Blog Posts

Pretrial Services FACTS

10/3/2015

What is Pretrial Services?
Pretrial Services is a supervision and monitoring program ordered by a judge as a condition of bond or release for someone who has been charged with a crime but hasn't been to trial.

How long are people on the program?
Until the criminal case is resolved. The average length of time a person is on the program is just over three months.

Why are some people charged with crimes put on pretrial programs?
This is a decision made by the judge in charge of the criminal case who takes a wide variety of factors into consideration — like terms of employment, family responsibilities, and student status — when determining the best interest of the person who has been charged.

How can people be released from the program?
When the judge who has the case decides they can be released.

What monitoring programs are available?
The judge or Pretrial Services Unit officials determine what specific programs will be used for people in the program. For the monitoring of alcohol consumption, a portable breath testing device or an ankle monitor may be used. Random urinalysis (UA) can be done for both alcohol and/or drug consumption. A Global Positioning System (GPS) monitoring unit may be used to make sure people do not violate terms of pretrial release if they have restrictions on where they are allowed to go. Day reporting is another option.

Who chooses the alcohol monitoring program people in the program will be on?
The Judge may select a specific program or ask the Pretrial Services Unit to assess and select the program which is the best fit for each person in the program.

What are the fees associated with a Pretrial Program?
There is no cost for the direct supervision. There are costs for monitoring programs; the portable breath testing device is $7.50/day, ankle monitor is $9.50/day, GPS is $8.00/day, and urinalysis $12.50/test. Those prices are subject to change.
When does a Pretrial Program officially start?
It starts as soon as a judge signs the Pretrial Release Order. When scheduling Pretrial Orientation, the person in the program will be given specific instructions and expectations for each component of the program .

What if people are non-compliant during a Pretrial program?
The Pretrial Services Unit will immediately report misconduct to the 4th District Court and the judge in charge of the criminal case. This typically results in a sanction ordered by the judge, whether it be an immediate return to jail, the issuance of a warrant for contempt of court or an increase in bond.

Will other people drinking alcohol next to someone with an alcohol detection device set that device off?
Although these devices are quite sensitive, personal contact with one another will not affect the device.

Why are some people placed on pretrial program before being found guilty?
This is a court-ordered program where the Judge has found it necessary for some people to participate. The reasoning varies, but the most common reason is to monitor for alcohol or drug use.

What is the purpose of a Pretrial Program?
To enhance community safety, reduce failure to appear warrants, and save tax payer money by freeing a jail bed which could have otherwise been taken by a non-violent defendant. The long term goal of the program is to reduce recidivism in our community.

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What is a no contact order, who does it apply to and can it be lifted or modified?

9/22/2015

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NO CONTACT ORDER

A No Contact Order can only be imposed as part of a criminal case. The Judge may issue a No Contact Order in a pending criminal case, or as part of any sentence imposed in a criminal case.

Offenders who are arrested for any felony charge, or a misdemeanor charge of domestic violence, stalking, violation of a No Contact Order, or violation of a Protection Order, will appear before a Judge the next business day. The Judge, at that time, will arraign the offender, set a bond, and decide whether to impose a No Contact Order.

The terms of a No Contact Order vary depending upon the Judge’s order. You should not attempt to contact the protected parties listed in the No Contact Order when there is a No Contact Order in place unless there is a specific provision in the order that allows contact by some means. Again, the terms of a No Contact Order vary from case to case and are at the discretion of the Judge.

A violation of a No Contact Order is a crime and will result in new charges being filed.

MODIFYING THE NO CONTACT ORDER

Only the Judge can modify a No Contact Order. Either party listed in the No Contact Order may request that the Judge modify the No Contact Order. In order to have the No Contact Order modified, a Motion to Modify the No Contact Order must be filed. The Court will set a hearing on the Motion. At the hearing, the Judge may ask questions about lifting or modifying the No Contact Order. After hearing from the victim(s), the State, and the defense, the Judge will make a decision regarding the No Contact Order.

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How does the bond process work and how do I bond someone out of jail?

9/2/2015

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Once a friend or family member is accused of committing a crime they are taken to county jail

and are given the opportunity to post bail. All misdemeanor offenses have a statutory bond

amount that has already been pre-set. A felony offense requires the inmate to go in front of a

judge before a bond is set. Depending on the allegations against the defendant and the inmates

prior record as well as the ties the inmate has to the community will be the determining factors

the judge uses when setting a bond.

Once bond has been set, the inmate will be given the opportunity to contact a bondsman or a

loved one to get them out of jail until the court date is set. The bondsman will work with the

family and give them all the options necessary to help the family during this difficult time. A

cosigner is usually required. A cosigner guarantees that the defendant will appear at his/her

court dates until the defendant’s case is resolved through the court process. Most Bond

companies will allow payment plans if the defendant or family is having a difficult time getting

the premium. Monthly payments are usually figured based on the monthly income of the

cosigner as well as the defendant.

The Law Office of Jeffery E. Nona, can refer you to a professional local bondsman with years of

experience. They will walk you through the process and make it as easy as possible for you and

your loved ones.

