Frequently Asked Questions
Our attorney, Jared Martens, at Martens Law Office, P.C., is a hard-hitting and experienced criminal defense attorney who defends you and your family from aggressive prosecution. If you are being investigated or have charges pending, it’s time to find an attorney who is well-respected by clients, judges and prosecutors alike. Jared Martens is recognized as one of the preeminent Idaho criminal defense attorneys.
Review answers to our most commonly asked questions below.
Why Hire A Criminal Defense Attorney In Idaho?
Arrested for a crime in Idaho? If so, it’s to your advantage to hire an experienced Idaho criminal defense lawyer to defend your case.
Being charged with a crime is a very serious matter. Not only could you lose your rights and freedom if you are found guilty, but your personal life may never be the same again. As a convicted criminal you may have difficulty finding a job, getting approved for loans, or forming new relationships. Your friends and family may no longer want to associate with you, and you could have trouble assimilating back into a community. Needless to say, having a criminal record carries a heavy stigma.
Hiring a skilled criminal defense attorney is the best way to fight your charges and protect your future. An experienced criminal lawyer will know of effective defense strategies to use depending on what type of charges you are facing and the circumstances of your crime. In addition, often the prosecution and detectives involved in your case will try to use aggressive interrogation tactics in an attempt to coax a confession or incriminating testimony out of you. With an attorney at your side, your attorney can speak on your behalf, advise you as to what you should and should not say, and make sure your constitutional rights are not violated. In addition, should you have any questions or concerns throughout the legal process, your attorney can provide you with the answers and explanations you need.
What Are Your Fees And Payment Policies?
During your initial consultation, we will tell you about our fees and payment plans. We understand that the cost of an attorney is an expense that you were not expecting. We offer fees at a flat rate to assist you with your budgeting. You may also pay by the hour under a retainer agreement.
We accept cash, checks, and credit cards. Currently, we accept Visa, Mastercard, American Express, and Discover.
The initial consultation is free, so there is no risk on your part and you will learn just what your rights and options are. When we are finished, if you’re not convinced that we will be able to protect you to your complete satisfaction, then you can simply decline representation with our firm.
Some individuals try to defend themselves without legal assistance, but this is usually a mistake because the penalties can be harsh, the process is confusing, and undesirable long-term consequences may result, especially as it pertains to future employment in a competitive market. Good legal representation can decrease many of these concerns.
What Are My Miranda Rights?
You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.
The Miranda warning – known to pretty much anyone who has ever watched a police drama on television – is an explanation of the Constitutional rights of a criminal defendant. This warning, made famous by the 1963 case of defendant Ernesto Miranda, must be given to anyone being interrogated while in police custody. There have been various interpretations of the warnings over the years, but none more controversial than the recent Supreme Court decision of Berghuis v. Thompkins.
In the Berghuis case, the Court decided that Miranda rights come with a caveat. The Court’s analysis of defendant Chester Thompkins’ case ended with the decision that although Mr. Thompkins literally exercised his right to remain silent – not speaking for the first three hours of intense police interrogation – incriminating statements that he made later into the questioning session can indeed be used against him. The Court specifically stated that one wishing to remain silent pursuant to his or her Miranda rights has, oxymoronically, to state that he or she wishes to remain silent. In essence, the right to remain silent must be invoked orally with an unambiguous statement that the person being questioned “is exercising the right to remain silent.”
Some – particularly defense attorneys – say that the Supreme Court has been steadily chipping away at criminal defendants’ rights for years now and that the Berghuis case is just the latest in a long line of cases designed to lessen the protections that defendants are offered under the Constitution. Others say that the revised warnings are a necessary tool in the government’s arsenal to protect the country from domestic terrorism, specifically modifying the protections offered to U.S.-born terror suspects.
This case is sure to be both strenuously defended and opposed in the weeks and months to come. In the meantime, though, if you have been charged with a crime, seek the counsel of an experienced criminal defense attorney in your area who can both advise you of your rights and begin mounting a defense on your behalf.
Contact A Boise Criminal Lawyer
Although hiring a private criminal defense attorney can be expensive, it is an investment that is well worth it. After all, this is your future we’re talking about. While a public defender is always an option, he or she will not be able to provide you with the same level of attention and dedication that our Boise criminal defense lawyer at Martens Law Office, P.C., can provide you. Our attorney and staff have years of experience in the Idaho criminal system, and we understand what it takes to provide someone with effective criminal defense representation. Let us put our experience, knowledge, and resources to work by protecting your rights and helping you fight your charges!
To contact a Boise criminal defense attorney at Martens Law Office, P.C., please call 208-435-1132 today!