Counties of Practice

  • Payette County

  • Washington County

  • Canyon County

  • Owyhee County

  • Gem County

  • Adams County

    If the location of your case is not listed above, do not fret, other counties are determined on a case-by case basis.

Retroactive Dismissal / Withheld Judgment / Sealing Records

Retroactive Dismissal

Idaho Code Section 19-2604 permits a court to dismiss the case against you even if you already plead guilty and were convicted of a crime. If you meet certain conditions for the court to consider a dismissal, the court must also find:

  1. You did not violate any terms or conditions of probation or admit to a probation violation or,

  2. You graduated from an authorized drug court program or mental health program and you did not violate probation;

  3. Good cause warranting dismissal.

If you are still on probation at the time of application for the relief above, and the court is convinced it is no longer necessary, your probation may be terminated earlier.

Contact Payette Legal, PLLC to assist you in seeking a retroactive dismissal.

Withheld Judgment

In Idaho, a court may withhold its judgment meaning it does not enter a conviction. While you are still sentenced as if a conviction was entered, the end result of a withheld judgment, if you complete all the terms and probation as ordered by the court, is to request the court to ultimately dismiss your case.

You only get one, unless the court finds extraordinary circumstances warranting another, and it must be requested at your sentencing hearing prior to the court entering its judgment.

Contact Payette Legal, PLLC to assist you in either seeking a withheld judgment for a misdemeanor case or petition the court on your behalf to seek the dismissal pursuant to the withheld judgment.

Sealing Records

The Clean Slate Act permits people who were arrested for, prosecuted for, or convicted of certain non violent misdemeanor crimes or felony possession of a controlled substance to petition a court to have this record shielded from public disclosure.

Contact Payette Legal, PLLC to see if you are eligible to have your record sealed from public disclosure. You may only shield one eligible case.

Misdemeanor Criminal Defense

A misdemeanor in Idaho is a crime that generally carries the penalties of a $1000 fine, up to 6 months in jail, or both. Sometimes a specific misdemeanor crime carries up to a year of jail, a $1000 fine, or both. And other times the fine can be higher.

A court may also place you on up to 2 years of supervised probation for one misdemeanor. Multiple misdemeanors can escalate the penalties since courts may run these penalties consecutively meaning there is a potential to face several years of jail and probation, and thousands of dollars in fines.

Domestic violence related misdemeanors can result in the lifetime loss of your firearm rights per federal law.

Driving related misdemeanors can result in the loss of your driving privileges and face further penalties from the Idaho Transportation Department that could last years.

Many of your freedoms are at stake even with the simplest misdemeanor. Just because you do not face the death penalty or prison, it does not mean you should underestimate the severity of a misdemeanor.

Do not wait to seek an attorney if you have been arrested, charged, or cited for a misdemeanor crime or multiple misdemeanor crimes. Inaction could result in the loss of procedural tools available to you and the loss of your right to a speedy trial.

The goal of Payette Legal, PLLC as it relates to misdemeanor criminal defense is to diligently advocate on your behalf, safeguard your constitutional rights, and counsel you during a daunting period of your life.

Common Misdemeanor Charges:

  • Driving Under the Influence (DUI)

    • Second Offense DUI

    • Excessive DUI

  • Possession

    • Possession of Marijuana

    • Possession of Drug Paraphernalia

  • Domestic Violence

    • Domestic Battery

    • Domestic Assault

  • Injury To Child

  • Resisting And Obstructing (R&O)

  • Driving Without Privileges (DWP)

  • Reckless Driving

  • Inattentive Driving

  • Malicious Injury to Property

  • Battery

  • Assault

  • Motor Carrier Violation

  • Disturbing The Peace (DTP)

  • Fish And Game Violation (F&G)

  • Failure To Appear (FTA)

  • Violation of No Contact Order (NCO)

  • Violation of Civil Protection Order (CPO)

  • Unlawful Entry

  • Trespass

  • Using or Being Under the Influence in Public

  • Pedestrian Under the Influence

  • Minor In Consumption (MIC)

  • Minor In Possession (MIP)

  • Eluding

  • Second Offense No Insurance

  • City Code Violations

    • Nuisances

    • Animals

  • Probation Violation

Juvenile Defense

In Idaho, juveniles (persons under 18) are generally brought within the purview of the juvenile corrections act when a crime or status offense is alleged against them.

Juvenile cases are similar to adult criminal cases but also differ in certain aspects.

Foremost, just because you are a juvenile does not mean the Constitution does not apply to you. A juvenile matter has the same timeline as an adult criminal case. Therefore, it is imperative to take action so you do not lose out on procedural tools available to you.

Unlike an adult, a juvenile who wishes to take their case to trial does not have a jury trial. Rather, the trial is conducted by the judge as fact finder and decider. However, the prosecutor must still prove the case beyond a reasonable doubt to the judge.

Furthermore, the intent of Idaho as it relates to the juvenile corrections system is based on accountability, community protection, and competency development. These principles guide the juvenile’s case as it progresses. Parents are also responsible for their loved ones in the juvenile matters.

The juvenile corrections system attempts to tailor to the needs of each individual juvenile. Depending on the juvenile’s circumstances, the intent of Idaho above can still be met without needing the juvenile to admit to the offense or go to trial.

Finally, juvenile records can be expunged. Expungement generally depends on what occurs during the juvenile’s case.

Contact Payette Legal, PLLC to assist your loved one during a crucial time of their life. If you are an adult seeking an expungement of your juvenile records, contact us to find out if you are eligible.

Contact us

(208) 741-3290

Contacting us through this website, by phone, or email does not create an attorney-client relationship. Please do not send any confidential information until an attorney-client relationship has been established through an agreement.