Idaho Criminal Defense Lawyers | Powell Law Firm

At Powell Law Firm, we understand that facing criminal charges can be one of the most daunting experiences of your life. Led by Bryce Powell, an esteemed attorney with nearly three decades of legal experience, our firm provides top-notch legal representation in Sandpoint, Bonners Ferry and Coeur d’Alene, Idaho.

Bryce Powell, Attorney at Law

Bryce Powell, Attorney at Law

Bryce W. Powell is the founder and elite criminal defense lawyer at the Powell Law Firm in Sandpoint, Idaho. He has nearly three decades of experience in criminal law, handling thousands of serious cases.

Mr. Powell is a highly respected attorney who has successfully defended clients in many high-profile criminal cases. He has been nationally recognized as a top criminal defense lawyer, featured and quoted in publications by various media outlets such as Good Morning America, the Today Show, 60 Minutes, CNN, Fox News, CBS News, The New York Times, The Chicago Tribune and The Guardian.

Mr. Powell started his legal career in 1997 as a prosecuting attorney for the State of Idaho before co-founding Powell & Reed in Sandpoint, ID in 2000 and later establishing Powell Law Firm. He is known for his courtroom prowess, penchant for high profile cases, steadfast yet calm demeanor and success in achieving the best outcomes for his clients.

Mr. Powell is an Idaho native and graduated of the University of Idaho College of Law, class of 1997. He is licensed to practice law in the states of Idaho, Montana, and Illinois. And is admitted to the U.S. District Courts for the districts of Idaho and Montana as well as the Tribal Courts of the Kootenai Tribe of Idaho and Confederated Salish Kootenai Tribes of Montana. Mr. Powell was appointed by the Idaho Supreme Court to the Criminal Rules Advisory Committee on which he served from 2014 to 2024.

Among his legal accolades, Mr. Powell has been selected by America’s Top 100 Attorneys® in criminal defense. With extremely high standards for selection, less than one-half percent (0.5%) of active attorneys in the United States receive this honor

Powell Law Firm Offers Comprehensive Criminal Defense Services

Powell Law Firm represents clients accused of a wide variety of criminal offenses. Practice areas includes:

Justice
Practice of Law
Lady Justice

Murder & Manslaughter

Murder and manslaughter are both legal terms that refer to unlawful killings, but they differ significantly in intent and circumstances. Murder is typically defined as the intentional killing of another person with malice aforethought, meaning the perpetrator had the intent to kill or cause serious harm. Manslaughter, on the other hand, involves the unlawful killing of another person without the intent to kill. It is often considered a less severe charge than murder.

DUI Offenses

Driving under the influence of drugs or alcohol is a serious offense in Idaho with significant repercussions. For more information See DUI Defense

Traffic Offenses

All misdemeanor driving offenses including Reckless Driving, Inattentive Driving, Driving Without Privileges, Hit and Run, etc.

Drug Charges

Defense in Trafficking, Manufacture, Delivery, Possession, Paraphernalia or Frequenting charges in Idaho.

Domestic Violence

Physical altercations between household members involving assault or battery. Under Idaho law, domestic violence can be classified as a misdemeanor  or felony, depending on the severity of the offense and any prior convictions.

Assault and Battery


Assault in Idaho is defined as intentionally causing another person to fear imminent bodily harm. It can also involve attempts to cause injury to another person. Battery involves the actual physical act of harming another person. It is the unlawful use of force against someone, resulting in injury or offensive contact. Aggravated assault or aggravated battery are more serious felony offenses and usually involve serious injuries, the use of a deadly weapon or chemical or the intent to cause significant harm. They are classified as felonies.

Stalking

A course of conduct that seriously alarms, annoys or harasses the victim and would cause a reasonable person substantial distress or fear of injury. Can be charged in the first degree or second degree.

Sex Crimes

Rape, Sexual Battery, Sexual Exploitation and Lewd Conduct are among the most serious crimes in Idaho, resulting in potential imprisonment up to life and life time registration as a sex offender. 

