Charged with a Crime in Boise? Key First Steps to Protect Your Future

The most crucial advice anyone can receive upon being questioned by law enforcement is to exercise their Fifth Amendment right to remain silent. It’s natural to want to explain your side of the story or prove your innocence, but anything you say can be misinterpreted or used against you in court. Police officers are trained to gather evidence, and even seemingly harmless statements can be detrimental to your case.

Politely state, “I am exercising my right to remain silent, and I would like to speak with an attorney.” This is not an admission of guilt; it is a constitutionally protected right. Do not discuss the case with anyone—not police, not cellmates, and not even family or friends over recorded jail phone lines—until you have consulted with your lawyer.

Time is of the essence after an arrest. The sooner you retain legal counsel, the better protected you will be. An experienced Boise criminal attorney can intervene early, potentially influencing charging decisions, preserving crucial evidence, and ensuring your rights are not violated during the initial stages of the investigation.

Your lawyer will handle all communications with law enforcement and prosecutors, guide you through bail and arraignment proceedings, and begin crafting a defense strategy tailored to the specifics of your case. Whether you are facing charges for a DUI, drug possession, assault, or theft, having a skilled advocate from the beginning is paramount.

As soon as you are able, write down every detail you can recall about the incident and your arrest. Memories can fade quickly, especially under stress, so capturing the specifics is vital for your defense. Your notes should be for your attorney’s eyes only. Include details such as:

• The date, time, and location of the incident.
• Everyone who was present and what they said or did.
• The sequence of events leading up to the police interaction.
• Specific questions asked by the police and how you responded.
• Whether you were read your Miranda rights.
• Any potential witnesses who may support your case.

This detailed account will provide your legal team with a strong foundation to build your defense and identify any procedural errors or constitutional violations made by law enforcement.

The criminal justice process in Ada County can be intimidating. After an arrest, the typical stages include:

• → Arraignment: Your first court appearance where you are formally charged and enter a plea (typically “not guilty” at this stage). Bail conditions are also set.
• → Pre-Trial Conferences: A series of meetings between your defense attorney and the prosecutor to discuss the case, review evidence (discovery), and negotiate a potential plea agreement.
• → Motion Hearings: Your attorney may file motions to suppress evidence that was illegally obtained or to dismiss the charges based on legal arguments.
• → Trial: If no plea agreement is reached, the case proceeds to trial where a judge or jury will determine your guilt or innocence.
• → Sentencing: If you are found guilty, the judge will impose a sentence based on Idaho law and the specifics of your case. In some cases, a well-argued criminal appeal may be an option.

Having an attorney who is familiar with the local courts, judges, and prosecutors in Boise is a significant advantage. The experienced attorneys at Davis & Hoskisson Law Office have decades of combined experience navigating the legal landscape across Idaho.

Should I agree to a police search of my property or vehicle?

Generally, you should not consent to a search. The Fourth Amendment protects you from unreasonable searches and seizures. If police ask for your consent to search, you have the right to refuse. If they have a warrant or probable cause, they may search anyway, but your lack of consent is important for your attorney to note later.

What is the difference between a misdemeanor and a felony in Idaho?

Misdemeanors are less serious offenses, typically punishable by up to one year in county jail and fines. Felonies are much more serious crimes, carrying potential sentences of more than one year in a state prison, significant fines, and the loss of certain civil rights, such as the right to own a firearm. For those who have lost this right, seeking restoration of firearm rights may be possible later on.

Can I get my case dismissed?

Dismissal is a possibility under certain circumstances. A skilled criminal defense lawyer will thoroughly review all evidence and police procedures. If there was a violation of your constitutional rights, a lack of evidence, or other legal flaws in the prosecution’s case, your attorney can file a motion to have the charges dismissed.

How much does a criminal defense lawyer in Boise cost?

The cost varies widely depending on the complexity of the case, the severity of the charges, and the attorney’s experience. Most criminal defense lawyers work on a flat fee or an hourly retainer basis. It is crucial to discuss fees during your initial consultation. Investing in an experienced private attorney can often lead to a better long-term outcome than relying on a public defender who may have an overwhelming caseload.