Cutler Law Office, P.A.

Following a DUI arrest in Idaho, you are likely anxious about your future and uncertain of what steps you need to take to ensure the best outcome. One of your top worries is likely whether you will go to jail. Going to jail could affect your job, your family, your finances, and your future, so the possibility of jail is, understandably, a scary proposition. The answer to whether you will go to jail has much to do with the DUI attorney you hire. The sooner you have an experienced DUI attorney working for you, the likelihood of a better outcome is more possible.

All defendants have the right to a jury trial on misdemeanor and felony offenses and in almost all cases you want to have a jury trial. However, in some unique fact situation you may, after thorough analysis, decide to waive your right to a jury trial and have a trial with the judge as the sole decider of the case (Bench Trial). In a jury trial, the judge’s role is to be the “judge of the law,” while the jury is the “judge of the facts.” In a bench trial, the judge serves both these roles. In most cases we want a jury trial, but a bench trial might be preferable when your case is built on very technical, legal matters—since jurors often “tune out” on issues they do not understand. Another time a bench trial might be preferable is if an extensive prior criminal history will be presented. A judge may be better equipped to ignore this inflammatory evidence. A judge may also be more likely than a juror to be able to separate the notion that you “might” have committed a crime from the fact that the prosecution has not met its legal burden of proof.

In the criminal justice system, there are two types of criminal defense attorneys, public defenders, and privately retained criminal defense attorneys. Public defenders are appointed to represent you and are paid by the government.  Unfortunately, you do not get to pick your public defender. Alternatively, you can research the best criminal defense attorney for your case and hire them. Your criminal defense attorney will meet with you and gather all the necessary facts about your case by asking questions and reviewing the evidence.

In determining a sentence, the judge needs to consider the factors listed in Idaho Code § 19-2601 in Idaho State Courts and 18 U.S.C. §3553 in Federal Court. The judge is charged with imposing a sentence that is sufficient, but not greater than necessary to promote respect for the law, provide a just punishment, deter further criminal conduct, protect the public, and reflect the seriousness of the offense and rehabilitation of the person that committed the crime. A judge will usually take into consideration whether the defendant has a prior criminal history, whether the crime has a victim, and the defendant’s current life. This can include whether you, the defendant, simply made a one-time mistake when they normally lead a law-abiding life. The prosecutor and the defendant’s attorney may make recommendations to the judge.

Being charged with a DUI in Idaho Falls can be a very frightening experience. You may have gone out with some friends after work, then headed home, not thinking that the two drinks you had could result in you being over the legal limit. Idaho, like most other states, has a legal BAC limit of 0.08. Depending on your gender, weight, and other factors, two drinks could conceivably push you over the legal limit.

Now, you find yourself in the back of a police cruiser, being charged with DUI. You are, naturally, wondering what is going to happen to you. Will you go to jail? Will you lose your driver’s license? This is a time when you could benefit greatly from having a highly experienced DUI attorney who can answer your questions, aggressively defend your rights and your future, and ensure the best outcome possible.

If you’ve been charged with a federal drug crime, you may have questions regarding federal drug schedules. The seriousness of your charges and potential penalties may hinge on where the drug you are being charged with possessing or trafficking falls on the federal drug schedule. There are five categories or schedules, depending on whether there is an acceptable medical use for the drug, and the drug’s abuse or dependency potential. As an example, a Schedule I drug has a very high potential to create severe physical or psychological dependence.