selling Spice.  Spice was made illegal in the past few years, once it was detected to be a cannabinoid.

If you need a Boise Criminal Lawyer for a drug charge, including possession of marijuana, meth, paraphernalia or any other criminal charge, give us a call (208) 472-2383 and see what we can do for you.

Thursday, February 16, 2012

Boise Criminal Lawyers - Criminal Defense Attorneys - Crime in Federal Court

Crime in Idaho exists but big time crime isn't often seen in our big state with a small population.  So, it was exciting to criminal lawyers and the general public as well when last year southern Idaho was thrown into the spotlight.  Jay Shaw, an Owhyee County rancher was arrested with a drama to rival Hawaii 5-O - Book 'em Danno!  What did this small town rancher do to have ATF descend upon his homestead?  Shaw's true identity and nature of his crime was quickly revealed and news spread across the state like an Idaho wildfire.  He was the accused mobster, Enrico Ponzo wanted for identity theft and illegal possession of firearms, not to mention for violent crimes associated with his life as a mobster.

Ponzo was indicted in Boise on Tuesday in Federal Court on multiple counts of unlawfully possessing firearms and identity theft.  As a Boise Criminal Lawyer the big question I keep getting is why is Ponzo being tried in Federal Court instead of an Idaho State Court?

The U.S. Attorney has indicted Ponzo in Federal Court because his crimes cross state lines.  Also, while there are state laws regulating gun control, the ATF (Bureau of Alcohol, Tobacco and Firearms) regulates Federal law for possessing firearms.  If a crime is committed in within the borders of a state the state law applies but can also be subject to Federal Laws if the underlying possession of the firearms are illegal.

Ponzo's crimes, according to the federal prosecuting attorneys include unlawfully possessing 34 firearms, and identification documents used for identity theft.  The federal criminal lawyers also say that Ponzo hid for 15 years in Idaho and funded his new identity through drug activity and lived a life of fraud and identity theft.  Prior to hiding in Idaho, Ponzo was purported to be was a big city mobster who killed as part as his role in the mob.  For all of you who remember, the illusive Al Capone wasn't brought down because of mobster activity like murder, he was convicted of tax evasion.  Looks like Ponzo will follow a similar fate.

Tuesday, April 5, 2011

Boise Criminal Lawyers - Marijuana Possession - DUI - Child Endangerment

Boise Criminal Lawyers routinely get calls from individuals who have been charged with possession of marijuana or charged with a DUI.  It is one thing to be charged with possession of marijuana or a DUI by yourself, but it is another thing to be charged with these crimes when you have children in your presence.

Boise Criminal Attorneys know that if you have a child with you and your are driving under the influence of alcohol or drugs or if you have marijuana in your possession you will be additionally charged with child endangerment.  This injury to a child is a misdemeanor unless the child receives bodily injury because of your actions and then it becomes a felony.

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

Thursday, March 31, 2011

Boise Criminal Lawyers - DUI Attorneys - Boise Criminal Defense Lawyer Attorney - Trespass and Malicious Injury to Property

Boise Criminal Lawyers, Idaho DUI Attorneys, Boise Criminal Defense Lawyer Attorney, free consultation call (208) 472-2383, criminal defense, DUI, probation violation, parole violation, felony, misdemeanor and all crimes in Idaho.

There are a whole range of crimes in Idaho and Boise Criminal Lawyers routinely represent individuals in a wide area of crime.  There is the whole range of crime from serious crime to less serious crimes such as felony and misdemeanor distinctions.  Boise Criminal Lawyers know people will often be charged with a serious crime only to have the charges reduced or dropped.  An area where this often happens is trespass and malicious injury to property.

Trespass and malicious injury to property are crimes enumerated in Title 18, Chapter 70 of the Idaho Code.  You can be charged with trespass, malicious injury to property or both.  Malicious injury to property occurs when a person maliciously injures or destroys another person's real or personal property or property jointly owned between two people.  The penalty for malicious injury is fairly stiff.  If the property is valued at less than $1000 the crime is charged as a misdemeanor and carries a penalty of up to $1,000, up to one year in the county jail or both.  If the property is valued at more than $1,000 or there are several pieces of property that are maliciously destroyed, the value of which exceeds $1,000 combined, the crime is charged as a felony and carries a penalty of up to a $1,000, a prison term of no less than 1 year but up to 5 years in prison, or both.

The critical element of malicious injury is that the destruction is malicious.  Boise Criminal Lawyers can tell you that to be charged with a crime you must have the intent (unless it is a strict liability crime which will be covered later in a subsequent post where it can be best dealt with) to commit the crime.  Maliciousness implies intent.  If you destroy someone else's property, thinking that it is your property, you lack the intent to be charged with the crime.  Does this mean you will get off completely?  Boise Criminal Lawyers know that there is still a crime which you may be charged with; trespass.

