Criminal Defense Lawyer in Idaho

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Idaho Criminal Defense Attorney

Brian Kuester
Attorney Brian Kuester
Idaho Criminal Defense Team Lead
Former US Attorney
Former District Attorney
Ellen Comley
Attorney Ellen Comley
Defense Team Lead
Senior Counsel
Roger Bach
Roger Bach
Team Consultant
Former Special Agent (OIG)

To many people, Idaho is famous for the fact that it supplies America with a significant number of potatoes each year. However, it is also known for its ability to create hydroelectric power thanks to the Snake River and Lake Coeur d’Alene. The state is also known for being home to the blue turf at Albertsons Stadium, which is home to the Boise State Broncos football team. Albertsons is a large grocery store chain that has its headquarters in Boise. Of course, if you commit a crime, you might also get to spend some time in one of the state’s holding facilities.

Know Your Rights

If you are detained by the police, you have the right to remain silent. You must generally be made aware of this right if an officer plans to take you into custody or if you are asked to submit to an interview. While you also have the right to an attorney, this right may not come into play until you are taken into custody or otherwise charged with a crime.

In the event that you are not informed of these rights, it’s possible that anything you say may be stricken prior to a trial. It’s worth noting that the standard for invoking your rights to remain silent and to obtain legal counsel vary from jurisdiction to jurisdiction. Therefore, it’s typically in your best interest to be very clear and firm when notifying an officer that you don’t want to answer questions and that you would like to have an attorney present.

Hire an Attorney Early During the Legal Process

Ideally, you will hire an Idaho criminal defense attorney as quickly as possible. The sooner that you obtain counsel, the easier it will be for that person to do the best possible job for you. This is partially because the longer you wait to obtain counsel, the less you know about what the government knows about your case.

Let’s say that you didn’t know that the state had no idea that you were at the scene of a crime as it took place. Let’s also say that because of this lack of knowledge, you informed authorities that you were at the bar where you allegedly got into a fight. Even if you didn’t actually engage in any illegal behavior, the fact that you put yourself at the scene might make it easier to justify pressing charges or make it easier to get a conviction.

Of course, if you were aware of the government’s ignorance, you may choose to omit that fact. In fact, you may even choose to say nothing during an interrogation or to anyone else about the case knowing that refraining from talking will keep authorities in the dark.

It is important to note that anything you tell your attorney is confidential. Therefore, you should tell your attorney if you were at the scene of a crime or any other details that might be pertinent to your case. Based on the information that you provide, your counselor might take proactive steps to protect you such as obtaining footage from the crime scene or other information that might help exonerate you.

Reasons to Hire an Attorney from The Criminal Defense Firm

One of the best reasons to hire The Criminal Defense Firm is that many of our attorneys are former federal agents or federal prosecutors. Therefore, we have an ability to consider the perspectives of all involved in a case, which may make it easier to create a defense that will work in your case.

Another key reason to hire us is that you will always work with a senior associate as opposed to a junior associate or paralegal. This means that the person who you meet with after your initial consultation is the person who will help with pretrial, trial, and other proceedings.

Finally, you can feel good knowing that we can help with just about any type of criminal case that you might have. Whether you have been charged with drunk driving, a financial crime such as tax evasion, or a violent crime like murder or assault, there will be someone available to help protect your reputation.

A Closer Look at Charges Usually Levied by State Authorities

Assault and Battery

Assault and battery are generally thought of as the same thing, but there are a couple of key differences between the charges. First, you don’t need to actually touch someone to be charged with assault. As long as you have intentionally created an apprehension of imminent harm, an assault may have occurred. Second, battery requires physical contact, while assault does not.

Drunk Driving

Driving while under the influence of alcohol may result in jail time, a license suspension, and other penalties. You can be charged with DUI if your blood alcohol content is at or above .08%. Authorities may also charge you with DUI if you are showing signs of drug or alcohol impairment such as slurred speech or difficulty staying in the correct lane.


Larceny means that you have taken goods that don’t belong to you with the intention of keeping them permanently or selling them to another party. You may face either a misdemeanor or felony charge depending on the value of the goods that you take as well as whether you stole them from a person or a retailer. Enhanced penalties may apply if you used a gun to steal money or goods from a victim.

Frequently Asked Questions

What determines the severity of a sentence?

If you are convicted of a crime, the judge will take a variety of factors into account when determining your sentence. For instance, the severity of the crime, your criminal history, and other aggravating factors will influence whether you go to prison or simply spend a few months on probation. Generally speaking, a felony can lead to greater penalties than a misdemeanor (they always carry harsher penalties, but what is actually imposed may vary), while those who lack a criminal record may receive leniency from a judge. If you agree to a plea deal, you’ll learn your fate long before your sentencing date. Of course, there is a chance that a judge will reject the deal and impose a different sentence.

What types of evidence might be used at trial?

The prosecution might use witness testimony, the results of toxicology tests, or DNA evidence in an effort to prove its case. Your Idaho criminal defense attorney might use expert testimony, video footage, or other records to cast doubt on what the prosecution has told the jury. You may also decide to testify in your own defense.

Why would I testify in my case?

Your lawyer may believe that telling your story to the jury may make you a sympathetic figure in your case. At a minimum, it may help to provide another layer of context to help explain your actions in a given incident. For instance, if you shot someone to prevent harm to your child, telling your story might sway the jury to your side. Of course, you don’t have to testify in your own defense or say anything at all during your trial. It’s also important to mention that you can testify even if your lawyer doesn’t think that doing so is a good idea.

Why can't an attorney guarantee an outcome in my case?

The primary reason why an attorney cannot guarantee an outcome in your case is that there is no way to predict what a prosecutor or a judge might do. It’s possible that a plea deal might be offered only to see it rescinded by the prosecutor before you have a chance to accept it. There is also a chance that the judge in your case may unexpectedly dismiss a charge or that a jury will convict despite the fact that the case against you appeared weak. In addition, an attorney has an ethical obligation to refrain from guaranteeing anything to a client.

What should I know about the initial consultation?

The initial consultation will take about 15 minutes and is offered free of charge. You don’t have to tell us your name, your location or anything else that you’d like to keep private. Anything that you do say will likely be covered by attorney-client privilege. Therefore, you can feel free to openly discuss your situation without fear that the government is listening to you or that we will leak anything that you have said to the authorities.

Contact The Criminal Defense Firm Today for Legal Help in Idaho

To get in touch with an Idaho criminal defense attorney, call our national intake number at 866-603-4540. You can also fill out the contact form on our website to learn more about how we can help or to schedule an initial consultation.

Areas of Practice in Idaho

Dallas 214-817-2053
Houston 713-454-7814
Detroit 313-634-0925
Baton Rouge 225-269-8749
New York 332-239-7345
Winter Park 407-890-0460
Miami 786-751-3247
Portland 207-222-7742
Nationwide 866-603-4540