Boise Divorce Attorneys Role in Domestic Violence Prevention

In today's paper there was an article about a domestic violence standoff over the weekend in Boise. As a Boise Divorce Attorney I often hear form people who find themselves in similar situations. The article outlined how a Boise woman was charged with aggravated assault and two counts of domestic violence. The Boise man was charged with violating a no-contact order and two counts of domestic violence.

Divorce lawyers often recommend that their client's file for a temporary restraining order in order to prevent domestic violence from happening. The case in the newspaper today outlines how restraining orders are not an absolute protection against domestic violence. Could something have been done differently? The newspaper article was not clear but from the view of a Boise divorce lawyer the outcome could have been different. When you have a no-contact order in place the party whom it is protecting can call the police if the other party breaks the no-contact order. It sounds as if the police were not called until after there was a confrontation.

If you need to speak to a Boise Divorce Attorney about a divorce or a domestic violence situation in Idaho, please call (208) 472-2383

Boise Criminal Lawyer Discusses Drug Court

As a Boise Criminal Lawyer I often hear from people wanting to know if they or their friends or family are eligible for drug court. Drug Court was established as an alternative sentencing for drug charges. You do not have a right to be admitted to drug court but you can be considered after you undergo a criminal assessment and a substance abuse assessment. You absolutely cannot be considered for Drug Court, however if you are charged, have been plead or have been found guilty of a violent crime or a felony crime where a deadly weapon or firearm was used. You also cannot be considered for Drug Court if you were charged, plead or found guilty of a felony attempt, intent to commit, or conspired to commit a sex crime.

Drug Court provides alternative sentencing in the fact that it provides for graduated sanctions and rewards, substance abuse treatment, court monitoring and supervision of progress, educational and/or vocational and any other requirement set forth by the Court.

Idaho Courts have acknowledged that the use of drugs in Idaho is a serious problem. Drug Court in Idaho was established to help reduce over crowding in jails and to help get treatment for those who use drugs. As a Boise Criminal Attorney I see it as a good opportunity for individuals to turn their lives around after they have been caught up using drugs and are convicted of drug charges.

Boise Criminal Attorney Discusses Larceny

As a Boise Criminal Attorney I often get calls from people who have been charged with larceny. Larceny is the crime of theft.

Last week I got a telephone call from a young man who was charged with larceny. He had switched a price tag and tried to purchase a Walmart boxed stereo for a whoppingly reduced price. Using a "clearance" price tag, the young man took the stereo to the check out where he was apprehended.

He wanted to know if he had any defense to the crime. He said that he had just gone through divorce and a custody battle, he was recently charged with a DUI and he had no money. On top of it all he said he was just joking around. He was offering information for me to find a criminal defense for him. No such luck. According to Idaho Code, if you switch price tags to get a lessor price that is theft.

I have talked to other Boise attorneys and specifically other Boise Criminal Lawyers who have had the exact same type of telephone call. Many lawyers, however, say that these particular calls are becoming less because of the use of computer pricing, but many attorneys say they still hear it enough to know that that particular theft law is not out-dated.

As a Boise Criminal Attorney I can tell you if you intend to get a lessor price for something and you do something to make it appear that the lessor price is the price it is theft and even though it is sad, divorce or a child custody battle, a DUI, lack of money or joking around do not make a criminal defense.

Boise Criminal Attorney Discusses the Difference Between Assault and Battery

As a Boise Criminal Attorney I often get asked what the difference between assault and battery is. Assault as defined by the Idaho Code is when a person has the ability and tries to harm another or a person intentionally threatens to do harm, coupled with the ability to do that harm. Battery is the unlawful use of force or violence against another, actual, intentional and unlawful touching of another or intentionally causing bodily harm to another.

So what does all that mean? To lawyers and to attorneys and to you it means the difference between up to a $1000 fine and/or up to 3 months in jail (assault) and up to a $1000 fine and/or up to six months in jail (battery), unless you commit battery against a pregnant woman. If you batter a pregnant woman (you have to know she is pregnant) then you can be put in jail for up to one year.

To lawyers and attorneys it also means, did you touch the person or not? Assault is the threat of harm and battery is the actual touching. As a Boise Criminal Attorney people often ask me why they have been charged with both crimes. Assault is the lessor offense and if you have actually unlawfully touched another you will be charged with both crimes just in case the evidence of the battery is not sufficient to convict you.