Criminal charges in Idaho Falls can have a lasting impact on your life, from potential jail time and fines to a permanent criminal record that affects your future opportunities. No matter the type of charge you face, navigating the Idaho legal system can feel overwhelming.
At Cutler Law Office, P.A., we understand what’s at stake and are here to provide experienced, aggressive representation tailored to your case.
Contact us today or call 208-525-4858 to protect your rights, explore your options, and take the first step toward a strong defense.
Idaho Criminal Facts and Statistics
According to the most recent data available from the Idaho Statewide Crime Profile, there were 4,601 total violent crimes reported in 2023. This marks a decrease of 2.42 percent from the previous year. Aggravated assault is, by far, the most common violent crime committed in Idaho, making up 75 percent of all violent crimes in the state. Rape is the second-most common violent crime in the state, making up almost 13 percent of all violent crimes in the state.
The Criminal Defense Practice Areas of Cutler Law Office, P.A.
Our Idaho Falls criminal defense attorneys handle many types of criminal cases, including:
Assault and 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 and battery are both misdemeanor offenses, while aggravated assault and battery are felonies carrying more severe sentences.
Domestic Battery
Domestic battery usually involves the unlawful touching or striking of another who is a spouse, ex-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 may be charged as a felony. If a child witnesses the Domestic Battery, the punishments can be doubled.
Drug Crimes
Drug crime charges in Idaho Falls 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 sale factors into the punishment. Crimes like trafficking carry mandatory minimum prison sentences.
DUI
A DUI charge can result in you being sentenced to jail, steep fines, and losing your driver’s license. Collateral damages can continue far after you have served your criminal penalties. For example, your insurance rates can skyrocket, 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.
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.
Theft Crimes
Theft crimes in Idaho Falls can range from shoplifting to grand theft. Petty theft charges such as shoplifting, or theft of an item worth less than $1000, are misdemeanors. Grand theft, however, which includes items valued at $1000 or more, along with theft of livestock, and extortion, is a felony charge.
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.
Criminal Sentencing in Idaho Falls
In every criminal sentencing, the Judge will give an underlying sentence and then decide if they will have you serve the sentence or suspend the sentence and place you on probation with terms and conditions to complete. Sentencing will depend on the type of charge you face.
What Does a Judge Consider When Sentencing?
When determining a sentence, judges consider factors under Idaho Code § 19-2521(1) in state court and 18 U.S.C. § 3553 in federal court. The goal is to impose a sentence that promotes respect for the law, provides just punishment, deters future crime, protects the public, reflects the offense’s seriousness, and supports rehabilitation.
Factors like prior criminal history, the presence of a victim, and whether the crime was a one-time mistake weigh heavily in the decision. Both the prosecutor and defense attorney can present recommendations.
At Cutler Law Office, P.A., we take sentencing seriously, working to highlight your positive qualities and mitigating circumstances. We aim to present you to the judge as more than the crime you’re charged with, advocating for a fair and compassionate sentence.
Felony Sentencing
In felony cases, the underlying sentence includes a fixed term of prison followed by an indeterminate term. For example, a two-year fixed sentence followed by five indeterminate years means you must serve two years in prison and up to 5 more years but may be paroled after 2 years
After that, the judge may retain jurisdiction and send you to the IDOC’s Rider program, which lasts up to one year. This program includes classes, counseling, and work assignments to address behavior or addictions. Upon completion, the judge reviews your progress and decides whether to place you on probation or send you to prison.
Misdemeanor Sentencing
For misdemeanors, the judge assigns an underlying sentence but may suspend jail time and other parts of the sentence and require probation instead. Riders are not an option for misdemeanors, though some jail time can be part of probation.
Probation
If the judge suspends the sentence, you will serve probation instead of prison, provided you follow all conditions. Probation terms may include warrantless searches, curfews, drug tests, classes and treatment, and reporting to a probation officer. Violations can result in prison time on a felony case, or serving some of the suspended jail time on a misdemeanor case. As a convicted felon on probation, you lose certain rights, such as voting or firearm possession.
Withheld Judgments
For misdemeanors or felonies, a judge may grant a Withheld Judgment. If granted, successfully completing probation allows you to withdraw your guilty plea, have a not-guilty plea entered, and dismiss the case.
This does not erase the case but changes the disposition to dismissed. A judge may only grant you one Withheld Judgment in a lifetime. However, similar relief may be available under Idaho Code § 19-2604.
What Are the Different Types of Criminal Trials?
All defendants in Idaho have the right to a jury trial for misdemeanor and felony charges, and in most cases, a jury trial is the best option. In a jury trial, the judge oversees legal procedures while the jury decides the facts and guilt or innocence. Alternatively, you can waive your right to a jury trial and opt for a bench trial, where the judge decides both the law, the facts and guilt or innocence.
Bench trials may be preferable in specific situations, such as when the case involves complex legal issues that jurors might not fully understand, or when extensive prior criminal history could unfairly bias a jury. Judges are often better equipped to focus on whether the prosecution has met its burden of proof, without being influenced by prejudicial evidence.
What Does a Criminal Defense Attorney Do in Idaho Falls?
Criminal defense attorneys can be either public defenders, appointed by the government, or private attorneys you hire. While public defenders are assigned, hiring a private attorney allows you to choose the best fit for your case.
An Idaho Falls criminal defense attorney investigates your case, reviews evidence, and identifies defenses or weaknesses in the prosecution’s case. They work to secure an acquittal or negotiate a favorable plea deal to reduce penalties. If a trial is necessary, your attorney represents you by selecting a jury, examining witnesses, and challenging the prosecutor’s case.
If convicted, your attorney advocates for a fair sentence and may file an appeal when appropriate. With your future at stake, having skilled legal representation is essential to protect your rights and interests.
Do I Need a Lawyer for a Criminal Defense Case in Idaho Falls?
In case you wonder whether you really need a criminal defense attorney for your case, the answer is a resounding “yes.”
Your Idaho Falls criminal defense lawyer will:
- Prepare for trial or negotiate plea deals to reduce charges and penalties.
- Develop tailored sentencing arguments and guide you through the judicial process.
- Offer objective, knowledgeable insights into your case and its potential outcomes.
- Navigate complex legal rules and explain the consequences of pleading guilty.
- Invest time gathering evidence, interviewing witnesses, and hiring investigators.
Prosecutors hold significant discretion over charges, and an experienced attorney’s relationships with local prosecutors and judges can greatly benefit your case. In addition, an attorney’s familiarity with local court practices and preferences ensures your defense is presented in the most effective way possible.
Having skilled legal representation can make all the difference in protecting your future.
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.
Contact an Idaho Falls Criminal Defense Lawyer Today
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), you need 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. or call 208-525-4858 today.