Theft and Burglary

In Idaho theft is involves wrongfully taking property, obtaining or with holding the property from the owner there of. Burglary involves entering a property with the intent to commita felony or theft.

Property Crimes

Damage to property through Arson, Trespassing, Unlawful Entry,  Malicious Injury to Property, etc.

Other Misdemeanors, Felonies & Criminal Proceedings

Powell Law Firm represents defendants charged with any criminal offense in Idaho. We also represent clients in a host of miscellaneous actions such as motions to seal old criminal records, expunge juvenile records, reduce felony convictions to misdemeanors, withdraw guilty plea and dismiss, restore civil rights, remove from the sex offender registry, modify conditions or terminate probation, modify sentence, secure relief from the ignition interlock requirement, etc.

Juvenile Delinquency

Juvenile crimes refer to illegal activities committed by individuals who are typically under the age of 18. These can include a wide range of offenses, from minor transgressions like petty theft or tobacco to more serious crimes such as assault, drug or sex offenses. The juvenile justice system is designed to handle these cases differently than adult criminal cases, focusing more on rehabilitation than punishment. Under some circumstances, however, the court may waive jurisdiction under the juvenile corrections act and order a juvenile be held for adult criminal proceedings.

Justice

Having experienced defense counsel who understands the Idaho Juvenile Corrections Act is crucial:

Understanding the Law

Juvenile law can be complex and varies significantly from adult law. A knowledgeable attorney can navigate these nuances effectively.

Protecting Rights

A defense counsel ensures that the juvenile's rights are protected throughout the legal process, which is essential for fair treatment.

Rehabilitation Focus

Defense attorneys can advocate for rehabilitation rather than incarceration, which is often more beneficial for young offenders.

Long-term Impact

A conviction can have long-lasting effects on a juvenile's future, including education and employment opportunities. Good counsel can help mitigate these consequences.

Individualized Defense

Each case is unique, and a skilled attorney can tailor their defense strategy to the specific circumstances of the juvenile, potentially leading to more favorable outcomes.

Ensuring Fairness

Overall, having competent legal representation is vital in ensuring that juveniles receive fair treatment and the opportunity for rehabilitation rather than being subjected to harsh penalties that could affect their future.

For Defense in Juvenile Cases

Geographic Service Areas:

With offices in Sandpoint, Idaho since 2000, Powell law firm provides legal services for criminal defense in Bonner County, Boundary County and Kootenai County, Idaho. Courthouses are located in the county seats, which are as follows:

Bonner County – Sandpoint, ID
Boundary County – Bonners Ferry, ID
Kootenai County – Coeur d’Alene, ID

If you or a loved one has been charged with a criminal or juvenile offense in Bonner County, Boundary County or Kootenai County, seek qualified legal defense counsel immediately. 

Legal Resources in northern Idaho

In northern Idaho, there are several legal resources available to defendants and their families that can provide support and assistance throughout the legal process. Here’s an overview of these resources:

Bail Bonding Agents

Bail bonding agents help defendants secure release from jail by providing the necessary bail amount in exchange for a fee. They typically require collateral and can guide families through the bail process.

District Courts

District courts handle felony cases, civil matters, and appeals from lower courts. They are the primary trial courts in Idaho, where defendants can present their cases. Each county has a district court, and they provide information on court schedules and procedures.

Sheriff's Office

The local sheriff’s office is responsible for law enforcement in the county, including maintaining jail operations, serving warrants, and conducting investigations. They can provide information about arrests, inmate status, and local crime statistics.

Idaho State Police

The Idaho State Police (ISP) provides law enforcement services statewide, including traffic enforcement, criminal investigations, and public safety initiatives. They may also assist in background checks and other inquiries related to criminal records.

Idaho Supreme Court

The Idaho Supreme Court is the highest court in the state and handles appeals from lower courts. While it may not directly assist defendants in trial matters, it is an essential resource for understanding legal precedents and decisions that may affect cases.

Idaho Repository

The Idaho Repository is a centralized database that maintains records of court cases, including criminal records. It can be a valuable resource for individuals seeking to check their legal history or that of others.

