You may have heard people talking about a “Rule 35” and wondered, “what is a Rule 35?” and, “Should I apply for a Rule 35?” This article gives a brief explanation of Rule 35 and when it may apply to your case. Rule 35 refers to Idaho Criminal Rule 35, which controls a Motion for[…]
Direct Appeal or Action for Post-Conviction Relief. There are two ways to challenge your criminal conviction in Idaho. First, you can make a direct appeal to the Idaho Supreme Court. The second is an action for Post-Conviction Relief. They are made to different courts, address different issues, and have different timelines of when the court has[…]
Why does the United States have the highest incarceration rate in the world? Is there something inherently wrong with Americans (we’re just bad people?) or is there something wrong with the criminal justice system? A report from the Prison Policy Initiative (PPI), Mass Incarceration: The Whole Pie 2017, tries to help us answer those question[…]
Curt McKenzie, as a member of the State Senate, serves on a committee to reform the public defense system in Idaho. Here is the link to the Spokesman Review article form our November 10, 2015 hearing.
The State had charged our client with injury to child and resisting and obstructing arrest. After we reviewed the discovery we filed a motion to dismiss the charges because they police had conducted a warrantless search of our client’s home without justification and charged her with resisting and obstructing merely for refusing to speak with[…]
In Idaho, if you are arrested for DUI–driving under the influence of alcohol or other intoxicating substances–and fail an evidentiary test by having an alcohol concentration over the legal limit, the arresting officer will serve you with a “Notice of Suspension.” This notice is an Idaho Transportation Department imposed Administrative License Suspension (ALS suspension), issued in accordance[…]
In February, McKenzie Law Offices, PLLC went to jury trial on behalf of a client accused of Felony Aggravated Assault, Felony Domestic Battery with Traumatic Injury, and Domestic Battery in the presence of a Child. The State also charged our client with attempting to influence a witness and three counts of violating a no contact order[…]
Canyon County Prosecutors dismissed aggravated battery charges after McKenzie Law Offices argued that it was too late in the process to amend to new charges. Instead, the prosecutors dismissed the case entirely and refiled as mayhem charges. http://www.idahopress.com/members/charges-to-be-refiled-against-man-suspected-of-biting-woman/article_02355c5a-5c02-11e4-95b8-c7336d6fbf07.html
As a member of the Idaho Legislature’s Public Defense Reform Interim Committee, I am looking at ways to ensure that the State of Idaho does its constitutional duty with respect to representation of the indigent. A copy of the agenda is attached here. Meetings are open to public, and you are encouraged to attend.
According to the National Research’s Council’s 464 page report, reported on by the Washington Post, April 30, 2014, (link here), the cost of the “war on drugs” in the United States — for families, communities, state budgets and society — has simply not been worth the benefit in deterrence and crime reduction.