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Our Practice Areas

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Assault & Battery

While assault may not include actual physical harm, but rather encompasses threats of harm or minor harm, battery involves unlawful touching, striking, or causing harm to another person. Assault is a misdemeanor and is punishable by up to 3 months in jail and a fine as large as $1,000. Battery is also a misdemeanor, punishable by up to six months in jail and a fine as large as $1000. Aggravated Assault is a felony, punishable by up to five years in prison and up to a $5,000 fine. Aggravated Battery is a felony punishable by up to 15 years in prison.

inside of truck cab


For drivers who rely on a commercial driver’s license, getting slapped with a charge related to driving under the influence (DUI) can be catastrophic. Unlike other drivers in Idaho Falls, a commercial driver will require his or her license to continue to work and earn an income. When your career has been detrimentally affected because of a run-in with the law, you need the help of an Idaho Falls DUI attorney from the Cutler Law Office, P.A. Our firm is dedicated to protecting the constitutional rights of individuals throughout Idaho Falls and surrounding areas.

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Domestic Battery

Domestic Battery usually involves the unlawful touching or striking of another who is a spouse, x-spouse, or a person with whom you have child in common or cohabitate with. If there is no injury the offense will be a misdemeanor which can be punished by up to six months in jail. If a traumatic injury occurs, however slight, the Domestic Battery will be charged as a felony and can be punished by up to a $5000.00 Fine and up to five years in prison. If a child witnesses the Domestic Battery, the punishments can be doubled.

person opening package of drugs

Drug Crimes

Drug Crimes can result in very serious penalties which will be dependent on whether you possessed personal use amounts of the drug or have distribution quantities and are involved in selling drugs. Further, the type of drug you possess or sell factors into the punishment. Crimes like trafficking carry mandatory minimum prison sentences. A highly skilled Idaho Falls criminal defense lawyer can work to have your charges reduced, or perhaps even dropped if the state made errors during your stop, interrogation, or arrest.

person rolling a joint in car

Drugs and Driving

Compared with cases of alcohol intoxication, determining a driver’s intoxication level while he or she is under the influence of drugs or controlled substances can prove to be much more difficult. Because of the unique chemical composition that every person has, test results can vary widely from one individual to the next. Consequently, creating standardized levels of drug intoxication that can be used universally would be problematic. Unfortunately, law enforcement officers still try to make an arrest based on their subjective view of what they believe to be intoxication due to drugs or controlled substances.

beer on tap being poured


DUI crimes can result in your being sentenced to jail, steep fines, and the loss of your driver’s license. Collateral damages can continue far after you have served your criminal penalties; your insurance rates may be so high as to be unaffordable, you may have to have an ignition interlock device (“blow and go”) installed in every vehicle you drive at your own expense, and you may find it difficult to secure employment.

government building interior

Federal Crimes

Federal Crimes typically have much harsher penalties than state crimes. Any crime that occurs on federal property may be charged federally, along with some drug offenses, certain sex crimes, any crime that involves crossing a state line, computer crimes, weapons offenses, money laundering, bank crimes, and other white-collar crimes.

person trying to break open door

Theft Crimes

Theft crimes can range from shoplifting, which usually qualifies as petty theft, or theft of an item worth less than $1000, to grand theft, which includes items valued at $1000 or more, along with theft of livestock, and extortion. Petty theft is a misdemeanor, while grand theft is a felony.

person with hand on gun

Violent Crimes

Violent Crimes are usually felonies, resulting in serious prison time, life in prison, or even the death penalty for certain homicides. Violent crimes include murder, manslaughter, rape, sexual assault, arson, burglary, robbery, and aggravated assault.

How Cutler Law Office, P.A. Can Assist with Your Criminal Defense

If you’ve been arrested for a criminal offense, you need an attorney quickly, and you need an attorney with experience and knowledge regarding your particular offense. Criminal cases have important deadlines—sometimes as short as 7 days. The earlier you call the Cutler Law Office, P.A., the more effective we can be. Attorney John Cutler has over 3 decades of experience in criminal and DUI defense and a track record of outstanding positive results litigating the most difficult criminal defense cases.

Attorney John Cutler will fully dig into the reports, videos, and facts of your case, listening carefully to your account of the facts, then zealously research and investigate the case. He will then develop a comprehensive plan with you that will help you make the very best decision and guide you.  Then he will work through that plan in a professional, thorough manner. Whether the case ends in a favorable plea deal for you or goes to trial, John will be right there with you throughout the process.

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Janel H.

...Goes Above & Beyond...

