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Welcome to the blog! Below you will find posts that cover a wide variety of topics centered around Criminal Defense and Civil Litigation.
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Defining Paraphernalia

Posted by William Young | Nov 29, 2017 | 0 Comments

Pursuant to Idaho law, It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale...

How Much Marijuana Is A Felony In Idaho?

Posted by William Young | Nov 29, 2017 | 0 Comments

Marijuana is a Schedule I substance under the Idaho Uniform Controlled Substances Act. Possession of any amount of marijuana is illegal in Idaho but can be classified as either a misdemeanor or a felony depending on the facts of the case. See: Idaho Code Ann. § 37-2705(d)(22) Possession Posses...

Law Enforcement Is Watching - Avoid A Thanksgiving DUI

Posted by William Young | Nov 22, 2017 | 0 Comments

The days before, during, and directly after Thanksgiving Day are some of the busiest for travel in the US. More traffic means more stress, more accidents, and a much higher police presence. Thanksgiving Day has earned the title “Deadliest Day of the Year” due to the high number of fatal car acci...

Big Win In Boise County!

Posted by William Young | Nov 03, 2017 | 0 Comments

I had a big win in Boise County this week. In a DUI case, I was able to convince the Court to suppress all evidence obtained as a result of the illegal and unjustified stop of my clients vehicle. The Court agreed that the stop was in violation of the 4th Amendment to the United States Constitution and Article 1 § 17 of the Idaho Constitution. As all or nearly all the evidence against my client was obtained as a result of this stop, I anticipate that the Boise County Prosecutor's Office will be filing a motion to dismiss the charge here shortly.

Will I go to jail if convicted on a first DUI charge?

Posted by William Young | Nov 01, 2017 | 0 Comments

Each DUI case is unique. The facts of the case, criminal record of the defendant, the county of conviction, and damage done (if any) during the commission of the crime will all be important factors leading to the sentence imposed by the court for a conviction. No one can promise a specific result; anyone who tells you otherwise is trying to sell you a false bill of goods. That being said based upon my experience I can give you a general idea of what a "standard" first DUI conviction entails.

What to do if you are pulled over or arrested for DUI

Posted by William Young | Oct 26, 2017 | 0 Comments

While no one expects to be stopped and charged with drunk driving, it is a common charge in Idaho. Below is some information to help you if you are pulled over or charged with DUI in Idaho. Keeping Silent One of the most important things that you should do if you are arrested for drunk driving,...

Fundamental Rights Of A Criminal Defendant

Posted by William Young | Oct 25, 2017 | 0 Comments

Listed below are the 15 primary federal constitutional rights guaranteed to criminal defendants in the United States to promote fair trials. The right to due process of law The right to equal protection under the law The right to be free from unreasonable search and seizure The right agains...

The Traffic Stop: Reasonable And Articulable Suspicion

Posted by William Young | Oct 06, 2017 | 0 Comments

The Supreme Court has mandated that in order for a police officer to pull a motorist over for a suspected DUI, the officer must have reasonable suspicion of illegal conduct. However, there is a great deal of disagreement about what constitutes reasonable suspicion that the driver has been drinkin...

What is an "Excessive" DUI?

Posted by William Young | Oct 03, 2017 | 0 Comments

Most people know that the legal limit in Idaho is .08 but less well known is that another legal limit exists. Not Every DUI is the same. If you are arrested for a DUI and your blood alcohol concentration (BAC) is .20 or higher you will be charged with an “excessive” DUI. A conviction for your ...

Idaho DUI Defense

Posted by William Young | Sep 26, 2017 | 0 Comments

There are a number of different defenses that can be utilized by a skillful DUI defense attorney to cast reasonable doubt on any DUI investigation. If you have been arrested for a DUI, you may be extremely worried about the impact it will have on your life. It is important to remember that an arr...

Idaho's Habitual Offender Statute

Posted by William Young | Sep 25, 2017 | 0 Comments

In Idaho, if a person is convicted of a felony for the third time, he/she will be considered a ‘persistent violator of law. All three felonies do not need to be convictions from within the state of Idaho. Once the person is convicted the third time, he/she will be sentenced to prison for no less...

Is A K9 Sniffing My Car A Search?

Posted by William Young | Sep 13, 2017 | 0 Comments

Any person who has been pulled over by an officer for a traffic violation may have their car sniffed by a drug dog during the traffic stop. The U.S. Supreme Court, in Illinois v. Caballes, stated that a drug dog could perform a sniff of a stopped car regardless of the reason for the stop. Accordi...

What Is SLD?

Posted by William Young | Sep 06, 2017 | 0 Comments

Sheriffs Labor Detail SLD stands for the Sheriffs Labor Detail, sometimes also known as the Sheriffs Inmate Labor Detail (SILD). This is a work crew overseen by the Sheriffs Office made up of low risk offenders who choose to performs public labor rather than serving their sentence actually i...

What to Expect at Your Initial Consultation

Posted by William Young | Sep 06, 2017 | 0 Comments

For many people, their first meeting with an attorney may be the first time in their life that they have had to meet with a lawyer. You have already experienced a range of emotions. You are probably concerned, angry, and nervous. Here are some tips for what to expect and how to make the most out of your consultation.

Can The Police Draw My Blood Without My Permission?

Posted by William Young | Sep 06, 2017 | 0 Comments

The recent arrest of a nurse in Salt Lake City for obstructing a criminal investigation has many people asking the same question - is it legal for the police to take my blood without receiving my permission? According to nation wide news articles (Idaho Statesman article here) the head nurse at...

Drug Recognition "Experts"

Posted by William Young | Sep 05, 2017 | 0 Comments

Do not plead guilty to a DUI just because a Drug Recognition Expert says you were impaired. A Drug Recognition Expert relies heavily on assumptions and judgment calls. These assumptions are frequently not based on fact, which means they could lead to the arrest of a completely innocent individu...

Why Is Chain Of Custody Necessary?

Posted by William Young | Aug 22, 2017 | 0 Comments

Chain of custody is necessary for authentication and identification: The individual blood sample was taken from the Defendant; It is the same sample taken in relation to this case; It was properly handled and transported in accordance with lab policy and procedure; It was not contaminated i...

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