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Charles Franklin Peterson Jr
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Charles Peterson’s Answers

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  • Are sexual history and victim history polygraphs legal for sex offenders on Probation?

    I am on sex offender probation and have yet to take either poly. My friend failed his first victim history and his P.O. said that if he didn't pass it the second time...she would arrest him because, "you cannot remain in the community" (P.O. state...

    Charles’s Answer

    Here's the thing about probation - it is filled with conditions that you agree to follow, in exchange for not going to prison. So yes, sexual histories and victim polygraphs are "legal for sex offenders on probation." There is no law that outlaws either. Polygraphs may not be admissible in court, but they are routinely used for other purposes, like probation. If you can not pass the polygraph, you will not be in compliance with the agreement you made to remain in the community. Disclose all, and answer truthfully, and hope that you pass.

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  • Can my sentencing be postponed twice?

    The judge postponed my sentencing last month because my public defender did not show up. I have been trying to find a lawyer to represent me meanwhile, but have not received any responses! My public defender has missed every opportunity to help my...

    Charles’s Answer

    The first rule with lawyers should usually be this - if your life is in his/her hands and you don't trust the lawyer, get a new lawyer you can trust. It sounds like you went to trial and lost. This makes it harder to change lawyers and the judge may say you cannot do so at this point. I suggest you go and sit at that lawyers office until you can meet. If that doesn't happen, tell the judge that you need more time because you have not been able to meet and prepare. Your lawyer will show up for court. Your case will not be thrown out. And the judge will likely only allow you more time to hire a new lawyer if you have one, on the hook, who will show up and tell the judge he/she is taking over.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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