Trespass occurs when you willfully destroy wood or timber belonging to someone else, take timber, rocks or soil off private land, willfully break down a fence or gate, maliciously injure or kill livestock or pets, if you come back after being asked to leave or you enter where there is a no trespassing sign posted according to the requirements of law.  Again, an Idaho Criminal Attorney will tell you that the act has to be willful, not by mistake.  So, if you, for example, go onto a neighbor's property to cut down what you think is your tree, you may be charged with trespass if you don't ask for permission to enter the land, but if you think it is your tree there is no maliciousness involved.

If you have been charged with malicious injury to property or trespass and need to speak to an Idaho Criminal Attorney please call (208) 472-2383.  On our website you will find helpful information about criminal law in Idaho.  You will also find a quick contact form.  If you fill it out and let us know what is the best way to contact you, one of our Boise Criminal Lawyers will get right back to you.

Tuesday, March 22, 2011

Boise Criminal Law Lawyers - DUI Attorneys - Criminal Defense in Idaho - Police Sting and Juvenile Related Crime

Boise Criminal Law Lawyers, Boise DUI Attorneys, Criminal Defense Law Firm in Idaho, call (208) 472-2383.  Set up your free consultation today - Criminal Defense, DUI, DWP, all criminal charges in Idaho.

Over the weekend Boise Police set up a sting operation in an attempt to curb and regulate local Boise business from selling alcohol to and adults buying alcohol for minors.  Boise Criminal Lawyers have seen the number of arrests in Idaho for juvenile crime decrease over the past few years as a result of a task force created to prevent and reduce underage drinking and alcohol related crime such as DUI and crime committed under the influence of alcohol.  Juvenile crime, specifically minor in possession of alcohol, consumption and DUI decreased over the past few years.  In 2007 there were 1026 DUI arrests and 4152 liquor law violations.  In 2009 there were 920 arrests for minor DUI and 4361 Liquor law violations (EUDL p. 5).  Boise Criminal Lawyers have see, the number of minor DUI decrease while liquor law violations increased.  The number of consumption tickets that Boise Criminal Lawyers are seeing, however, has also decreased.  In 2009 there were 36 minor drunkenness tickets issued and 53 in 2007.

Juvenile crime is likely to lead to adult crime, whether is an alcohol related crime like DUI or more violent crimes such as assault and battery and aggravated assault or serious crimes like theft, burglary and possession or trafficking of drugs.  According to the EUDL, when a juvenile begins drinking before the age of 15 they are four times more likely to develop alcohol dependence in the future and 2 and 1/2 more likely to be alcohol abusers as adults.  This is an important consideration because a 2009 Idaho Crime reports shows that 91.7% of  suspects in crime in Idaho used alcohol during the commission of their crime.  As a Boise Criminal Lawyer I have seen a similar percentage of alcohol use in the commission of crime among the criminal law cases I see.

In addition, this is a serious problem because of the cost of juvenile drinking crimes to the state of Idaho. The Pacific Institute reported in 2007 that the cost of underage drinking in Idaho is $1,650 per youth in Idaho.  Idaho has created a task force to deal with the problem of underage drinking and underage possession of alcohol.  The task force includes education, training and community commitment.  In addition, Idaho laws not only punish juveniles for alcohol possession,  but Idaho also focuses on punishing adults who facilitate underage drinking.

If you need to speak to a Boise Criminal Lawyer for a juvenile crime or other crime in Idaho, please call (208) 472-2383.  On our website you will find more information on the subject of crime in Idaho, or if you like you can fill out a quick contact form and one of our Boise Criminal Lawyers will get back to you immediately.

Saturday, March 19, 2011

Boise Criminal Lawyers - DUI Attorneys - Boise Criminal Defense Lawyers

Boise Criminal Lawyers, DUI Attorneys, Boise Criminal Defense Lawyers, call (208) 472-2383 for a free consultation, criminal defense, DUI, DWP.

Boise Criminal Lawyers see a variety of crime in the Boise area.  Although the Boise Police Department reports that the number of crimes in Boise, Idaho are down for the past six years, the Idaho Statesman continually reports on the variety of crime taking place in the Treasure Valley.

Today's paper highlighted three sex crimes and one drug crime.  The sex crimes were sexual assault, lewd conduct and child porn.  The drug charges consisted of possession of marijuana with the intent to, trafficking marijuana, manufacture of marijuana and possession of meth.

