Criminal Defense Attorney

If you have been charged with any criminal offense, you need to hire any attorney to protect your rights.  At Ellsworth Kallas & DeFranco, our attorneys know the law and can help you avoid suffering the pitfalls and penalties of the criminal justice system.  The initial consultation is free, so you can discuss your rights with a qualified attorney.

The criminal defense attorneys at Ellsworth, Kallas & DeFranco have over 40 years of combined litigation and trial experience. Our lawyers aggressively seek fair judgments to keep our clients out of jail. If you have been charged with a DUI offense or something even more serious, call our office today and ask for assistance.

Criminal Defense

The criminal process in Idaho can be tough, and if you have been arrested and charged with a crime such as a DUI, then you know this better than anyone. Being arrested and charged with a crime is one of the most difficult experiences anyone can go through in life. You do not want to go through this process without hiring an attorney that you trust to help you through this process. At Ellsworth Kallas & DeFranco, Pllc., our criminal attorneys realize the the severity and seriousness of your situation. We make every effort to help you understand the process and avoid unnecessary fines and jail.

At our comprehensive criminal defense law firm, our attorneys represent clients facing a variety of criminal charges, including:

  • DUI
  • Drug Offenses
  • Theft and Burglary
  • Domestic Disputes
  • Juvenile Drug and Alcohol Cases
  • Assault
  • Battery
  • Clearing Your Record
  • Driving With Privileges
  • Resisting Arrest
  • Criminal Trespassing
  • Malicious Mischief
  • Reckless Endangerment


Every year, over 10,000 drivers are arrested for Driving Under the Influence (DUI) of drugs or alcohol in Idaho. The state of Idaho has a strict 0.08% Blood Alcohol Content (BAC) law. Anyone caught driving whose BAC is 0.08% or more and is over the age of 21 can receive fines, a permanent blot on their record, license suspension, and jail time, even if it is the first offense. Mandatory drug and alcohol classes may also be ordered. Drivers with a BAC of 0.20% or greater face enhanced penalties, and a first time offense can result in mandatory jail time, fines up to $2,000, a mandatory license suspension for one year with absolutely no driving privileges whatsoever, and a misdemeanor charge. Those under 21 years old can be arrested with as little as a 0.02% BAC.

The increasing awareness of the problems caused by driving under the influence of alcohol or drugs has resulted in law enforcement officers, judges and even politicians taking harsher stances against DUI charges, which can make it harder for the average person to get a fair trial or a fair sentence. That’s when you need a tough, experienced attorney on your side. At Ellsworth, Kallas, & DeFranco, Pllc., our criminal defense attorneys have over 55 years of combined litigation and trial experience. We know how to aggressively seek fair judgments that can keep you out of jail. If you have been charged with a DUI, call us today. Your initial consultation is FREE! We’ll talk to you and tell you exactly what your rights are. We can get you the help that you need in a hurry.

Drug Offenses

There are many types of drug offenses, and each carry their own penalties in the state of Idaho. Some of these types include:

  • Cultivation
  • Manufacturing
  • Prescription fraud
  • Trafficking
  • Possession/Possession with intent to distribute

Penalties can include incarceration from 6 months to over 5 years and fines ranging from $1,000 to $50,000.

While these penalties are outlined for illustrative purposes only, and subject to amendment and change by the legislature, even the most casual observer can understand that Idaho is harsh when it comes to marijuana or other drugs. Regardless of the national change in laws, Idaho remains an extremely conservative state. Idaho does not recognize medical marijuana cards from any state, and possession, or possession with intent to deliver, may be a felony.  Almost all drug offense convictions can carry imprisonment, fines, probation with required drug testing, mandatory rehabilitation, loss of constitutional rights, and more.  Have you been charged with a drug crime? Our attorneys can help you. While we cannot make any guarantees with regard to any case, we will fight to help you with your case, including, MOTIONS TO SUPPRESS EVIDENCE AND JURY  TRIAL. Call us today!

Domestic Violence/Battery

While domestic violence is a serious crime, many charges of battery or domestic violence that are filed are exaggerated and without true validity. Sometimes they are even filed out of spite. Unfortunately, it is relatively easy to file a domestic violence charge and requires little evidence to support a claim. The Idaho Law Code defines different types of domestic violence and their punishments, including felony domestic violence. Make sure that you are not convicted of a crime that should resolve as a misdemeanor or in an acquittal.

If you have been accused of domestic violence, we can help. Our attorneys know the ins and outs of the legal system and can get you the fair judgment you deserve.

