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Peter John Johnson

Peter Johnson’s Answers

37 total

  • Probation condition

    I have PTSD/mood disorders. As of June 1, 2015 a judge has said I need to find independent living by this date. My parents do not want me to leave because there are old and I help them with everything around the house otherwise they will have to g...

    Peter’s Answer

    Were you represented by an attorney? Is the crime you are on probation for related to the care of your parents in any way? Is the judge aware of the need for you to care for your parents. A letter from their doctors would be helpful. You can generally ask the matter be put on calendar and request modification of your probation. You should however be prepared to present information to the Court showing that your parents need you. Separate from that you can hire an attorney if you do not already have one and challenge the legality of the probation condition.

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  • I have an misdemeanor organize retail theft and I wasn't the one stealing will it be hard for it to be gone?

    I was with my sisters and they told me to bring a bag in the store to them but I didn't know it was a buzzer bag and they was caught stealing and I got in trouble too

    Peter’s Answer

    Unless Texas has some strange law, you would have to be aware you are involved in illegal conduct to be guilty. However, you may easily be disbelieved. If you have not committed nor participated nor knowingly assisted any crime you should not plead to any charge. A good idea would be to hire a lawyer if you can afford one and start to develop your defense immediately. You should be very detailed in putting together your case, including statements from your sister and anyone else actually involved. In some cases others involved may turn on you and try to cast blame. It is important to put the facts together right away, including surveillance video if its available. If you can afford an attorney and investigator you should get to it quickly if you are being charged.

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  • Will I go to jail?

    Back in 2010 my best friend and I were caught at Kohl's stealing a snow globe. We were suppose to go through diversion for 6 months but by the 3rd month I got caught stealing again from Macy's. The judge gave me a year probation, couple of fines, ...

    Peter’s Answer

    • Selected as best answer

    I would suggest if you are going to college but continue to have this compulsion to steal that you see a psychologist that specializes with compulsive behavior. On the one hand it may help you deal with the compulsion in an alternative and productive way, on the other it will help provide mitigating circumstances that can be used by your ultimate attorney to keep out of jail.

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  • Is it a good idea to ask his probation officer for a waiver of release or a waiver of hearing if this is his 1st time violating?

    A few weeks ago my husband was arrested for driving with a suspended license and bonded out the next day then a few weeks after that his PO violated me because of this charge. He was arrested with a warrant and I was told his PO sets the court dat...

    Peter’s Answer

    From your description your husband seems to be sitting in limbo. You really should be contacting an attorney local to the jurisdiction you are in to deal with this matter including communication with the probation officer. Sometimes probation matters do get caught up in this limbo so you need to have an attorney pushing the matter.

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  • Does DPS use a 5 panel DOT urinalysis test or some higher panel (10 or 12). No blood and no DRE taken

    Blew 0.0 twice. Gave a urine sample. Have a prescription for hydrocodone. Came up negative for everything on a typical 5 panel that I took for airport credentials. Does DPS use the same screen as DOT?

    Peter’s Answer

    Here is the information re: disqualification from their website: Though it may seem awkward you can probably call and get that answer from them directly.

    DRUG USAGE
    MARIJUANA: Illegal use of marijuana more than 20 times total or more than five (5) times since the age of 21, or at any time within the past three (3) years.
    DANGEROUS DRUGS/NARCOTICS/VAPOROUS SUBSTANCES: Illegal use of dangerous drugs, narcotics, or vaporous substances more than five (5) times total or more than one (1) time since the age of 21, or at any time within the past seven (7) years.

    Dangerous drugs and/or narcotics include hashish, cocaine/crack, amphetamines/barbiturates, anabolic steroids, LSD/acid, PCP/angel dust, magic mushrooms, etc.
    PEYOTE/MESCALINE: Illegal use of peyote or mescaline as described in Section I.B. above. (Exception: The use of peyote/mescaline is permitted if for bona fide religious ceremonies.)
    HEROIN: Use of heroin at anytime.
    SALE, PRODUCTION, CULTIVATION, OR TRANSPORTATION FOR SALE OF ILLEGAL DRUGS.
    PATTERN OF ABUSE OF PRESCRIPTION DRUGS.

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  • What can the cops do if you call them and then give them the wrong name?

    My man called the cops b/c I would not give him his keys to go home when we were fighting because he had been drinking. He then called the cops and when they came he decided he didnt want to talk to the cops. They called him on the cell and he sai...

    Peter’s Answer

    Technically a person can be charged with a misdemeanor for providing false information to a police officer. However just leave it alone and it is doubtful anything will become of it.

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  • How do I find a dui attorney who has delt with a diabetic dui case?

    I live out of state and need to find someone to deal with my dmv hearing and court case.

    Peter’s Answer

    You should not have difficulty contacting an attorney by telephone and making arrangements for representation. You can simply ask that question over the phone to an attorney near where you were arrested. Avvo is a good source for locating attorneys who practice DUI in the Los Angeles area and can provide you insight for comparison.

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  • Pulled over for DUI, blew a .12 then .11 at station. How long will my license be suspended if i hire an attorney to do the DMV

    hearing within 10 days and we lose? Can it be restricted? How long is the program i have to do? Is there anything i should be doing right now like getting into a rehab?

    Peter’s Answer

    If your case is a first time DUI and you lose your DMV hearing there is a 30 day no drive period.. if you get enrolled in a DUI class (level one) within the 30 day period of time you will be eligible for a restricted license provided you obtain an SR-22 and pay a $125.00 reinstatement fee. If it is a first time offense you do not have to be concerned with Rehab for the court case or dmv. .. if you really think you need it for personal reasons then of course it would ultimately be helpful for your case, however nothing you have stated indicates that it is necessary. The best thing you can do right now is conduct a thorough investigation regarding attorneys and meet a few in person so you can make an informed decision whom to hire. You should try to memorialize as much information as you can to assist your attorney in formulating the defense to your case.

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  • Can my private criminal defense lawyer get my case dismissed before arraignment?

    Can my private criminal defense lawyer get my case dismissed before arraignment? If yes, how would I know that my court case gets dismissed prior to arraignment?

    Peter’s Answer

    Its possible... how its done... whether it can be done... whether an attempt should even be made to get it done are all questions that have to be considered. Whether or not you need a local attorney vs. someone out of the area is largely dependent on how realistic it is that a dismissal can be accomplished. If you sincerely believe that the case is such that the prosecution may not file or may walk away after already having made a filing decision you should consider a local attorney. If you are uncertain then your options for hiring counsel are greater... while there are great public defenders out there you may already understand that they would likely not be in a position to assist you prior to arraignment and it is not a good idea to try to accomplish this on your own

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  • Can I get a lawyer

    My brother hasn't lived in my home over a year. And the probation depart and police department still keep invading my home. They came into my home without anyone being here. Can I get a lawyer and can you recommend one for me. I want to pursue a l...

    Peter’s Answer

    your inquiry here is under criminal defense.. you need a civil rights lawyer to deal with this issue. you can likely find a civil rights lawyer near you willing to spend a little time with you discussing your case without having to pay an initial consultation fee.

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