Happy New Year! If you are out celebrating this New Years Eve (or enjoying some football in the days after) and the celebration involves alcohol, don't risk it - Take A Cab!
Law Enforcement Is Watching! Drive Safe - And Sober - This NYE.
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!
DUI While Riding A Horse??? I Have So Many Questions...
Most of the time people are arrested for DUI during the operation of a car, truck, boat, motorcycle, or ATV. Every now and again you even hear stories of DUI while operating a bicycle. DUI on a horse was a new one for me... 53 year old, Donna Byrne of Lakeland, Florida was charged and arreste...
Defining Paraphernalia
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?
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.
"What Time Should I Show Up To Court?" ...and other important practical questions.
What should I do when I get to court? Do I need to check in with anyone when I get to court? How do I know what courtroom my case is in? How long will my hearing take? Should I bring anything to court with me?
Big Win In Boise County!
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.
Will I go to jail if convicted on a first DUI charge?
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
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.
Fundamental Rights of a Criminal Defendant
Listed below are the 15 primary federal constitutional rights guaranteed to criminal defendants in the United States to promote fair trials.
Stages Of A Criminal Case
The general steps seen in almost every criminal case.
The Traffic Stop: Reasonable And Articulable Suspicion
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.
Idaho's Habitual Offender Statute
In Idaho, if a person is convicted of a felony for the third time, he/she will be considered a ‘persistent violator of law.
Your Rights and Responsibilities When Dealing With Law Enforcement
YOUR RIGHTS You have the right to remain silent. If you wish to exercise that right, say so out loud. You have the right to refuse to consent to a search of yourself, your car or your home. If you are not under arrest, you have the right to calmly leave.
Is It A Search For A K9 To Sniff My Car?
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.
What Is SLD?
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...
Drug Recognition "Experts"
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.
Will A DUI or Misdemeanor Possession Charge Effect My FAFSA?
The ramifications that can be felt after being charged with a DUI or Misdemeanor Possession in Idaho can be far reaching. In many cases, you may not have even realized some of the difficulties that you could encounter based on these charges.
What To Do If You Are Stopped By Law Enforcement For Questioning
Stay calm. Dont run. Dont argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them. Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a rig...
Ada County DUI Trial - NOT GUILTY!
Yesterday marked another big DUI win in Ada County. Craig Bell was acquitted of Driving Under The Influence after a one day court trial.
Free Legal Advice...Part 2 of 5
Over the next couple weeks or so I have decided to impart 50 free legal tips. Some of these tips will seem fairly obvious but they are all based actual events.
Free Legal Advice...Part 1 of 5
Over the next week or so I have decided to impart 50 free legal tips. Some of these tips will seem fairly obvious but they are all based actual events. Here are tips 1-5.
BAC!!!! Sorry I just hacked up something.
Blood Alcohol Content In the State of Idaho, you can be arrested and convicted for Driving Under the Influence (DUI) if you are discovered operating a vehicle with a Blood Alcohol Content (BAC) over .08. If you're driving with a commercial license, the limit is .04, and the limit for drivers und...
Field Sobriety Tests, Impossible To Pass?...Probably
Field Sobriety Tests were created to demonstrate a driver's level of cognitive function and coordination, both of which are diminished when under the influence of drugs or alcohol.
Expungement....No such thing in Idaho!
Any criminal conviction can have serious and life-long implications.Today's job market is incredibly competitive - a criminal conviction, however inconsequential or seemingly irrelevant, can be the difference between a dream job and unemployment.
What the heck is a "Per Se" DUI?
If you are arrested for drunk driving in Idaho you could be facing one of two Driving Under the Influence (DUI) charges: a Per Se violation or a non-Per Se violation. This article is meant to help you differentiate between the two.