Tuesday Tip: Lessening DWI Sentences in Idaho
Over 90% of all criminal cases result in convictions, so if an attorney can't get the case dismissed, his job is to do "damage control:" get the client through the experience with the least amount of damage (fines, jail time, other sanctions imposed by law) as possible. As to drunk driving, prosecutors and judges are tough on these defendants because they don't want to open the local paper and see that someone who got a break on their watch just killed someone on the highway. They will want some sanction to satisfy the need for punishment, rehabilitation and restitution for any damage done by the defendant.
If you have been cited for DUI, you will have to appear in court several times. The first appearance in a misdemeanor DUI is the arraignment. At the arraignment you appear before a magistrate judge and enter a plea of "guilty" or "not guilty."
In Idaho, the second appearance in a misdemeanor case is the pretrial conference. At the pretrial conference, the prosecutor discusses the case with the defense attorney. If the two are able to come to an agreement for a plea arrangement which is acceptable to the defendant, the defendant may be sentenced at that time. In some cases, the judge may order a drug and alcohol evaluation be completed before he allows the defendant to be sentenced.
In any event, the defendant should always be dressed appropriately when he appears in court. Think business attire or church attire. What the defendant wears sends a message to the judge concerning whether he takes the charge seriously and whether he is showing respect to the court. There are some judges who will refuse to sentence a defendant who is not properly dressed, and they make the defendant return on a later day, properly dressed (this is especially true for juvenile defendants; judges have no problem doing what is necessary to impress upon juveniles the importance of showing respect for the judicial system).
It is also important to show respect for all involved in the legal proceedings. If a judge sees a defendant treating his clerks or bailiffs with disrespect, he will take it as a personal affront to himself, as judges work with the same clerks and bailiffs day in and day out for years, and they see them as close friends or family.
Punctuality is important. Don't be late for your hearing. A judge can do many bad things to people who show up late for criminal proceedings: find you in contempt and have you cool your heels in jail, fine you, or issue a warrant for your arrest for failure to show up for a hearing. That's trouble you don't need, and even if you avoid these consequences, showing up late for court sends the judge a message that you don't "get it" and that he needs to do something to get your attention.
And you don't want the judge adding something to your sentence to get your attention.
Some people think letters from friends, family or colleagues at work help during sentencing. I will say they are 100% irrelevant in determining guilt or innocence. They are generally helpful when being sentenced for a felony charge. When being sentenced on a misdemeanor DUI, they may be helpful if there appear to be aggravating circumstances which will give the judge reason to sentence you harshly. Don't ever give one of these letters to a judge without showing it to your attorney first; let your attorney be the judge whether the letter will or will not help.
Remorse: All judges want to see this in a defendant appearing for sentencing. Never blame your crime, DUI or otherwise, on another person. Stand up and take responsibility and give the judge reason to believe it is the last time he will ever see you in his courtroom. In cases in which aggravating circumstances may be present (repeat offense, victim injured, great damage done, etc.) you will want to demonstrate what steps you have undertaken to make sure this does not happen again. All this should be discussed with your attorney.
Hopefully, after going through this process once, the defendant will learn and takes steps to change his behavior. For that reason, judges are more lenient on first-time offenders. When there are one or more subsequent DUI offenses, the penalties increase; the consequences are much harsher.
So if you do drink, drink responsibly and have a designated driver with you, or be prepared to call a cab later, so you can arrive safely and, in the long run, save a lot of money.
If you have been cited for DUI, you will have to appear in court several times. The first appearance in a misdemeanor DUI is the arraignment. At the arraignment you appear before a magistrate judge and enter a plea of "guilty" or "not guilty."
In Idaho, the second appearance in a misdemeanor case is the pretrial conference. At the pretrial conference, the prosecutor discusses the case with the defense attorney. If the two are able to come to an agreement for a plea arrangement which is acceptable to the defendant, the defendant may be sentenced at that time. In some cases, the judge may order a drug and alcohol evaluation be completed before he allows the defendant to be sentenced.
In any event, the defendant should always be dressed appropriately when he appears in court. Think business attire or church attire. What the defendant wears sends a message to the judge concerning whether he takes the charge seriously and whether he is showing respect to the court. There are some judges who will refuse to sentence a defendant who is not properly dressed, and they make the defendant return on a later day, properly dressed (this is especially true for juvenile defendants; judges have no problem doing what is necessary to impress upon juveniles the importance of showing respect for the judicial system).
It is also important to show respect for all involved in the legal proceedings. If a judge sees a defendant treating his clerks or bailiffs with disrespect, he will take it as a personal affront to himself, as judges work with the same clerks and bailiffs day in and day out for years, and they see them as close friends or family.
Punctuality is important. Don't be late for your hearing. A judge can do many bad things to people who show up late for criminal proceedings: find you in contempt and have you cool your heels in jail, fine you, or issue a warrant for your arrest for failure to show up for a hearing. That's trouble you don't need, and even if you avoid these consequences, showing up late for court sends the judge a message that you don't "get it" and that he needs to do something to get your attention.
And you don't want the judge adding something to your sentence to get your attention.
Some people think letters from friends, family or colleagues at work help during sentencing. I will say they are 100% irrelevant in determining guilt or innocence. They are generally helpful when being sentenced for a felony charge. When being sentenced on a misdemeanor DUI, they may be helpful if there appear to be aggravating circumstances which will give the judge reason to sentence you harshly. Don't ever give one of these letters to a judge without showing it to your attorney first; let your attorney be the judge whether the letter will or will not help.
Remorse: All judges want to see this in a defendant appearing for sentencing. Never blame your crime, DUI or otherwise, on another person. Stand up and take responsibility and give the judge reason to believe it is the last time he will ever see you in his courtroom. In cases in which aggravating circumstances may be present (repeat offense, victim injured, great damage done, etc.) you will want to demonstrate what steps you have undertaken to make sure this does not happen again. All this should be discussed with your attorney.
Hopefully, after going through this process once, the defendant will learn and takes steps to change his behavior. For that reason, judges are more lenient on first-time offenders. When there are one or more subsequent DUI offenses, the penalties increase; the consequences are much harsher.
So if you do drink, drink responsibly and have a designated driver with you, or be prepared to call a cab later, so you can arrive safely and, in the long run, save a lot of money.
For more information regarding penalties for a DUI conviction in Idaho please visit: http://abrowninglaw.blogspot.com/2015/06/penalties-for-dui-conviction-in-idaho.html
Sources for more information:
Burglin, Paul. "Mitigating the Monster In a DWI Case." The Champion 38 (2014): 28-30. Print.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning is an attorney who can also help with DUI , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Sources for more information:
Burglin, Paul. "Mitigating the Monster In a DWI Case." The Champion 38 (2014): 28-30. Print.
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