Traffic Violations

The police car pulls up behind you, lights flashing and sirens wailing. Suddenly, your mind freezes and you’re plagued by questions: What did I do? Did I forget my turn signal at that last intersection? Did I run that red light? How fast was I going? Will I get a ticket or even be arrested? What are my rights and what if they are violated?

Sometimes the traffic violation is simply unwarranted. Other times people go to traffic court without any firm reason to believe that they were in the right at the time they were given the ticket. Most people have committed minor traffic infractions, but over time, repeated violations can result in increased fines, higher insurance premiums, even jail time or license suspension. Unfortunately, the average person usually isn’t aware that there are certain rights afforded to him or her under the law.

If you are a hardworking citizen, and you did not truly put anyone in danger or break any laws, you should fight for your right to remain innocent. You have certain inalienable rights that are afforded to you in court:


  • The right to have a trial before a judge or jury.
  • The right to have an attorney represent you.
  • The right to confront witnesses against you and cross-examine them as to the truthfulness of their testimony.
  • The right to present evidence on your behalf. You also have the right to have subpoenas issued by the court at no cost to you to compel the attendance of witnesses.

When you are faced with traffic charges, call the attorneys at Ellsworth, Kallas, & DeFranco. Our attorneys offer personalized service with the experience and knowledge you need to get your clean record back. Call today!

License Suspension

In today’s day in age, it is nearly impossible to get around without a vehicle. We rely on personal transportation to get us to the grocery store, to work, to school, and anywhere else we need to go. A suspended driver’s license can take away that freedom and mobility.

The Idaho Transportation Department lists the various reasons an individual’s driver’s license could be suspended or revoked. Some of those include:

  • Driving while under the influence of alcohol or other drugs.
  • Using a motor vehicle to commit a felony.
  • Leaving the scene of an accident in which you were involved, when the accident caused property damage.
  • Reckless driving.
  • Conviction or action in another state for an offense that, if committed in Idaho, would be grounds for suspension.
  • Failing to pay a fine for conviction on an “infraction” charge. (Infractions are a step below misdemeanors and include minor violations like parking tickets).

If your license has been suspended or revoked for any reason, the attorneys at Ellsworth Kallas, & DeFranco, Pllc., can help you get your privileges back so you can go on with your life. Call (208) 336-1843 today for a FREE consultation.

Illegal Search & Seizure

The Fourth Amendment of the United States Constitution makes appropriations for the search and seizure of personal property:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In order to conduct a legal search, a law enforcement officer must have probable cause, which means that there must be a reasonable belief that a crime has been or is about to be committed or that there is contraband present. Remember, you have certain rights that you can use to protect yourself from illegal searches and seizures:


  • to consent to any search of your person or property without a warrant.
  • to answer questions from police, or make any statements.
  • to open the door to your home unless there is an emergency or the officers have a search warrant.
  • to be detained by the police unless the police have legal cause for the detention.

Here are a few more helpful hints to keep in mind should you find yourself in a possible illegal search and seizure situation:

CARS: People have limited rights of privacy in automobiles, but you do not have to consent to the search of a car or anything inside of it or on your person. All persons have reasonable expectation of privacy regarding the clothing they are wearing and anything on their person. You may also have the right to challenge the length and validity of the stop if you are a passenger. We are experienced in this area of law and can help you.

HOUSE GUESTS: Overnight guests have the same rights as the occupants to object to the illegal search of the host’s home. Campsites and motel & hotel rooms are also protected.

BACKYARDS: Renters’ and homeowners’ enclosed yards (e.g. a yard with a 6-foot fence, even with small cracks) are protected from police peering at close proximity through the fence. However, there is no protection against aerial observations.

IN JAIL: There is no expectation of privacy while in jail, including telephone calls and in visiting rooms, except with attorneys and legal mail.

If you believe you are the victim of an illegal search and seizure, call us today. Our experienced, aggressive attorneys will help you every step of the way.


Judges can be wrong in their rulings. Innocent Idaho criminal defendants may receive unfair sentences and suffer needlessly. These wrongful convictions occur as the result of common mistakes made during the defense process. In many cases, pursuing an Idaho state or federal criminal appeal assisted by an experienced and aggressive attorney can reverse the verdict. Some mistakes made by courts can include:

If you or someone you know has been wrongly convicted, then contact our firm. Our attorneys are exceedingly knowledgeable about the appeals process and will fight for your justice. Your first consultation is FREE so call today!

Juvenile Defense

The juvenile and adult court systems handle criminal cases differently. In juvenile court, defendants may have different rights before, during and after a hearing or trial. Some crimes may be heard in criminal court, depending on the offense and state laws.

Contact Us Now

If you need a criminal defense attorney, call us at (208) 336-1843, or contact us by email using the convenient form provided.