Cutler Law Office goes above and beyond what others may not. I was being charged with someone else’s property and John took the time to talk to me and not just to hear my side but to get to know the person I am, then he said he wanted take it to trial if I did, he believed in me and he never just settled. We won my case getting it dismissed, I highly recommend Cutler Law Office to anyone that needs a great attorney and an amazing person to support them. Shauney is also so caring and always willing to help. 5 stars are not even enough for Cutler Law Office. Thank you John.

How to Select the Best Criminal Defense Attorney for Your Case

If you understand the importance of having an excellent attorney when you are facing criminal charges, then your next step is to ensure you hire the very best criminal defense attorney for you and for your case. Like any profession, not all lawyers are created equal, and finding the right lawyer can make a significant difference in the outcome of your case. While searching for an attorney can be daunting, it could also be the most important decision you will make. Consider the following when you are choosing a criminal defense attorney:

  • The attorney you choose should be responsive. While you cannot expect your attorney to respond immediately in every single instance, he or she should answer your telephone calls or emails in a timely manner.  Since time is of the essence in a criminal case, you need an attorney who can begin working on your case almost immediately.
  • When you are facing criminal charges, you need an attorney who is experienced in criminal law. You need an attorney who not only knows all the rules, procedures, and laws pertaining to your offense but who also keeps up with any changes to the laws. A criminal defense lawyer who has significant experience in the practice of criminal law is simply going to have a better understanding of your charges and the right defense(s) for your crime rather than an attorney who only dabbles in criminal law. An attorney who regularly practices criminal law also knows all the “players” involved, including judges, prosecutors, and court staff. This experience and relationships can benefit you and your case.
  • The best criminal defense attorney knows the basics of any Idaho criminal case without having to look it up.  Because of their experience they should be able to clearly explain the law and your options to you so that you have the information you need to make your best choices regarding your case.
  • The best criminal defense attorney will have clear billing practices giving you a good idea of what to expect regarding the fees and costs of your case.  A good and experienced criminal defense attorney will probably not be the least expensive attorney, but with your future and liberty at stake, this may not be the place to nickel and dime.
  • The criminal defense attorney you choose should be ready and willing to conduct a thorough investigation looking for defenses and motions that should be filed.  While your case may or may not go to trial, your attorney should prepare as if it will go to trial. This means he or she is never caught unaware, causing a potential problem for you.
  • Courtroom experience and confidence matter in a criminal defense case. Criminal trials move quickly. Sometimes your criminal defense lawyer has mere seconds to make an objection that could potentially impact the outcome of your case.
  • While your criminal defense lawyer controls the specific methods of mounting your defense, he or she should always leave decisions like whether to accept a plea agreement or whether to plead guilty or go to trial up to you—after taking the time to explain the consequences of those decisions.

You may ask for referrals from friends, family, and co-workers when you are looking for a criminal defense attorney, or you may browse the Internet to find likely candidates. If you’ve used any type of lawyer in the past, you might ask them who they would recommend for a criminal case. Word of mouth is often the best way to get an honest opinion. Never be afraid to ask questions of a potential criminal defense attorney, while remembering that time is of the essence right now.

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Frequently Asked Questions

Can I Go to Jail After My First DUI Arrest?

Following a DUI arrest in Idaho, you are likely anxious about your...

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.


What Are the Different Types of Criminal Trials?

All defendants have the right to a jury trial on misdemeanor and...

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.

Criminal Law FAQs

What Does a Criminal Defense Attorney Do?

In the criminal justice system, there are two types of criminal defense...

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.

Criminal Law FAQs

What Does a Judge Consider When Sentencing?

In determining a sentence, the judge needs to consider the factors listed...

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.

Criminal Law FAQs

What Happens to First-Time DUI Offenders?

Being charged with a DUI in Idaho Falls can be a very...

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.


What Are the Federal Drug Schedules?

If you’ve been charged with a federal drug crime, you may have...

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.

Criminal Law FAQs

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How Can a Criminal Defense Attorney from Cutler Law Office, P.A. Help?

Attorney John Cutler was a prosecutor before he became a criminal defense attorney. This gives him a unique perspective on your case, as he knows how to present your case in the best light to prosecutors, judges, and juries. John will fight for you because he understands what’s at stake—your future. With over three decades of experience, John Cutler will zealously fight for you every step of the way, answering all your questions, and explaining the process.

If you have been charged with a crime in Idaho Falls (Bonneville County), Blackfoot (Bingham County), Rigby (Jefferson County), St. Anthony (Fremont County), Rexburg (Madison County), Arco (Butte County), or Island Park (Fremont County), contact John Cutler today for superior legal representation. Attorney John Cutler practices primarily in the 7th Judicial District of Idaho and is ready to speak to you today.  For the best outcome possible, contact Cutler Law Office, P.A. today.

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