Charles Franklin Peterson Jr’s Answers

Charles Franklin Peterson Jr

Boise Criminal Defense Attorney.

Contributor Level 8
  1. Would a criminal charge show up on someone's record if the charges were dropped?

    Answered over 1 year ago.

    1. Charles Franklin Peterson Jr
    2. Benjamin J Lieberman
    3. Jessica L. Burke
    3 lawyer answers

    The simple answer is that no charge appears on a public record until there the state or federal authorities take action against you by filing a case. Your name may appear as a suspect of an investigation in certain records - but those are generally not public. In Idaho, once a case is filed, the public repository will list you as a defendant.

    3 lawyers agreed with this answer

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  2. Police called me and said my 17 year old is on an I phone video shooting up heroin. My son says it was a joke. Can he be convic

    Answered over 1 year ago.

    1. Charles Franklin Peterson Jr
    2. William J. O'Connor
    2 lawyer answers

    If your 17-year-old son is caught on a video shooting up what purports to be heroine, he absolutely, positively, must get a lawyer before he has any discussion with the police. If the police believe that it was heroin, or some other illicit drug, your son could be charged with a felony. A felony conviction creates an entirely different world for your son. Many, many opportunities simply dry up in the face felony charge. Do not permit your son to talk to the police without a lawyer.

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  3. Can a judge prohibit me from drinking alcohol or posessing firearms after a misdemeanor drug parafinalia conviction ?

    Answered over 1 year ago.

    1. Charles Franklin Peterson Jr
    2. William J. O'Connor
    3. Daniel C Grupenhagen
    3 lawyer answers

    The short answer here is yes, it is legal. When you plead guilty to the misdemeanors you had a couple options. You could do the time or you could AGREE to do some other stuff and avoid going to jail. Some of that "stuff" included not drinking or having firearms. You agreed to follow the rules and take probation instead of some other punishment - probably the punishment you avoided was time in jail. Here's the thing about probation - it is entirely voluntary. You did not have to agree, you chose...

    3 lawyers agreed with this answer

  4. If i have a misdemeanor warrant can i pay the fines for that crime while i have the warrant.

    Answered over 1 year ago.

    1. Charles Franklin Peterson Jr
    2. Alexander M. Ivakhnenko
    2 lawyer answers

    A misdemeanor warrant (in Idaho) is generally enforced within the state on contact with any law enforcement officer. Translation: if they contact you they will arrest you. Look, when you were placed on probation you promised to complete a certain number of days on the Sheriff's Inmate Labor Detail, and pay a fine - in addition to other terms. If you fail to keep your promise, they will issue a warrant and take you into custody. Get a lawyer who can negotiate with the prosecutor and settle the...

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  5. Probation violations

    Answered 7 months ago.

    1. Charles Franklin Peterson Jr
    2. William J. O'Connor
    2 lawyer answers

    Generally, the state will not extradite a person on a misdemeanor warrant. In theory it would be possible, but it is not likely to happen. The best advice I can give you on this case is to hire an attorney and let the lawyer attempt to resolve the matter without you coming back to Idaho. In some cases, that misdemeanor probation violation can keep you from obtaining a drivers license, or worse, a professional license. Get it cleared up now before there are further implications for your life.

    2 lawyers agreed with this answer

  6. Will idaho extradite for leaving misdamenor probation?

    Answered about 1 year ago.

    1. Charles Franklin Peterson Jr
    2. Charles K. Kenyon Jr.
    2 lawyer answers

    No - Idaho will not extradite you for failing to complete misdemeanor probation, but before you go, consider the implications. First, I assume that you are on supervised probation. If not, there is no real problem with leaving the state. A person on unsupervised probation has promised to do certain things (like 5 days in jail and pay a fine), and follow the law. If you have completed any probation terms (jail, fine, classes) then no problem. If you have not completed the things you promised to...

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  7. My wife had a DUI in a town 135 miles from here, and is required to see a probation officer there.

    Answered over 1 year ago.

    1. James Kevin Hayslett
    2. Charles Franklin Peterson Jr
    3. L Craig Atkinson
    3 lawyer answers

    Sorry to hear this is such a hassle. I see you live in Kooskia, so I am not sure why the nearest PO is 135 miles away, but if that is the case, there may not be much you can do. The fact that she has to see a PO likely means this was a second DUI (misdemeanor) or perhaps a felony DUI. The inability to get to the PO likely means that her privileges were suspended for a year or more. With those facts, the other lawyers' suggestions make sense - namely start with the PO and explain the situation....

    2 lawyers agreed with this answer

  8. Do we need a lawyer?

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Charles Franklin Peterson Jr
    3. Lori Doganiero Palmieri
    4. Robert David Richman
    4 lawyer answers

    Short answer - yes. You may be facing a trespass matter for being on a military installation without permission, or some similar charge. Whenever the federal government says "see you in United States District Court," they mean it. Get a lawyer now, in California near wherever you were not supposed to be. Makes me re-think the whole GPS stuff! Best of luck.

    2 lawyers agreed with this answer

  9. I am on felony probation in Idaho. I got a littering ticket for throwing a cig out the window. Do you think they will violate ?

    Answered over 1 year ago.

    1. Charles Franklin Peterson Jr
    1 lawyer answer

    Not likely that you will get a probation violation but it is possible. Littering - even cigarette butts - can be the basis for a PV. Suggest you contact your PO immediately.

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  10. Do I need an attorney?

    Answered about 2 years ago.

    1. Charles Franklin Peterson Jr
    2. Harry Edward Hudson Jr
    2 lawyer answers

    This is a great question because we see similar fact patterns frequently. Two people may be in constructive possession of drugs if they both have the right to exercise dominion and control over the drugs. The same is true of drug paraphernalia. So - both occupants may be charged with the offense of possession. Your son's employment related drug testing may help in negotiating a deal in this case - perhaps even a dismissal. Should you hire a lawyer? The state will be represented by a lawyer...

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