The purpose of posting bail gives the defendant the opportunity to assist their attorney in the

preparation of their criminal case and any possible defenses they may have. It also allows them

to keep working that way they can continue to provide for their families and not lose their

employment sitting in jail waiting for future court dates.

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New Discounts Available!

6/24/2015

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Jeff Nona is now proud to offer Discounts for Active Military, Senior Citizens and Students. Thank you for you hard work and service. We are proud to be a part of this community! Please call our office for details! 208-332-1633

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Great Read - Know your rights

5/19/2015

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Extending Routine Traffic Stops Without Reasonable Suspicion is Unconstitutional

Takeaway: a law enforcement officer may not conduct a dog sniff of a car after an officer completes a traffic stop unless an officer can state specific facts justifying the extension of the stop.

Rodriguez v. United States:

            On April 21, 2015, the United States Supreme Court issued an opinion in Rodriguez v. United States, a case where an officer conducted a dog sniff of Rodriguez’s car after completing a traffic stop. In Rodriguez, the officer pulled Rodriguez over for driving on the shoulder of the road, which is a traffic infraction in Nebraska. The officer checked Rodriguez’s driver’s license and issued Rodriguez a warning for the traffic offense. The officer then asked Rodriguez if he could walk his dog around Rodriguez’s car, which he refused. Upon refusal, the officer immediately detained Rodriguez until a second officer arrived at the scene, at which point the officer walked the dog around the car. The dog alerted to the car, which resulted in a search of the car revealing methamphetamine. The traffic stop was extended approximately 8 minutes to allow the dog to sniff around Rodriguez’s car.

            Rodriguez was indicted on federal drug charges and later sentenced to five years in prison. Rodriguez then filed a Motion to Suppress the evidence seized from his car because the officer detained him without reasonable suspicion of the presence of drugs, which prolonged the traffic stop an unreasonable amount of time (approximately eight minutes). The Motion to Suppress was denied by the magistrate court, district court, and eventually the Eighth Circuit Court.

            On appeal from the Eighth Circuit, the United States Supreme Court agreed to hear Rodriguez’s case. The Supreme Court found that the officer’s actions violated Rodriguez’s Fourth Amendment rights. The Court held that reasonable suspicion is required to extend a traffic stop and conduct a dog sniff. In other words, without specific facts (more than a hunch) indicating that drugs are present in a car, a dog sniff of a car is not allowed after a traffic stop has been completed. Because of this, under Rodriguez, an officer must be able to state specific facts that indicate drugs exist in a car to extend a traffic stop. If an officer cannot show such facts exist, then a dog sniff conducted after completion of a traffic stop will be considered unreasonable and any evidence seized from the car may be suppressed.

            The Supreme Court’s opinion in Rodriguez was based off the purpose of an everyday traffic stop. The purpose of a traffic stop, ordinarily, is to address the traffic violation authorizing the officer to stop a car, which includes “determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance.” Once the purpose of the stop is fulfilled, the individual pulled over should be allowed to go on his or her way.

            The purpose of a traffic stop is not to find drugs or “sniff” out other illegal activity. If an officer does not become aware of specific facts that suggest other criminal activity exists during a stop, then an officer may not extend the stop. This is exactly what happened in Rodriguez and what is now considered a violation of an individual’s Fourth Amendment rights.

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No Contact Orders in Idaho After State v. Herren

3/13/2015

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No contact orders (“NCO”) usually arise out of cases dealing with domestic violence or where other types of violence occur against a victim. When a person violates a NCO by contacting a person protected by the order, serious legal consequences can result, including jail time, probation, community service, and fines and costs.

            Idaho law gives courts the authority to issue “an order forbidding contact with another person.” Idaho Code § 18-920. A violation of a NCO occurs when a NCO has been issued and “the person charged or convicted has had contact with the stated person in violation of an order.” Idaho Code § 18-920(2).

            NCOs also contain language which states in relevant part: a “Defendant shall not contact (including: in person or through another person, or in writing or e-mail, or by telephone, pager, or facsimile) or attempt to contact. . .or knowingly remain within 100 feet” of the protected person. State v. Herren, 339 P.3d 1126, 1130 (2014).

            In a recent decision from December 9, 2014, the Idaho Supreme Court addressed whether the crime of violating a NCO is defined by Idaho Code § 18-920 or a NCO. Id. at 1128.

            In Herren, a NCO was issued to protect Kip McDermott from his neighbor, Nathan Herren. The court issued a NCO against Mr. Herren after he tore down a portion of Mr. McDermott’s fence and was charged and convicted of malicious injury to property. Id. Later, Mr. Herren attended a homeowners’ association meeting that Mr. McDermott was also attending and Mr. McDermott called law enforcement to report that Mr. Herren was violating his NCO. Id.

            The magistrate court found Mr. Herren guilty of violating the terms of the NCO because he knowingly remained within 100 feet of Mr. McDermott. Id.

