Legal Question in Criminal Law in Idaho

Felony Grand Theft

I am being charged with felony grand theft based on information from a previous employer. I had my arraignment today and am out on bail. The problem is this. The detective who handled the case and the prosecuting attorney are friends of one of the employees from my previous job. This ''person'' is very involved with law enforcement and politics. Her father was even a former judge. When this whole thing started, the detective called me and I called him back and we played phone-tag for over a week. Then, he left a message on my voicemail that something more important had come up and that he appreciated my cooperation and he'd contact me when he was ready...don't leave town kind of thing. Next thing I know, there's a warrant out for my arrest. I turned myself in immediately! The detective is acting like I was completely uncooperative and wouldn't talk to him. He didn't even give me a chance! Is that fair? I thought it was innocent until proven guilty??? How do I prove that this person has friends in all the ''right'' places. I don't feel like I can get a fair trial!


Asked on 10/08/02, 3:27 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Felony Grand Theft

If the officer cannot contact you in a certain amount of time, the officer can certainly go the other route which is to file the charge and issue a warrant. This has nothing to do with fairness. the police have broad authority to investigate and pursue their cases as they see fit.

If there is a conflict you can do several things:

1. file a motion for a change of venue to another county where there is no conflict.

2. File to recuse (or disqualify) the judge. In Idaho you can only due this per Idaho Criminal Rule 25. Usually you must do this within 14 days of your arraignment.

Otherwise you are stuck with the judge and the county where the conflict exists.

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Answered on 10/09/02, 11:20 am


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