Felony Probation and Parole

Individuals convicted of felony offenses may be placed on probation or parole. These programs allow offenders to serve their sentences under supervision instead of in prison. Probation and parole officers provide guidance and monitor compliance with the terms of release.

Misdemeanor Probation

Misdemeanor probation is available for individuals convicted of lesser offenses. Similar to felony probation, it allows offenders to serve their sentences under supervision, often with conditions to fulfill, such as community service or counseling.

Juvenile Probation

Juvenile probation is designed for minors who have been adjudicated for delinquent behavior. This program focuses on rehabilitation and provides support to help young offenders reintegrate into the community while complying with court-ordered conditions.

For specific contact information for these resources, it’s advisable to check local government websites or directories. Links are available on our resources page.

Bailing Out of Jail:

Bail is a legal term that refers to the process by which a person who has been arrested can secure their release from custody, typically by providing a financial guarantee to the court. This financial guarantee, often in the form of cash or a bail bond, ensures that the individual will appear for future court proceedings related to their case.

The 8th Amendment of the U.S. Constitution prohibits excessive bail but does not guarantee an absolute right to bail. An excessive bail in one that in set in an amount higher than reasonably necessary to ensure the government’s interests. Courts have wide discretion in setting bail in an appropriate amount.

State Prison

Idaho Criminal Rule 46 governs issues of Bail or Release on Own Recognizance

Key Components of Bail

Financial Assurance

Bail acts as a pledge that the defendant will return to court. If they fail to appear, the court can forfeit the bail amount.

Conditions of Release

Courts may impose specific conditions on bail, such as travel restrictions or regular check-ins, to ensure compliance and public safety.

Presumption of Innocence

Bail reflects the principle that individuals are presumed innocent until proven guilty, allowing them to remain free while awaiting trial.

In summary, bail is a mechanism that allows individuals to be released from jail while ensuring their accountability to the judicial system..

For links to local bail bonding agencies, please check our resources page.

Purposes of Bail

Bail serves several important purposes within the criminal justice system. Here are the key functions of bail:

Ensuring Court Appearance

Guarantee Attendance: The primary purpose of bail is to ensure that defendants return to court for their scheduled hearings and trial dates. By requiring a financial commitment, the court incentivizes defendants to comply with their legal obligations.

Protecting Public Safety

Risk Assessment: In determining bail amounts and conditions, courts consider the potential risk a defendant may pose to public safety if released. This assessment helps balance the rights of the accused with the safety of the community.

Preventing Unnecessary Detention

Presumption of Innocence: Bail acknowledges the principle that individuals are presumed innocent until proven guilty. It allows defendants to remain free while their case is pending, preventing the unnecessary detention of those who may not pose a flight risk or threat to society.

Facilitating Legal Representation

Access to Counsel: Being out on bail allows defendants to work with their attorneys more effectively, gather evidence, and prepare a defense. This access is crucial for ensuring a fair trial.

Reducing Jail Overcrowding

Alleviating Burden on Jails: By allowing eligible defendants to post bail and be released, the system can reduce overcrowding in jails. This can lead to better conditions for those who are incarcerated while awaiting trial.

Promoting Fairness in the Justice System

Equitable Treatment: Bail can help ensure that individuals are treated fairly, as it allows for the possibility of release based on circumstances rather than solely on the severity of the charges or financial status.

Encouraging Compliance with Legal Conditions

Bail Conditions: Courts may impose specific conditions when granting bail, such as travel restrictions, regular check-ins, or mandatory treatment programs. These conditions help monitor defendants and encourage compliance with legal requirements.

Conclusion

Overall, bail plays a crucial role in balancing the rights of defendants with the interests of public safety and the efficient functioning of the judicial system. It provides a mechanism for individuals to secure their release while ensuring accountability and compliance with the legal process.

How to bail out of jail in Idaho – Posting Bail or Release on Own Recognizance

Statewide guidelines govern the administration of bail and bail bonds.

