After adjudication, the formal judgement on a matter of contention, a juvenile has the opportunity to use the right of expungement.
What is Expungement in Idaho?
Idaho Criminal Defense and DUI Defense Attorney Blog
Welcome to the Schofield and Young Blog!
Below you will find posts that cover a wide variety of topics centered around Idaho Criminal Defense, including:
- Criminal Defense Strategies
- Idaho DUI Defense Topics and DUI Laws
- Answers to Common Questions
- Advice For Criminal Defendants and Their Families
- Boise (Ada County) Specific Criminal Defense Issues
- Idaho Law and Any Changes
- Idaho Supreme Court Decisions
- High Profile Idaho Criminal Cases
- Firm Case Results
- Observations Made By Our Attorneys
- And Anything Else We Think Might Be Important To The Idaho Community
If you are looking for information and can't seem to find it here, contact us! We would be happy to answer whatever questions we can.
Check back for regular updates!
What is the difference between Jail and Prison?
Jail and prison are ideologically the same thing: to take away the privilege of freedom. If you have been found guilty of a crime, and your punishment entails serving jail or prison time, then you have lost your privilege to freedom. You will be placed in a facility that restricts your access to ...
Misdemeanor and Felony DUI: What Is A Sentencing Hearing?
A sentencing hearing is typically the final step in a criminal case. The Defendant has already been found guilty or plead guilty at or prior to this hearing. After both parties have presented evidence and argument, the court will decide which penalties to impose as a result of the conviction.
Understanding The Criminal Justice System: Part 3
The trial in a criminal case can determine whether a person keeps their freedom or if they do not. This is by far one of the largest steps in the criminal justice system process, but is by no means the end of the process. It is important to understand the steps in this process if you have been ...
Understanding The Criminal Justice System: Part 2
If a defendant's case, whether a misdemeanor or felony charge, is not resolved with a plea deal, or during a preliminary hearing, then the case will head to a trial where the defendant will be either proven guilty or not guilty of the charges brought against them. The trial itself is a different ...
Understanding The Criminal Justice System: Part 1
The criminal justice system can be complex and often intimidating to those new to its rules and processes.
DUI: Indicators Of Intoxication
Pursuant to Idaho law, officers must have multiple indicators of intoxication in order to initiate a DUI investigation. The first is almost always "driving pattern" (the reason you are pulled over).
Idaho DUI - Administrative License Suspension
Administrative License Suspension When you fail a BAC test the Department of Transportation suspends your drivers license for 90 days beginning 30 days from the date of failure.
First Offense DUI Penalties In Idaho
"I have never been in any trouble before...I made a mistake...I am scared...What is going to happen to me?"
Indicator of Intoxication During DUI Investigation: Bloodshot, Watery, or Red Eyes?
Pursuant to Idaho law, officers must have multiple indicators of intoxication in order to initiate a DUI investigation. The first is almost always "driving pattern" (the reason you are pulled over). Beyond this, the three most common indicators listed by Law Enforcement:
What Happens On A Third DUI In Idaho?
A third DUI violation within 10 years or a subsequent DUI violation with a previous Felony DUI or Aggravated DUI within ten (15) years, including withheld judgments, is a FELONY
Big Win In Ada County (Reckless Driving)
Big win! Lately I have been seeing a lot of people charged with reckless driving in Ada and Canyon counties.
Do I Need An Attorney For A Misdemeanor Case? 4 Things To Consider...
Even in misdemeanor cases you may need a lawyer. Even the smallest criminal case can have drastic long-term effects. The risk of proceeding on your own is high and could be dire.
Idaho Juvenile Criminal Case Process
Juvenile Case Process With the exception of certain traffic, alcohol, tobacco, and watercraft violations, persons under the age of 18 years who violate any f...
Anatomy Of A Trial In Idaho
The 4th Judicial District Website has again provided us with some interesting information, this time about the anatomy of a trial (https://fourthjudicialcourt.idaho.gov/overview/trial_anatomy.html). Anatomy of a Trial At the time a case is set for trial, a decision must be made as to whether ...
Idaho Criminal Case Process
What is the general criminal case process in Idaho?
Know Your Rights - What To Do If You Are Arrested
What should I do if law enforcement officers arrest me? The officer must advise you of your constitutional rights to remain silent, to an attorney, and to have an attorney appointed if you cannot afford one. You should exercise all these rights, even if the officers don't tell you about the...
Should I Just Plead Guilty?
Many people charged with DWI do not take the charges seriously. They feel that pleading guilty will be the easiest way to get the process over with. Most attorneys will advise that this is not always a good idea.
When Can Police Search Your Car Or Home?
The Fourth Amendment to the U.S. Constitution protects citizens privacy in their “persons, houses, papers, and effects, against unreasonable searches and seizures.” This protection applies to searches and seizures by the government or by someone else at the direction of the government. To search...
How much should I pay for a reckless driving attorney?
If you've received a reckless driving citation in Idaho, you've likely considered hiring an attorney.
Big Win In Valley County
Big Win In Valley County! This was a case involving a client who was investigated for the sale of large quantities of marijuana. After utilizing a confidential human informant (CI) during the investigation the Valley County Prosecutor's Office charged this individual with 3 felony counts.
No One Wanted To Press Charges - Why Am I Still Charged With A Crime?
Who Is Pressing Charges Against Me? Todays post deals with one of the most common misconceptions about the legal system: Individual citizens get to choose to either press or not press charges. People believe that if the victim does not want the accused to be charged with a crime then then no ...
How Do I Get My Case Dismissed?
Every person since the beginning of time wants their case dismissed. While this is an understandable goal, most people lack the understanding of whether this is a realistic goal...
Idaho's Infamous "Rule 11" Plea Agreement
Idaho's Infamous Rule 11 Plea Agreement. I often get questions about a “Rule 11” agreement - what is it and who is eligible to receive it? A Rule 11 plea agreement is a binding plea agreement. It is an agreement entered into by the parties for a certain sentence.
Speeding Tickets In Idaho - Read Before You Call!
Idaho Speeding Tickets I get calls nearly every day from people looking to fight traffic tickets in Idaho. Many of these people are from out of state or have never received an Idaho traffic citation before.