Idaho Criminal Defense Blog : Boise Idaho Criminal Lawyer & Attorney : Chuck Peterson Law Firm : Civil Rights, Trial, Felonies, Assaut, DUI : Boise, Idaho Falls, Pocatello, Idaho

 I had a call this morning from a guy who wanted to know if I thought DUI was a big deal. It would be a big deal if I was charged with any crime, facing time in jail and the loss of my driver's license. How big a deal? Just think about these three consequences if you mishandle this.

1. If you refused the breathalyzer test, you will lose your license to drive for a YEAR, unless you act quickly and settle the case in a way that reduces that time in half.  Just last week we did this for a client so that he will lose the right to drive for six months, not a year. If you did not take the breathalyzer call a lawyer now - don't wait. And I mean that, whether you call me or someone else. Get some help on this.

2. If you are guilty of a DUI, you will have to buy SR-22 insurance to maintain a license. That is expensive and tricky because it must be kept current to maintain your privileges. Stay on top of this to keep that license.

3. If you get a jail sentence, you may still be able to do community service and thereby keep your job. If you don't get this part right you may have to serve time in a way that causes your boss to let you go. Again - don't mishandle this. There are ways to get time to do that jail sentence and keep that paycheck coming in to support yourself and your family.

Need some help? Send us a message or give us a call.

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 Reputed Boston mobster Enrico Ponzo is leaving Idaho in the custody of the United States Marshal's Service, headed to Beantown to face charges arising out of his life before Marsing. United States Magistrate Judge Ron Bush refused Ponzo's request to remain free and appear voluntarily at his next hearing, finding that he had been too successful at hiding his true identity since disappearing nearly 27 years ago. Instead, he gets that long ride with the Marshals, and the chance to face a racketeering case that was filed in 1994 against he and 13 others for crimes that include murder and attempted murder. In Idaho, he has been a good neighbor, community member and friend.

So how much does that matter? How important is a "changed life" when it comes to facing criminal charges?

It matters - but not always at the point of guilt or innocence. A person either did, or did not commit the charged crimes. Living like a saint for 27 years will not alter whatever criminal conduct a person has engaged in before the change. But change matters. As I recently pointed out, sentencing is all about safety so 27 years of community membership is important to answering that all important safety question.

That Mr. Ponzo had broad community support at his detention hearing shows that at some level, he is just like the rest of us. He has friends. People who will stand up for him today and take him into their homes as a valued member of their community. That membership in the "tribe" is critical in every case. You have to show that you are part of the tribe to gain its protection. 

Here's a little secret - an innocent man who does not appear to be part of the community (the "tribe") must prove he is worthy of its acceptance. If he cannot do that, he will almost certainly be convicted. I mean it - jurors don't just try the evidence. They try the defendant. An outsider who cannot be trusted will have a very tough time at trial. The defendant must be like the other members of the tribe - he or she must fit in. 

Enrico Ponzo - or Jay Shaw, as he was known in Marsing - understood that. So did his neighbors. When he was arrested they gathered to support him because he was one of them. A member of their tribe. His life in Marsing mattered to them - and if he was being tried in Idaho it would matter to a jury.

So how is your life today? Are you part of a "tribe" that would come to your aid if your freedom was under attack? 

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 I am back from a sentencing today and again it is obvious. What matters when it comes to sentencing is the protection of society. So says virtually every judge you encounter in any courtroom in any sentencing proceeding.

How can you best demonstrate that your conduct does not pose a risk to the community? That's what it usually comes down to as the judge decides your sentence.  Here are a couple suggestions:

1.  Look like you understand the serious nature of the situation.  I heard it again today: "you would not believe how people look when they come into their sentencing proceeding." The judge who said that wasn't just talking about physical appearance, it was bigger than that. In the world of "us and them" you need to look like you are part of the group of folks who follow the law. If you look like you belong in prison, you might just get there. So tone it down and try to fit in. Don't look dangerous!

2.  Be willing to admit that your decisions have put you in this situation.  Don't make excuses for your conduct. Admit that it was wrong and explain what you have learned since the situation that brings you to court. 

3.  Do not claim that "it was all just a big mistake." That never sells. Never. Judges hear about the "big mistake" all the time. You likely made a decision, not a mistake. If you admit that, you have the chance of appearing remorseful. Blame it on some "mistake" and the court will not be swayed to think that you would never repeat the crime. If the judge thinks you will repeat the crime, you are going to get a tougher sentence.

Look - the whole reason for the justice system is to protect society. It's less about fairness than it is about reality. If the court is not convinced that you can be counted on to follow the law, you cannot expect to minimize the consequences of your actions. So pay attention in the courtroom, act like you get it, and try to look more like an observer than a criminal.

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