            However, Mr. Herren appealed, and the Idaho Supreme Court eventually heard his case. The Court focused its analysis on the plain language of Idaho Code § 18-920, which specifically prohibits “contact with the stated person in violation of the order (emphasis added).” Id. at 1130. The Court then referenced the language found in the NCO which states that: a “defendant shall not contact or attempt to contact. . .or knowingly remain within 100 feet (emphasis added)” of the protected person. Id. The Court explained that the use of the word “or” to separate the term contact from knowingly remaining within 100 feet, was meant to give separate meaning to the terms (emphasis added). Id.

            As a result, the Court held that Mr. Herren was not guilty of violating the NCO because Idaho Code § 18-920 only prohibits contact with a protected party and Mr. Herren did not contact Mr. McDermott as that term is normally understood (emphasis added). Id. So, even though the Court noted that Mr. Herren willfully remained within 100 feet of Mr. McDermott in violation of the NCO, his conduct was not a violation of Idaho Code § 18-920. Id.

            The Court emphasized that if it gave authority to the language found within the NCO, it would be giving judges the power to define criminal conduct. Id. at 1131. The Court stated that it is the legislature’s job to fix this problem, not the courts.

            The takeaway from the Herren case is that Idaho Code § 18-920 prohibits contact with a person protected by a NCO and the word “contact” is to be given its ordinary meaning. “Contact” includes physically touching or being within a close proximity to a person, calling, emailing, facebooking, tweeting, or other contact via social media, or attempting to contact someone through another person.

            However, this does not mean that it is advisable for a person who has a NCO issued against them to willfully remain in close proximity to the protected person. The best course of action is to stay away from the protected person and their residence until the NCO time period lapses or the NCO is lifted.

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DRUG CONVICTIONS AND FINANCIAL AID FOR STUDENTS

2/20/2015

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DRUG CONVICTIONS AND FINANCIAL AID FOR STUDENTS

Is it true that drug convictions might affect a student's ability to get federal student aid?

Yes - Your eligibility might be suspended if the offense occurred while you were receiving federal student aid (grants, loans, or work-study). When you complete the FAFSA, you will be asked whether you had a drug conviction for an offense that occurred while you were receiving federal student aid. If the answer is yes, you will be provided a worksheet to help you determine whether your conviction affects your eligibility for federal student aid.

If your eligibility for federal student aid has been suspended due to a drug conviction, you can regain eligibility early by successfully completing an approved drug rehabilitation program or by passing two unannounced drug tests administered by an approved drug rehabilitation program.

If you are convicted of a drug-related offense after you submit the FAFSA, you might lose eligibility for federal student aid, and you might be liable for returning any financial aid you received during a period of ineligibility.

Find more information on this topic at How do drug-related convictions affect my student loan eligibility?

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Minor In Possession (MIP)

2/12/2015

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Idaho enforces minor in possession (MIP) laws to discourage underage drinking and the possession of alcohol by anyone under the age of 21.

Drinking and Possessing Alcohol

It is illegal in Idaho for anyone under the age of 21 to possess, purchase, attempt to purchase, or serve alcoholic beverages. However, people who are 19 years or older may serve or dispense liquor during his or her employment in any place that is licensed to sell alcohol, including restaurants and retail locations. Violating this law will result in being charged with a misdemeanor offense.

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Change in Idaho Law: Warrantless Blood Draws No Longer Valid by Implied Consent

11/19/2014

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On October 29, 2014, the Idaho Supreme Court held that Idaho’s implied consent statute is not a valid exception to the warrant requirement for blood draws. State v. Wulff. This means that Idaho’s implied consent statute no longer gives police the power to draw your blood without a warrant and therefore Idaho drivers may refuse to submit to blood draws on this basis.

There are, however, still situations in which a police officer may draw your blood without a warrant. In those cases, determining whether or not a police needs a warrant to draw your blood is assessed case by case and based on the totality of the circumstances. And while the a person’s natural metabolism of alcohol by itself is not recognized as an exception to the warrant requirement, it is a factor that courts consider when determining if a warrantless blood draw is ok.

The takeaway from State v. Wulff is that Idaho’s implied consent laws do not give police officers the power to perform forced blood draws without a warrant. It is also still important to note that in some situations warrantless blood draws are still allowed, but those exceptions are determined by considering the circumstances in each case.

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Great Testimonial - Thank you!

10/30/2014

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Trusting, protective, reassuring

I recommend Jeffery Nona.
When we first faced this complex and serious criminal charge against our daughter , Jeff Nona took on the challenge by immediately visiting her at the jail and then contacted us to report what he could do and advice on how to proceed with this new frightful issue in our family that we had never experienced before.
Often we were fearful and he'd explained the challenges a head of us and because of his vast knowledge and experience we always felt relieved and comforted about what to expect. Jeff immediately responded to all our questions and reassured us that things were on target and what to expect next. We gained a trust in his ability to have our daughter's best interest at heart and he spend quality necessary time with her and our family. In this way it helped her to retain her dignity as well and alleviate our family's concern. We saw that he was highly regarded and respected among his legals associates. His legal staff, Lisa was in lock step with Jeff and our case and did everything to maintain a professional and highly knowledgable service.
We would highly recommend him to others who are facing serious legal charges to take on your case.

Narnia

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