Even though the three sex crimes are all sex crimes, Boise Criminal Lawyers see them differently primarily because of the nature of the underlying crime and the penalties associated with each.  The sexual assault case is an unsolved case to date.  Boise Police are looking for a man who assault a woman at Winstead Park in Boise.  They believe that this assault is related to several others in the area.  As a Boise Criminal Lawyer I feel that if the man is detained and charged and the evidence is there that he would be charged with numerous charges of sexual assault and if convicted will face a very long prison sentence.

The lewd conduct charge involved a 21 year old man and a 15 year old girl.  Lewd conduct with a minor under the age of 16 is a felony and punishable by life in prison.  The other sex crime reported in Boise today was a child porn case.  For possession of child pornography, if found guilty, the accused can be put in the Idaho State Pen for up to ten years and be fined up to $10,000.

The fourth crime reported in the Idaho Statesman today is a drug charge for possession with the intent to distribute marijuana, trafficking marijuana, the manufacture of marijuana and possession of meth.  As a Boise Criminal Lawyer I see the penalty for all four of these charges as potentially stiffer than the lewd conduct or the child pornography, simply because of the extent and number of charges.  Like the sexual assault, it is the number of charges against the defendant that will ultimately create a larger sentence.

If you need to speak to a Boise Criminal Lawyer, please call (208) 472-2383.  Visit our webiste and fill out a quick contact form and one of our Boise Criminal Lawyers will get a hold of you immediately.  Our main webpage will direct you to our criminal law page. You may also fill out a quick contact form on this page and a Boise Criminal Attorney will contact you immediately.

Thursday, March 17, 2011

Boise Criminal Lawyers - Criminal Attorneys Boise, Idaho - Felony, Misdemeanor, Possession, Drugs, Burglary, Theft, Aggravated Assault, Assault and Battery, Criminal Defense

Boise Criminal Lawyers Attorneys, Criminal Defense Lawyer Attorney in Boise, Idaho, call for a free consultation (208) 472-2383, felony, misdemeanor, possession, drug charges, burglary, theft, aggravated assault, assault and battery, all criminal defense.


The City of Boise recently released new crime statistics that show that crime in Boise has dropped again for the sixth consecutive year.  Burglary in Boise is at its lowest level since 1980.  Boise Criminal Lawyers have noted the drop in crime, but what Boise Criminal Lawyers have also noted is that although the number of serious felony charges are down by 3.5% since 2009, there are more repeat offenders or offenses where a person is charged with multiple crimes, often felony charges but also misdemeanor and felony combined.

Overall there is a 25.8 decrease in serious felony charges since 2005.  Boise Criminal Lawyers hear the Boise Police attribute the decrease in felony crimes like burglary, assault and battery, aggravated battery, possession or trafficking to community participation.  The Boise Police Department says that burglary is a crime of opportunity, meaning that if we as a community leave our doors unlocked and windows open or things of value in plain sight, that we are more likely be to victims of a serious felony like burglary.  Boise Criminal Lawyers also hear the Boise Police attribute the drop in serious felony crimes like burglary, theft, aggravated assault, assault and battery, trafficking or drug possession, to citizens keeping their eyes open and reporting criminal activity or suspicious behavior.


The number of calls for police service in Boise dropped from 188,260 in 2006 to 166,293 in 2010.  This represents a decrease of 3.2%.  What is of particular interest to Boise Criminal Lawyers is the number of infractions v. felony v. misdemeanor resulting in citations or court cases.  The number of infractions in Boise actually increased from 2006 going fom 29,340 to 34,680 in 2010.  The number of misdemeanors also increased from 2006 to 2010 jumping from 10,345 to 12,443.  Although the figures are not available for felony charges until 2008 they also increased substantially from 342 to  2,365.

Also of interest to Boise Criminal Lawyers is the number of jail arrests.  Felony arrests in Boise decreased from 2006 to 2010 from 1,468 to 1,194.  The number of misdemeanor jail arrests in Boise between 2006 to 2010 dropped from 6,997 to 4,534.

So these are the City of Boise statistics but as a Boise Criminal Lawyer I have some questions about the soundness of these statistics.  My first question as a Boise Criminal Lawyer for the statistics department for the city of Boise would be, if the number of bookings in the Ada County jail decreased, but the number of court cases increased, has the crime actually decreased in Boise or are our police booking fewer cases?  Is the fewer number of calls to the Boise Police reflective of lessor crime when they suggest that community enforcement has increased?  Wouldn't there be more calls initiated by citizens if they as a group were keeping a watchful eye?  Maybe questionable interpretation of statistics should be a crime in Idaho!

If you have been charged with a crime in Boise or in Idaho and need to speak to a Boise Criminal Lawyer please call (208) 472-2383 or visit our website for valuable information and you can fill out a quick contact form and one of our Boise Criminal Lawyers will get right back to you.