Skip to main content
Charles Franklin Peterson Jr

Charles Peterson’s Answers

41 total


  • Yes a felon can own a gun in idaho. section 18 - 310 paragraph 2

    any felon not convicted of a sexual, violence or robbery charge and satisfies his completion date automatically has full rights instated as a citizen including guns Rights.

    Charles’s Answer

    Assuming this is a question - the rights are NOT restored for the offenses listed in paragraph 2(a) through (jj) until the events occurring in the subsequent paragraphs occur. Check out paragraph 3 - must wait 5 years from final discharge and comply with other requirements. Your list (sexual violence or robbery) is incorrect.

    See question 
  • How much time is he looking at?

    My fiancé got pulled over in Idaho for not using his blinker. He had a warrant out for a previous DUI and when they searched his car, they found 5 lbs of marijuana. He is being charged with trafficking, possession, and parifinalia/intent to use. H...

    Charles’s Answer

    Will Young is right - this is serious. Five pounds of marijuana can result in a trafficking conviction in Idaho that carries a mandatory minimum 3 years in prison. Get a lawyer as soon as possible.

    See question 
  • Is it even petite theft?

    I had gone to a Fourth of July party with some old friends of mine who at the time did not have vehicles, so they put their longboards in the back of my car. I left the party early and told them so in advance and told them to come get their boards...

    Charles’s Answer

    I am afraid so - petty theft or any theft can be proven by establishing that you kept someone else's property, intending to appropriate it to yourself. Your only defense would be that the owner abandoned the property. Suggest you get that board back to the owner in exchange for a dismissal. If you can't get the prosecutor to do that, get a lawyer. You do not want a theft conviction on your record.

    See question 
  • I have two misdemeanor dui's on an otherwise clean record. I'm considering retiring and migrating to latin America.

    I read that a retirement visa generally requires a copy of my police record. What steps can I take between now (age 53) and (age 60) to clear my record so that I'm not potentially refused entry to any country? ”

    Charles’s Answer

    I like this question because entering foreign countries is something not often considered at the time a person pleads guilty. It should be! We have dealt with this in the context of Canada and the answer appears to be that you must contact the country you intend to visit or retire in and learn its specific requirements. If you successfully completed probation for the two charges, you may be eligible to have the cases dismissed. Check with a lawyer in the state in which the judgments were entered to see how this can be accomplished. Best of luck.

    See question 
  • Marijuana possession in Idaho. But I live in WA. Will getting green card in WA change anything?

    I will appear in court (since I've had a warning for marijuana prior to this) and I want to bring up the fact that i'm in the process of obtaining a green card for a legitimate chronic back injury. I wish to continue using and a green card seems t...

    Charles’s Answer

    Your question is one being asked more frequently as Idaho boarders Washington, Oregon and Montana - all states that have medicinal marijuana and in Washington, decriminalization of its use and possession in small amounts. But this is Idaho! If you are ordered to not violate Idaho law as a condition of probation, you may not answer that it is lawful with your "green card." That won't be a defense. So assume you were sentenced to 180 days in jail with 177 suspended, and 3 days to serve by community service. If you violate probation the suspended time (177 days) may be imposed and you could spend that time in the clink for your refusal to follow Idaho law. Use of marijuana with the "green card" is only permitted in that state - for example - Oregon. If you drive into Idaho under the influence of medicinal marijuana you may still be charged, and that card does not give you a defense. With your injury and your need to medicate yourself, relocation to a friendlier state may be your only option.

    See question 
  • I'm moving to Washington and (attempting to) get a medical marijuana prescription. I'm on probation. Will this be an issue?

    I'm on probation in Idaho, But I'm moving to Washington. I'd like to get a Medical Marijuana prescription, because I suffer from Anxiety/Depression. My probation states that i must have clean urinalyses.

    Charles’s Answer

    Moving to Washington will likely take the permission of your probation officer and an agreement (Interstate Compact) if you are on FELONY probation or supervised misdemeanor probation. Since you indicate that you must have clean urinalysis tests - sounds like you are supervised. When you signed that probation agreement you agreed to do certain things to avoid jail or prison. One of the things you agreed to was to remain free from drug use. Our friends in WA may permit you to have a medical marijuana prescription, but you likely signed an agreement with the Idaho court to abstain from using drugs. Marijuana is still a drug - and I get that it may be legal in WA, but yes - that will likely be an issue. Suggest you contact the lawyer from the case on which you agreed to probation and check out the exact terms. If you are supervised, you cannot just leave the state - but you already know that. You need permission. And moving to WA will NOT change you agreement to not use. While supervised you cannot use. Period. Unless the Court changes your terms and the supervising agency permits your "medical" use, it will violate your agreement.

    See question 
  • Without returning to the state I have warrants in, can I turn my self in, or get this taking care of?

    Now living in CA from ID, I have warrants out, and I can't go back to turn myself in, plus even if i did they would just give me new court dates, and I can't come back do to job and money. I want to be free and take care of this problem, but I don...

    Charles’s Answer

    This is a fairly common problem - but the solution will largely depend upon the actual charges. If you have been charged with felony offenses, you will almost certainly have to come back to fix the problem. The case does not go away just because you do, and a felony warrant may support extradition from California. Misdemeanor charges are easier to deal with. Often an attorney can work out a settlement with a prosecutor to quash the warrant and resolve the matter (if it is minor) in a way that may require you to make a single trip back, or none at all. Get a lawyer in the county in which the cases are charged and get this resolved.

    See question 
  • Can they give my husband a burglary charge when he had money on him??

    he went to walmart to get a game and battorys but not Enif money he put that items in his coat but put the stuff on a shelf and went to leave thy tried to stop him and he ran thy charged him with burglary can they do that

    Charles’s Answer

    Sounds like they already did! Yes, the state can charge your husband, it is not a defense to burglary that you had money in your pocket. Burglary occurs when someone enters another person's home/business/car with the intent to commit another crime. With this type of charge, the State alleges that he went into Walmart intending to commit a petty theft. Get a lawyer.

    See question 
  • Jail time for shoplifting?

    I just got into trouble for Shoplifting. It was under 400$ (130$ for both) for the two items I stole, but this is my second time doing so. Once at a different store, and now this time. The officer asked me alot of questions and twisted my answers...

    Charles’s Answer

    Shoplifting is a minor offense - at least the first time. Obviously the law considers subsequent crimes to be more serious, so you can expect more serious consequences. If you enter a store intending to commit a crime inside (like say you go into WalMart planning to steal a turkey) then you can be charged with the felony crime of burglary. That would be far more serious. If there is a warrant out for your arrest you must deal with it ASAP! Get a lawyer to help you on this. You may have to post a bond to be released and it sounds like you may have a felony charge, not a misdemeanor. As for jail time - you might very well be ordered to serve some time but without more information, it is impossible to answer the "how long" question. As for your "why" question - because you got caught stealing someone else's property for the second time. Sorry but theft has consequences - and they usually hurt. Stop it now while it is not life changing. And get a lawyer to help with damage control.

    See question 
  • Um grand theft question

    so i sell stuff online to people all around the world and make orders. i have some orders waiting up to three years but i never intended to not make the stuff people asked for. honestly i got lazy and alot has happened to me. now everyone is ...

    Charles’s Answer

    You probably have good reason to be scared. If you take money from people promising to deliver product but never intend to produce products, the state of Idaho may charge you with grand theft. The victim does not have to live in Idaho. I suggest you figure out a way to get people paid, and it is possible state charge with more than one count. Before you make any further admissions about how much money you took, I suggest you meet with an attorney in person and discuss your case.

    See question