If someone has been arrested in Idaho, there are several steps to get out of jail. Here’s a general guide on the process:

01

Ensuring Court Appearance

Guarantee Attendance: The primary purpose of bail is to ensure that defendants return to court for their scheduled hearings and trial dates. By requiring a financial commitment, the court incentivizes defendants to comply with their legal obligations.

02

Bail Hearing

Bail Amount

After an arrest, the court will typically set a bail amount during the initial court appearance or arraignment. The amount can vary based on the severity of the charges, criminal history, and other factors.

Bail Reduction Hearing

In some cases, a hearing on motion to reduce bail may be requested to argue for a lower bail amount.

Conditions of Release

The court may establish conditions which are required to secure pre-trial release. Such conditions may include a waiver of extradition, drug and alcohol testing, no contact orders or affixation of GPS or scram devices.

03

P osting Bail

There are several ways to post bail:

Cash Bail

If the bail amount is affordable, it can be paid in cash directly t o the jail or court clerk . The amount will be refunded after the case is resolved, minus any court fees, fines or restitution.

Bail Bonding

Licensed bail bonding agents can post bail on your behalf to secure release from jail. Bondsmen charge a fee (usually 10 - 15% of the total bail) for their services. The bail bondsman will require collateral and/or a co-signer.

Property Bond

In some cases, property can be used as collateral for bail. This typically involves the court placing a lien on property located in the State of Idaho.

04

Release on Own Recognizance

In certain cases, a judge may allow a person to be released without having to pay bail, based on their promise to return for future court appearances. This is often considered for individuals with strong local ties, no prior criminal history or minor charges.

05

Pretrial Services

Conditions of bail my include utilization of pretrial services programs that allow individuals to be released under supervision instead of being held in jail. Requirements may include checking in regularly, staying in contact with your attorney, testing for drug and alcohol use or affixing a GPS, RF or SCRAM monitoring device (ankle monitor).

06

Legal Representation

Contact Powell Law Firm for guidance through the legal process, including bail matters. An attorney can file a motion for bond reduction and set the matter for hearing to argue for a bail reduction. Or negotiate with state prosecutors for a stipulated request to reduce bail or modify conditions set by the court.

07

Attend All Court Dates

After being released, it’s crucial to attend all scheduled court dates. Failing to do so can result in the forfeiture of bail and the issuance of an arrest warrant.

FOR A LIST OF BAIL BONDSMEN CHECK OUR LOCAL RESOURCES PAGE

Consequences of a Criminal Conviction

The consequences of a criminal conviction can vary significantly depending on the nature of the crime, the jurisdiction, and the individual’s prior criminal history. Here are some common consequences of conviction and ways they can be mitigated:

Incarceration

Consequence

A conviction can lead to jail or prison time, depending on the severity of the offense.

Mitigation

A skilled defense attorney can negotiate plea deals or alternative sentencing options, such as probation or sheriff’s labor programs, which may reduce or eliminate jail time.

Fines and Restitution

Consequence

Courts often impose fines, court costs and require restitution payments to victims. As well as costs of probation, evaluations and treatment, which can be financially burdensome.

Mitigation

An attorney may argue for reduced fines based on the defendant's financial situation, or secure payment plans that make restitution more manageable.

Criminal Record

Consequence

A conviction results in a permanent criminal record, which can affect employment, housing, and educational opportunities.

Mitigation

Depending on the nature of the crime and defendant’s prior criminal history, an offender in Idaho may be eligible for a withheld judgment, dismissal or sealing of criminal records after a certain period or under specific conditions.

Loss of Employment

Consequence

Many employers conduct background checks and may terminate or refuse to hire individuals with criminal convictions. Some convictions may effect insurance rates. Professional licenses may be suspended, revoked or denied.

Mitigation

A skilled attorney will seek to minimize the consequences of conviction through motion practice, plea bargaining, sentencing recommendations or otherwise. A defendant in Idaho may be eligible for a withheld judgment, dismissal or sealing of criminal records after a certain period or under specific conditions.

Probation or Parole

Consequence

Instead of imprisonment, a defendant may be placed on probation or parole, which comes with strict conditions and oversight.

