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Withheld Judgement in Idaho - what does it mean?

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Latest post Tue, Dec 13 2011 10:17 PM by Ford. 2 replies.
  • Sun, Oct 16 2011 12:30 PM

    • Lkgray64
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    • Joined on Sun, Oct 16 2011
    • ID
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    Withheld Judgement in Idaho - what does it mean?

    I was arrested in 2003 for a DUI and received a withheld judgement after complying with all the terms.  In December of 2010 I received another DUI - and they deemed it my 2nd and charged me accordingly with stiffer fines, sentence etc.  Well, my sister received a DUI in 2007 (excessive) and she, too received a withheld judgement and it was dropped to just a regular DUI. She got another DUI in Jan 2011 and they considered it her FIRST!!!  The repository shows my DUI as withheld, but hers shows her first DUI as 'dismissed'....she got less than half of my penalties, though her DUI was newer and her original was 'excessive' which normally brings a stiffer sentence....How can this be?  Was a mistake made on hers or my original DUI sentence?  I am just wondering why this could have happened...I hired an attorney both times, she used a Public Defender and got off easier both times!  Thanks for any help any of you might be able to provide on this matter....

  • Sun, Oct 16 2011 1:26 PM In reply to

    Re: Withheld Judgement in Idaho - what does it mean?

    I seriously doubt that there were any mistakes made by the authorities or the courts.

    Each case is evaluated on its own merits and might be explained by different times, different judges, maybe even changes in the laws or administrative procedures, maybe even different demeanors of the defendants. Judges have a lot of discretion as to how they rule on things and they don't have to explain their rulings.

    When you and your sister get your third DUIs you are still likely to see some difference in the penalties depending on a variety of circumstances. One of you might end up in jail, the other might not. Or both might end up in jail or both might not. There's no way to predict.



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  • Tue, Dec 13 2011 10:17 PM In reply to

    • Ford
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
    • Posts 12,824

    Re: Withheld Judgement in Idaho - what does it mean?

    I know this is old, but maybe you get emails about replies...

    A WHJ with an intact guilty plea - one which you never came back and asked to withdraw your guilty plea and obtain a dismissal - is still a conviction.  A WHJ where you sought and received the dismissal is still a conviction for purposed of stacking a DUI to a larger offense, although I think that is HORRIBLE case law.

    If you complied with all your terms and ISTARS still shows the WHJ, that means you never contacted the court to ask for dismissal.  You might want to do that.  Your second DUI might cause you a problem obtaining dismissal relief if the prosecutor wants to play hardball.

    While charges can have similar penalties, no cases require that charges have the same sentences.  Each defendant is treated individually.  The explanation for the differences could be as simple as a nicer prosecutor, a nicer judge, different counties, etc.  Lazy prosecutors are probably one of the best defenses a defendant can have.

    I hired an attorney both times, she used a Public Defender and got off easier both times! 

    Maybe I represented her.  The best decision she ever made in her life!  Tell her to stop getting DUIs...

    Some of the most dangerous criminal attorneys are the ones in private practice.  Someone who got licensed just yesterday can be in private practice.  And all alone.  Without anyone helping them.  A new licensee can also be at a PD office, but will have all the other attorneys as a resource that is a hallway away.

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