Eight tips on how to get your criminal charge dismissed in Idaho!

 By Travis Rice

    One of the most common questions I get is..."cant the judge dismiss the case?" Most people want criminal charges dismissed because it can cause employment issues, family disputes, shame and embarrassment, and financial stress. But, criminal charges are far more complicated to get dismissed than people think, but its not impossible. Here are eight tips to obtain a dismissal of your criminal charge in Idaho. 

1. Hire an aggressive and trustworthy lawyer. Hiring a lawyer has many advantages and increases your chance of a dismissal. If your thinking about representing yourself I would highly encourage against that option. For starters, hiring a lawyer will allow a second set of eyes on the case and a lawyers judgement may give you much needed advice on how to proceed with your case. A lawyer generally can take the time to get all the documents and evidence and review them as it regards to the law. Sometimes Prosecutors either charge the case wrong or don't uncover the necessary information to allow them to dismiss the case outright. In addition, a lawyer may negotiate with the State for a dismissal based on a legal or factual information. It is very important to secure a lawyer first if you want the best shot at a dismissal in your case.   

2. Look up the law yourself and assess your case. I know this is probably the last thing you want to do. Too many people think that the law is either too hard to understand, don't know where to look, or think that someone else can do it better. If you hire the right lawyer, then the lawyer should appreciate your input and guide you on the path you choose. If the lawyer is frustrated by your contributions or is upset when you ask questions, I advise you to seek new counsel immediately. All too often people think that the lawyer himself will do everything for them. But, in a criminal case, the big decisions are yours and yours alone to make. If a lawyer is too used to talking people into plea deals he may be upset when you challenge his decision making. A lawyer should merely assist and advise you on your path. 

    If you think the law is complicated, your right. But, if you have questions you can always ask your lawyer to help you. As for finding the law, the Idaho Constitution, Idaho Statues, and Jury Instructions are all online. I attached a link at the bottom of the page to help assist you in finding them.

    Lastly, don't leave all the case updates to your attorney. Check out the ICourt Portal to find that information.

3. Tell your Attorney everything early. Meeting with your attorney soon and often can give your attorney the best possible chance for a dismissal. The best possible source for an attorney for information is the client. If the Attorney is too busy to meet with you or talk on the phone you should consider addressing that problem. There is nothing I hate more as a lawyer, than not knowing the full story. When a client hides information then its merely potholes for me to avoid while trying to do a complicate job. I strongly encourage everyone to be honest and upfront with me.

4. Make a good impression. Have you ever heard the expression that its the "little things in life" that make a difference. I have found this statement to be true! Please be aware that every minute you are in the courtroom you are making an impression on the prosecutor, the judge, and the staff. It is a good idea to make a positive impression on the Court. In order to make a positive impression you must be polite and respectful of the process. I have found a judge or prosecutor is way more likely to dismiss a case if a person shows them by their actions if they will not be commiting the same mistake. This can be done through your actions in court. 

5. Pursue suppression motions and preliminary hearings. A suppression motion is merely a motion by your attorney to get evidence which violated your constitutional rights thrown out. If appropriate, a suppression motion may be made on both felony and misdemeanor cases. What this motion will do is eliminate the evidence in the states case which generally will lead to a dismissal. A preliminary hearing is different. A preliminary hearing is a court hearing to determine if there is probable cause for the offense. Generally this is only done in felony cases and it is not done in all felony cases. If you have a preliminary hearing discuss with your attorney your options. The state may dismiss a felony at that point, and if they choose refile it.    

6. If your case involves a plea agreement, hope of a dismissal is not lost, ask your lawyer about a withheld judgment. A withheld judgment occurs when you plead guilty to a crime but the court does not impose judgement. At the end of the period of probation or treatment the case can essentially be dismissed. Which means you can honestly say that you were never convicted of the crime. A withheld judgement is not appropriate in every case, but many folks qualify. Its important to either get this into a plea deal or address this issue with the judge at sentencing. 

7. Get into a specialty court. Some specialty courts like Domestic Violence Court, Vet Court, and Drug Court can allow a dismissal after you complete the program. Of course, this is all based on your performance in these programs. Its a good chance for you to prove yourself and after it allows the court to reward you with a dismissal. 

8. You can have your case dismissed after the fact. Many prosecutors or judges believe in convicting people in order to help them follow the rules of society. Most are unwilling to dismiss a case outright but after a period of time you are able to ask for a dismissal again. Idaho is unique in that it allows you to do so. Idaho Code 19-2604 allows a dismissal or reduction after the conviction. 

Please view the links below for more information

Idaho Code (statutes) online

Idaho Constitution online

Idaho Criminal Jury Instructions

Idaho Criminal Rules

Idaho Rules of Evidence

I Court Portal (finding your case online)