Criminal Law Representation - Boise, Idaho

I can help you with:

  • Felonies / Misdemeanors
  • DUI / DWP/ Reckless Driving
  • Drugs
  • Theft
  • Juvenile Cases
  • Assault and Battery
  • Domestic Violence

 

STATE COURT MISDEMEANOR DEFENSE

Brian Donesley, attorney, successfully represents accused persons in all Misdemeanor cases brought before the State Criminal Courts. Misdemeanor charges in State Court may be brought by City or County prosecutors. Misdemeanor cases are handled in Magistrate Court. Misdemeanors include traffic, DUI, driving without privileges, petit theft, simple assaults, domestic violence and a broad range of other matters arising under the Idaho statutes. Aggravated circumstances or repeat offenses can cause some cases, otherwise misdemeanor violations without the aggravation or enhancement, to be charged as felonies. Misdemeanors can be charged by an Idaho Uniform Citation or a Complaint served upon you. If a Defendant wants to plead “not guilty,” that may be done in person by the accused. Others often prefer to retain Mr. Donesley to appear on the client’s behalf in writing. This eliminates the requirement to appear in Court until the case is set for trial and the accused appears with his attorney at a pretrial conference, when settlement is negotiated if possible. Mr. Donesley can assist you in all matters relating to charges against you, including the plea, the “discovery” request for all evidence pertaining to your case, and preparing your case for meeting with the Prosecuting Attorney in “plea negotiations” in an effort to get you a deal, which may be a dismissal or charges or some of them against you or a deal you can live with.. If not settled with a “plea bargain,” you are entitled to a trial by jury or before a Judge. Mr. Donesley can provide strong and effective advocacy before and at trial, if necessary. Brian Donesley, attorney, will do what is necessary to maximize the likelihood of “acquittal” or a satisfactory negotiated plea bargain to a lesser charge or penalty. A no cost initial consultation may be arranged with Brian Donesley, attorney. Please give a call to discuss at 208-343-3851.

STATE COURT FELONY DEFENSE

Brian Donesley successfully represents clients in State Courts in felony criminal cases. State felony cases are prosecuted in the District Court, after a “preliminary hearing” at which a Magistrate Judge determines whether there is “probable cause” to believe that a crime was committed and that the accused committed it. If so, the Defendant is “bound over” to the State District Court on a felony charge. An exception to this procedure is when a State Grand Jury indicts a person for felonies, in which case the indictment stands the probable cause finding as well as the charging procedure. Grand Jury indictments are less frequent by far than are Criminal Informations or Complaints by the County Prosecuting Attorney. Once indicted or charged by an Information, the procedure is the same as discussed under State Court Misdemeanors above. The goal in any case is to eliminate or at least minimize the harm a defendant may suffer in the criminal “disposition.” Call Brian Donesley, attorney 208-343-3851, and ask him to explain your options and strategies in light of the facts in your case. A no charge initial consultation may be arranged.

FEDERAL COURT FELONY OR MISDEMEANOR DEFENSE

Brian Donesley, attorney, represents clients accused of crimes in Federal Courts. Federal criminal cases are prosecuted before a Federal Court by the office of the United States Attorney, U.S. Department of Justice, under the auspices of the Attorney General of the United States. Federal laws are often very different from State laws, involving violations of Federal laws, which can include interstate criminal activities. Activities crossing State lines invoke Federal Criminal Court Jurisdiction, for example. This appears in drug cases often. Also, Federal “mandatory minimum sentencing guidelines” may apply to the extreme disadvantage of a defendant. Or, under different circumstances, gun rights may be lost due to sentencing inFederal Criminal Courts, as in State Criminal Courts. It is very important that a defendant be advised of the consequences of conviction of Federal felonies or misdemeanors. And, the “jurisdiction” of Federal Court in criminal cases, felony or misdemeanor, involve court rules and procedures different than in State Courts. A criminal case in Federal Court is commenced by a Grand Jury finding of “probable cause” that a crime was committed by the accused. Brian Donesley, attorney, is an experienced criminal law attorney who can assist you in obtaining the best results possible for anyone a person indicted for Federal crimes. For more information on how the Federal Courts operate in Federal criminal cases, see: LINK. If you are detained for investigation of a crime, call Brian Donesley, attorney, immediately and exercise your right to have an attorney before answering any questions. Do not talk until your attorney is present. Before you hire an attorney for representation in Federal Court, contact Brian Donesley, attorney 208-343-3851, for consultation on the risks, defenses and legal ramifications of charges against you.

Relevant Resume Information:

Education:

  • Stanford University, B.A
  • University of Idaho, College of Law, J.D.

Professional: Current to 1979.

  • Owner, Brian Donesley and Associates, Attorneys, Boise, Idaho.
  • Licensed to practice before the Supreme Court of the State of Idaho, the Supreme Court of the State of Washington, the United States District Court for the District of Idaho and the United States Ninth Circuit Court of Appeals.
  • Private criminal defense attorney, Idaho.
  • Former Attorney for Ada County Sheriffs Deputies Association.
  • Former Attorney for Boise Police Union.
  • Former Senator, State of Idaho, District 16, Ada County.
  • Former Division Administrator, Alcohol Beverage Control Division, Idaho Department of Law Enforcement (Idaho State Police).
  • Former Chief Counsel, Idaho Department of Law Enforcement (Idaho State Police).
    • Graduate, FBI Legal Advisors Academy.
    • Special county prosecutor.
    • Special assistant Idaho Attorney General.
    • Department of Law Enforcement (ISP) legislative officer.
    • Supervised gambling investigations, prosecutions and administrative sanctions.
    • Statewide controlled substances drug forfeiture litigation.
    • Advised and trained Idaho State Police, narcotics and investigative personnel.
    • Instructor, Police Officers Standards and Training and Idaho State Police Academy (POST).
  • Public Defender.

 

To view Brian Donesley’s full resume, click here.