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.

Wednesday, March 2, 2011

Boise DUI Lawyers - Boise Criminal Lawyers - Felony and DUI Charges in Idaho

Three crimes in Boise of note have been reported in the past week.

In today's paper Boise police arrested a young woman for failing to stop before entering an intersection.  Although the paper did not say what was the probable cause for the search, the police searched her car and found two small plastic containers with white powder, reportedly methamphetamine.  Undoubtedly, she will be charged with possession of drugs.  The paper did not indicate if it was a felony charge or a misdemeanor charge.  Boise Criminal Lawyers would have to question what caused the police to do the search in the first place.  Did they have probable cause or did she give consent?  It will be interesting for Boise Criminal Lawyers to see the outcome of this case.

Another crime reported today was a burglary and theft in Boise.  A man was reported to be ontop of someone's carport without any shoes.  He ducked into a car parked there and came out wearing different clothing.  He was picked up walking down Broadway Ave. in Boise.  The man was charged with both burglary and theft.  Why both charges?  A Boise Criminal Lawyer can tell you that this is one of those situations where an individual is charged with two of the substantially same crime.  This is done because if it is shown that the man did not actually commit burglary, which requires a breaking and entering, he can still be found guilty of theft for taking something not belonging to him.

Yesterday's paper detailed a DUI charge in Boise on Sunday.  The driver was charged with a DUI, eluding police and a felony parole violation.  The DUI was charged as a misdemeanor because his BAC was under .08 and it was not his third DUI within 10 years.  Boise Criminal Lawyers can tell you that the felony parole violation is a serious charge which may well land him back in prison.  Often the terms of parole include that there is no consumption of alcohol.  As a Boise DUI Lawyer I can tell you that the evidence of his DUI will be used as evidence that he violated his parole.  In addition, as a Boise Criminal Lawyer I can tell you that any crime he commits is a violation of parole which can lead to his return to prison. Any prosecuting attorney would push for that and get it.

If you need to speak to a Boise DUI Lawyer or a Boise Criminal Lawyer please call (208) 472-2383.  You can also fill out the quick contact form to the right and one of our attorneys will get back to you right away.