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.
Showing posts with label attorney. Show all posts
Showing posts with label attorney. Show all posts
Tuesday, May 15, 2012
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.
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.
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.
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.
Saturday, February 12, 2011
Boise Criminal Lawyers Role in a Criminal Law Case in Idaho
The role of a Boise criminal lawyer will differ depending upon the criminal charge in Idaho. Attorneys and lawyers know that each case, whether it is a criminal case such as assault and battery, theft, burglary, DUI, possession or shoplifting, has a life of its own. While in general a criminal law case in Idaho follows a consistent pattern, because the fact for each case are different and the judge for each case is different and the prosecuting attorney, the lawyer for the state, is different, every outcome will be different.
Cases differ because of the subject matter. Certain facts are presented for assault and battery or for theft or burglary. Those facts are different that those for possession, shoplifting or a DUI. The facts also differ depending upon whether it is a felony or a misdemeanor or a parole violation or a probation violation.
Boise criminal lawyers will assess each case and plan the case using strategies appropriate for the type of case. They will also talk with the state's attorney and see what facts they have. The will talk to the state's lawyer who may put forth a suggested plea arrangement. Attorneys who practice criminal law in Idaho will prepare the best case possible for the facts at hand.
If you need to speak to a Boise criminal lawyer in Idaho please call (208) 472-2383 or visit www.lawboiseid.com or www.duiboiseid.com
Cases differ because of the subject matter. Certain facts are presented for assault and battery or for theft or burglary. Those facts are different that those for possession, shoplifting or a DUI. The facts also differ depending upon whether it is a felony or a misdemeanor or a parole violation or a probation violation.
Boise criminal lawyers will assess each case and plan the case using strategies appropriate for the type of case. They will also talk with the state's attorney and see what facts they have. The will talk to the state's lawyer who may put forth a suggested plea arrangement. Attorneys who practice criminal law in Idaho will prepare the best case possible for the facts at hand.
If you need to speak to a Boise criminal lawyer in Idaho please call (208) 472-2383 or visit www.lawboiseid.com or www.duiboiseid.com
Friday, February 11, 2011
Boise Criminal Lawyers
Boise Criminal Lawyers can tell you that once you have been charged with a crime, whether it is assault and battery, theft, burglary, shoplifting, possession, DUI, a misdemeanor or a felony, it is important to to get a good attorney, one who is experienced in criminal law, to help you get out of the fix you are in.
Sometimes people charged with a crime in Idaho will tell their lawyers that they are guilty and just want to get what's coming to them and get it done and over with. Other times they will tell their attorneys that they are guilty but they think their are circumstances which should make their punishment less.
There are also those situations where a person has been charged with a crime and they believe and they are actually not guilty. In addition, there are those situations where you have been charged with a crime in Idaho and you are in fact guilty but because of a technicality, you cannot be convicted.
A Boise Criminal Lawyer can help you with all these scenarios. A Boise Criminal Attorney will help you choose which path is best for you.
Of course, all these scenarios can be complicated if you are charged with a crime like assault and battery, theft, burglary, shoplifting, DUI or possession and you are on probation or parole. It can also be complicated if it is a felony versus a misdemeanor.
Criminal attorneys and lawyers know how to help you. Don't face the Idaho criminal system alone. Interview an attorney who specializes in criminal law. Talk to a lawyer who knows Idaho criminal law. Get the help you need.
If you need to speak to a Boise Criminal Lawyer or a Boise DUI Lawyer give us a call at (208) 472-2383. You can also visit us at www.lawboiseid.com or www.duiboiseid.com
Sometimes people charged with a crime in Idaho will tell their lawyers that they are guilty and just want to get what's coming to them and get it done and over with. Other times they will tell their attorneys that they are guilty but they think their are circumstances which should make their punishment less.
There are also those situations where a person has been charged with a crime and they believe and they are actually not guilty. In addition, there are those situations where you have been charged with a crime in Idaho and you are in fact guilty but because of a technicality, you cannot be convicted.
A Boise Criminal Lawyer can help you with all these scenarios. A Boise Criminal Attorney will help you choose which path is best for you.
Of course, all these scenarios can be complicated if you are charged with a crime like assault and battery, theft, burglary, shoplifting, DUI or possession and you are on probation or parole. It can also be complicated if it is a felony versus a misdemeanor.
Criminal attorneys and lawyers know how to help you. Don't face the Idaho criminal system alone. Interview an attorney who specializes in criminal law. Talk to a lawyer who knows Idaho criminal law. Get the help you need.
If you need to speak to a Boise Criminal Lawyer or a Boise DUI Lawyer give us a call at (208) 472-2383. You can also visit us at www.lawboiseid.com or www.duiboiseid.com
Tuesday, February 8, 2011
Boise Criminal Lawyer Talks About Drugs, Possession and Trafficking Charges
As a Boise Criminal Lawyer I am often asked about drugs, possession and trafficking. Specifically, people often what to know and want lawyers to tell them how much marijuana constitutes trafficking? They also like to ask attorneys what the penalty for trafficking drugs is.
According to the Idaho Code anyone who knowingly delivers or brings into the state or who is in possession of 1 pound of marijuana (but less than five) or twenty-five marijuana plants, is guilty of the felony of trafficking marijuana. For this amount of marijuana there is a mandatory 1 year prison sentence and at least a $5,000 fine. If you are caught with between 5 and 20 pounds of marijuana or between 50-100 marijuana plants you will be sentenced to a minimum of three years in prison and no less than a $10,000 fine. The penalty continues to increase until it reaches a maximum of 15 years in prison and a minimum fine of $50,000.