Mitigation

An attorney can advocate for less restrictive conditions, duration or modifications based on compliance with probationary terms.

Social Stigma

Consequence

A conviction can lead to social stigma, affecting personal relationships and community standing. Sex offenses, for example, may come with lifetime registration requirements. And the fact of conviction becomes public information.

Mitigation

Engaging in community service, rehabilitation programs, and maintaining a positive public presence can help mitigate stigma and rebuild reputation. Charges can sometimes be amended to lesser offenses. And post-judgment measures can be used to secure the withdrawal of plea and dismissal.

Loss of Rights

Consequence

Certain convictions can result in the loss of civil rights, such as the right to vote, possess firearms, or hold public office.

Mitigation

Most states offer avenues for restoring rights after serving a sentence, and an attorney can guide individuals through this process.

Impact on International Travel or Immigration Status

Consequence

A conviction can complicate international travel plans, as some countries may deny entry to individuals with criminal records. For non-citizens, a conviction may lead to deportation or difficulties in obtaining citizenship.

Mitigation

A knowledgeable attorney can seek to avoid or minimize the impact of a criminal conviction. Including plea negotiation with prosecuting attorneys to amend the charge to a less serious or non-deportable offense.

Common Defenses

In Idaho criminal cases, several common defenses can be employed, depending on the specifics of the case. Here are some of the most frequently used defenses:

Innocence

The defendant asserts that they did not commit the crime and presents evidence to support their claim.

Alibi

The defendant provides evidence that they were elsewhere when the crime was committed, making it impossible for them to be the perpetrator.

Self - Defense

The defendant argues that they used reasonable force to protect themselves from imminent harm, justifying their actions.

Defense of Others

Similar to self-defense, this defense is used when the defendant acted to protect another person from harm.

Insanity

The defendant claims they were not in a sound mental state at the time of the crime. The insanity defense is not recognized in Idaho.

Mistake of Fact

The defendant asserts that a misunderstanding of fact led to their actions, which may negate intent.

Duress

 The defendant claims they committed the crime under threat of immediate harm or death, which coerced them into acting against their will.

Entrapment

 The defendant argues that they were induced or coerced by law enforcement to commit a crime they would not have otherwise committed.

Constitutional Violation

The defense may argue that the defendant’s rights were violated during the investigation or arrest, leading to the exclusion of key evidence.

Lack of Intent

The prosecution must prove intent for many crimes. If the defendant can demonstrate that they did not act with the requisite criminal intent, it can be a valid defense.

Each case is unique, and the effectiveness of a defense strategy often depends on the specific circumstances and evidence available.

Strategies for Mitigation

Early Legal Representation

Engaging an experienced criminal defense attorney as early as possible can significantly impact the case outcome, potentially avoiding conviction altogether through pre-trial motions or plea negotiations.

Plea Bargaining

Negotiating a plea deal can result in reduced charges or lighter sentences, minimizing the long-term consequences of a conviction.

Character References and Mitigating Evidence

Presenting character references and evidence of rehabilitation during sentencing can influence the judge’s decision and potentially lead to more lenient penalties.

Rehabilitation Programs

Completing rehabilitation programs for substance abuse, anger management, or other relevant issues can demonstrate a commitment to change and may result in reduced sentences or favorable treatment.

Appeals

If a conviction occurs, discussing the possibility of an appeal with a qualified attorney can be an option to challenge the verdict or sentencing based on legal grounds.

Community Engagement

Actively participating in community service or support groups can showcase positive behavior and commitment to personal growth, which may influence how the court views the individual.

Conclusion

While the consequences of a criminal conviction can be severe and long-lasting, there are various strategies to mitigate these effects. Seeking the guidance of a knowledgeable criminal defense attorney is crucial in navigating these challenges and working towards the best possible outcome. With the right approach, individuals can address the legal implications of a conviction and take steps to rebuild their lives.

Strong Criminal Defense Lawyer

The right to the assistance of counsel in a criminal prosecution is protected by the 6th Amendment to the United States Constitution.