Frequently Asked Questions
Will my military status affect my violent crime charges?
Military status can significantly influence how your case is handled if you are charged with a violent crime in Idaho Falls. Service members may face both civilian prosecution in state court and separate proceedings under the Uniform Code of Military Justice (UCMJ) due to the doctrine of dual sovereignty, which allows independent court systems to each enforce their own laws. A service member can face trial in a court-martial for the same incident even if acquitted in civilian court. Additionally, if convicted in civilian court, the conviction often serves as a basis to initiate administrative separation proceedings. Our attorney's experience as a former JAG officer allows us to coordinate your defense and help minimize impact in both systems whenever possible.
How soon should I contact a violent crime attorney after being charged?
You should contact an attorney as soon as you become aware that you are under investigation or have been charged. Having a lawyer is critical at every stage, as they can help provide the court with information about your employment history, community connections, education, and prior criminal history. Early representation helps protect your rights, avoid common mistakes, preserve evidence, and prepare for critical hearings. In felony cases, preliminary hearings must be scheduled within 14 days if you are in custody or within 21 days if you are not in custody.
How does your flat-fee structure work?
Our flat-fee structure means you know upfront what legal representation will cost, with no hidden expenses. This transparency allows you to plan and avoid unexpected bills. Every client’s fee structure is discussed during your free consultation and is based on the specifics of your case.
Can I talk to someone without committing to hiring?
Yes, you can speak with us without any obligation. We offer a complimentary, confidential consultation, allowing you to share your story, obtain answers, and explore your options before making any decisions. This meeting is designed to help you feel more in control and see how our approach aligns with your needs.
What local courts or agencies will handle my case?
Most violent crime charges from Idaho Falls will proceed through the Magistrate Division or District Court in Bonneville County, depending on whether the charges are misdemeanors or felonies. Misdemeanor cases are tried by magistrate judges, while felony cases are tried by district judges after probable cause is determined during the preliminary hearing in magistrate court. If you are in the military, you may also deal with military command or judge advocate personnel, depending on the facts of your case. We guide you through each system involved, explaining the process and your rights from start to finish.
What makes your approach to violent crime defense different?
Our approach stands out because we combine in-depth military and civilian defense experience, operate on a flat-fee model for transparency, and tailor our strategies to each client’s unique circumstances. Our attorney’s prior service as a JAG officer provides added insight for military clients. Our nonjudgmental, client-focused counsel benefits both civilians and service members in Idaho Falls.
Understanding Violent Crime Charges in Idaho Falls
Being charged with a violent crime under Idaho law can lead to life-changing penalties. Allegations of assault, battery, aggravated assault, domestic violence, or manslaughter carry serious consequences, including mandatory minimum sentences and long-term impact on your record.
Where Are Violent Crime Cases Handled in Idaho Falls?
Most violent crime charges originating in Idaho Falls proceed through the courts located in Bonneville County. Misdemeanor charges are handled by the Magistrate Division of the District Court, while felony charges proceed through the District Court. Magistrate judges conduct preliminary hearings in felony cases before they advance to the District Court for trial. If you are a service member, you might also face proceedings within the military justice system. Our firm is experienced in both civilian and military matters, giving you a unified defense when these issues intersect.
Idaho Law & Local Courts
Idaho statutes outline the definitions, penalties, and special rules governing violent offenses. Familiarity with the court’s local procedures, strict timelines, and the potential for parallel military actions is vital. We help you understand what to expect and how decisions in civilian court could influence military status or vice versa.
Get Started with a Free, Confidential Consultation
At John Malek Law Group, your first consultation is free and confidential, giving you a safe space to discuss your case and concerns. We clearly explain our flat-fee structure upfront, so you always know what to expect in terms of cost.
Serving Idaho Falls and surrounding communities, we welcome both military and civilian clients seeking a defense rooted in professionalism, loyalty, and a personalized approach. Our mission is to help you regain control and move forward with confidence.
Contact us at (208) 747-0053 for your free confidential consultation.
Why Choose Us?
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Hundreds of Defense Cases Handled
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Setting Clear, Realistic Expectations
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Personal Care Dedicated to Defending Servicemembers
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Former Active Duty JAG Lawyer
Hear From Our Happy Clients
At John Malek Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"He is a good man and I am confident in his work."John Malek has many years of legal experience. In the years I've known him, I've seen his passion for what's right, his enduring loyalty to the people he represents, his strong attention to detail, his clear headedness in tough situations, his continuing commitment to his work, and his optimism throughout it all. He is a good man and I am confident in his work.- Mandy H.
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"I would happily recommend him to my own family and friends."I’ve known John Malek for several years. He is a thoughtful, creative thinker, passionate about the law, and honest in all of his dealings. He is a hard worker, and dedicated to his clients. I would happily recommend him to my own family and friends.- David T.
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"John Malek is an experienced professional, his knowledge shines through."As another legal professional I believe how opposing treats support staff is always a true indicator of who they are. I have always been treated with dignity, respect and kindness from Mr.Malek even being on the opposing side.- Paula P.
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"Would recommend to anyone I care about."John is a dedicated father and diligent attorney. He's passionate about the law and I'm confident he'd get the best possible outcome when possible. Would recommend to anyone I care about.- Kevin S.
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"I've been Impressed with John! Highly recommend!"His attention to detail and commitment to serving his clients are unmatched. As a former member of the military, he brings a unique perspective and discipline to his practice.- David D.
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"From the moment I walked into the John Malek’s office, I knew I was in good hands."Mr. Malek greeted me with warmth and professionalism, instantly putting me at ease. John is nothing short of exceptional. His expertise, attention to detail, and dedication to his clients is unmatched. Throughout your legal journey, he will no doubt provide guidance and support every step of the way, ensuring you feel informed and empowered. Thanks to Mr. Malek’s relentless advocacy, anyone who he encounters will achieve a favorable outcome beyond expectation. I wholeheartedly recommend this law firm to anyone in need of top-notch legal representation.- Sara W.