As a criminal defense attorney I can tell you that if you are charged with trafficking marijuana, you want to make certain you have the best criminal defense lawyer or attorney because the state is very strict about drugs and trafficking.
If you want to speak to a criminal defense lawyer in Boise, call (208) 472-2383 for a free consultation. It can mean the difference between doing time and your freedom.
According to the Idaho Code anyone who knowingly delivers or brings into the state or who is in possession of 1 pound of marijuana (but less than five) or twenty-five marijuana plants, is guilty of the felony of trafficking marijuana. For this amount of marijuana there is a mandatory 1 year prison sentence and at least a $5,000 fine. If you are caught with between 5 and 20 pounds of marijuana or between 50-100 marijuana plants you will be sentenced to a minimum of three years in prison and no less than a $10,000 fine. The penalty continues to increase until it reaches a maximum of 15 years in prison and a minimum fine of $50,000.
As a criminal defense attorney I can tell you that if you are charged with trafficking marijuana, you want to make certain you have the best criminal defense lawyer or attorney because the state is very strict about drugs and trafficking.
If you want to speak to a criminal defense lawyer in Boise, call (208) 472-2383 for a free consultation. It can mean the difference between doing time and your freedom.
Monday, February 7, 2011
Boise Criminal Lawyer Talks About Assault and Battery Over a Dog Biscuit
As a Boise Criminal Lawyer I found today's headlines almost humorous. Not in Idaho, but in Montana, a man tried to give a dog a biscuit through a man's fence. The man, to whom the dog belonged, thought the other man was trying to poison his dog. The owner of the dog grabbed the man and threw him up against the garage.
From a criminal defense prospective I wonder if there aren't two crimes involved here. There is obviously the assault and battery against the man who threw the other man against the garage. This is obviously an assault and battery. There was an unlawful touching and an act of violence. But, as a Boise Criminal Defense Attorney I wonder if the man feeding the dog could be charged with trespass. Certainly he was messing with the property of another. Not just with the dog but also by reaching through the fence. As a criminal defense lawyer I would offer this argument to the prosecuting attorney, the state's lawyer, and show that the man charged with assault and battery had been hassled and was responding to the threat; defense of property.
Whether or not it was a matter of pride the man against whom the assault and battery was committed reported that he was not injured.
From a criminal defense prospective I wonder if there aren't two crimes involved here. There is obviously the assault and battery against the man who threw the other man against the garage. This is obviously an assault and battery. There was an unlawful touching and an act of violence. But, as a Boise Criminal Defense Attorney I wonder if the man feeding the dog could be charged with trespass. Certainly he was messing with the property of another. Not just with the dog but also by reaching through the fence. As a criminal defense lawyer I would offer this argument to the prosecuting attorney, the state's lawyer, and show that the man charged with assault and battery had been hassled and was responding to the threat; defense of property.
Whether or not it was a matter of pride the man against whom the assault and battery was committed reported that he was not injured.
Wednesday, February 2, 2011
Boise Criminal Attorney Discusses Hate Crimes in Idaho
As a Boise Criminal Attorney I often get calls from individuals asking about hate crimes in Idaho. Idaho Code 18-7902 defines a hate crime as the malicious or with specific intent to intimidate someone because of their race, color, religion, national ancestry, or national origin to cause physical injury, damage, destroy or deface the property of another, threaten harm by act or word a person who fits within the above definition.
As a Boise Criminal Attorney I often hear from people that that definition does not cover all the people who are subject to hate crime, specifically gay people. If you are gay in Idaho and you have been subject to malicious harm or intimidation does the law protect you? Lawyers and attorneys will tell you it does, but it does in a different way than this code section provides. Boise lawyers and attorneys would tell you that you are protected under general Idaho law. For example, if you were the subject of malicious harassment and you were physically harmed the prosecuting attorney, the lawyer for the state, would charge the defendant with assault and battery. If your property was damaged intentionally and maliciously, the prosecuting attorney, the lawyer for the state, would prosecute the defendant on a property crime such as trespass, vandalism, arson, burglary etc.
No one should ever be belittled, demeaned, intimidated, ridiculed or physically or mentally harmed for any reason including their sexual orientation. Idaho law needs to enter the 21st century and include sexual orientation in the definition of hate crimes.
If you need to speak to a lawyer or attorney about crime in Idaho or the specific crimes of assault and battery, theft, larceny, burglary, possession, drugs or any other crime please contact our law firm at (208) 472-2383
As a Boise Criminal Attorney I often hear from people that that definition does not cover all the people who are subject to hate crime, specifically gay people. If you are gay in Idaho and you have been subject to malicious harm or intimidation does the law protect you? Lawyers and attorneys will tell you it does, but it does in a different way than this code section provides. Boise lawyers and attorneys would tell you that you are protected under general Idaho law. For example, if you were the subject of malicious harassment and you were physically harmed the prosecuting attorney, the lawyer for the state, would charge the defendant with assault and battery. If your property was damaged intentionally and maliciously, the prosecuting attorney, the lawyer for the state, would prosecute the defendant on a property crime such as trespass, vandalism, arson, burglary etc.
No one should ever be belittled, demeaned, intimidated, ridiculed or physically or mentally harmed for any reason including their sexual orientation. Idaho law needs to enter the 21st century and include sexual orientation in the definition of hate crimes.
If you need to speak to a lawyer or attorney about crime in Idaho or the specific crimes of assault and battery, theft, larceny, burglary, possession, drugs or any other crime please contact our law firm at (208) 472-2383
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