So you got charged with a misdemeanor in Idaho....now what do you do next?

Article by: Travis Rice, Attorney at Law, PLLC

A misdemeanor is a "lesser" criminal act. Its more serious than an infraction like your average traffic ticket. But it is less serious than a Felony. The punishments for a misdemeanor generally are less harsh than felonies, and include less jail time, less fines, and less cost. The Idaho Code Title 18 Sect. 18-113 states every offense declared to be a misdemeanor is punishable to up to six months in the county jail and or a $1,000 fine. 

Misdemeanors are serious though. You should not underestimate the penalties a misdemeanor may have on various aspects of your life. Misdemeanors can effect future employment, obtain schooling, and keep professional licences, and in the cases of DUI's it will effect your insurance prospects. Its very important, to get competent reputation from someone you can trust and preferably someone who specializes in criminal law. Don't use the guy that did your grandpa's will because he seemed like a nice guy and who says "I don't practice much criminal law." Criminal Law is a specialty. You wouldn't want a dentist practicing heart surgery on you right? The surgeon and the dentist are both doctors. But one is used to doing teeth while the other is used to working on the heart. But in a world without licencing requirements I bet a lot of doctors/dentists would just take your money and perhaps botch the job. Its the same with attorneys. So...find someone who practices criminal law and is in court on a daily basis. Don't chance it. 

So...you've either bonded out after your arrest or you've been given a summons to appear in court. The summons is usually a piece of paper stating the charges and gives you a series of days that you have to contest it. The first thing you want to do is plead not guilty. I highly recommend doing this immediately. The sooner you do this the sooner it gets resolved. You don't want to forget about it. Its called an "arraignment." All you do is plead not guilty to the charge. Remember everyone has the right against self incrimination, the right to a trial, and the right to representation if you so desire. So..don't let the time go by and pass because you think you are guilty. You want a trained eye to review the evidence in your case, to help you determine how to proceed. That's where the experienced attorney comes in. 

When you look for an attorney you should look for some of these things

1. A person competent in criminal law

2. A person who you trust

3. A person you get along with and can explain things to you

4. A person who can reasonably communicate with you. 

5. A person who is professional and uncompromising.

Price should be the last thing you consider when choosing an attorney but the reality is, its usually a persons biggest concern when choosing a lawyer. Lawyers vary in what they charge, so nothing is uniform. Look for someone who does a one time flat fee retainer and a hourly trial fee. I find this is the fairest to my clients. Some attorneys charge multiple retainers so watch out for that. Also, they might charge an exuberant amount for full representation when your case will most likley not go to trial. Just use common sense.

Once you have chosen a lawyer your next step is to develop a plan and review the evidence with them. Be as up front as possible. Develop a strategy and manage your expectations with your attorney. The attorneys job is to review to make sure the State does their job, they protect your rights, and give you advise on how to proceed. Never stop being involved. I love clients who take charge of their case, who have reasonable expectations, and who help me by providing as much details as possible. 

I hope this helped.