By Chuck Peterson on Posted in Assistance of Counsel,Criminal DefenseWe receive daily inquires regarding the expungement of convictions, dismissing convictions, and reducing felony judgments to misdemeanors. Here are the Idaho options for someone who has completed probation. I hope this post helps demystify the procedures. Withheld judgment: Idaho generally allows each person one withheld judgment, but not every offense will support a withheld judgment. For example… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Hire a Lawyer,TrialsI saw it again the other morning in court – a young kid whose lawyer was paying little more than lip service in protecting his right to a fair and speedy trial. The truth is most people accused of a crime are treated like criminals, regardless of the fact the law is supposed to presume… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Constitutional Law,Criminal DefenseJust how far does the fourth amendment to the United States Constitution go to protect against a warrantless search of an apartment? That question was again considered this week by the First Circuit Court of Appeals in US v. Yoga Almonte-Baez, a case in which the petitioner was convicted of drug trafficking crimes and sentenced to 156 months… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Criminal Defense,TrialsThe two best words for any criminal defense lawyer and any defendant – NOT GUILTY. Heard them again to day in the case of State vs. April Rice. Ms. Rice was charged with grand theft after she received a check from the County that belonged to the estate of another person. Eight months after it… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Criminal Defense,TrialsOh man, has it really been that long since I last posted on this blog? I feel like I need to go to confession – “Forgive me father for I have sinned, it has been eight months since my last blog post….” But enough about that, instead, let’s start with some success – in the… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Criminal Defense,Domestic Violence,TrialsIn my split brained world a month or so ago, I had just finished watching another episode of The People vs. O. J. Simpson and reading an article in the New York Times describing the Supreme Court decision overturning a 1987 death penalty case in which prosecutors had, according to every Justice except Clarence Thomas, excluded… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Constitutional Law,Criminal DefenseAfter 35 years practicing criminal defense, I am sometimes cynical about our system of justice. Prosecutors overcharge offenses in an attempt to prompt a plea from defendants. Defendants are seldom “presumed innocent” in the eyes of the arraigning judge, many of whom impose restrictions on pretrial release that are as onerous as the penalty for… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,TrialsThere are times when we are getting ready for trial and there seems little time to breathe, and no time to post to this blog. Now is such a time. So if we seem absent – well we are. But I am reminded today of the value of preparation, and the burden it places on… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Criminal Defense,TrialsA youngish lawyer in court today asked me about the blog: "What’s going on with that podcast?" You may recall that I became engrossed in Serial, the investigative report turned podcast by All Things Considered. I have not been able to finish my review of the lessons in law apparent from that series. Work simply keeps… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Criminal Defense,Hire a Lawyer Peterson Lawyers associate attorney Will Young tells us to "challenge that speeding ticket! Speaking from experience, getting ticketed for speeding is not a fun experience. Seeing red and blue lights in your rearview mirror is not a good feeling. I realize speeding is not even close to the worst thing you can be accused… Continue Reading
By Chuck Peterson on Posted in Assistance of CounselBarb Jacobson is a private investigator – and a really fine one at that. She can get answers from witnesses that others just can’t get. I’m not sure how she does it but she does it well! So one day in 1997 or so she came to see me about a guy in prison for… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Constitutional Law,Criminal Defense,Hire a Lawyer,News,Politics,Trials The news tonight declares that Kennedy cousin Michael Skakel has won a new trial because his criminal defense lawyer did not do enough to provide an effective defense. Robert F. Kennedy was his uncle. Mr. Skakel was convicted of the murder of Martha Moxley in 1975. She was beaten to death with a golf club… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,DUI"ACT IMMEDIATELY TO PROTECT YOUR DRIVING PRIVILEGES" In Boise, Idaho, if you are charged with driving under the influence of alcohol or drugs, two things are certain: First – your mugshot photo will show-up online for all to see, and second – you will receive a "letter" advertising the services of a lawyer who wants… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Criminal DefenseJust how would I find the best criminal defense lawyer to help me with a misdemeanor or felony case in Boise Idaho? This weekend I tried an experiment. I "googled" the words "best Idaho criminal defense lawyer"to see what would happen. The result was not what I expected. Google relies on algorithms and formulas to… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel A couple mornings ago I heard financial Guru Jim Cramer talking about the Feds – in particular, he was talking about potential criminal charges against stock traders or sellers: "The most frightening thing in the world is to go up against the US Attorney. They have unlimited resources and you don’t!" He is absolutely correct. … Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Constitutional Law,Criminal Defense,Federal Sentencing,Trials As any experienced Idaho criminal defense lawyer will tell you, the vast majority of cases are resolved with a plea bargain long before they ever reach a courtroom. Plea bargains are important to prosecutors because they help efficiently clear dockets and allow them to prosecute more cases. They can also be beneficial to defendants by… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Civil Trial Practice,Criminal Defense The National Institute of Standards and Technology (NIST) recently identified 149 potential sources of human error in the analysis of crime scene fingerprints. In an article published by NIST, the results of a study by a working group of 34 scientists, NIST recommends changes to reduce human error and make conclusions more reliable. You can… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Criminal Defense I am currently captivated by The Pacific, an HBO mini-series airing on Sunday nights. Even on Easter Sunday I am watching as the men of the 1st Marine Division are moving through the jungle on New Britain. The jungle is everyone’s enemy. I cannot remember enough about the history of America’s time in that part of… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Civil Rights,Constitutional Law,Crime Victims,Idaho Appellate Decisions The Idaho Supreme Court decided an interesting case in which the Boy Scouts of America sought to dismiss a case brought by sex abuse victims who had not proceeded with their cases until they were adults. Generally, Idaho civil law contains a statute of limitations that ends liability for civil cases after some number of… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Civil Rights,Constitutional Law,Criminal Defense,Idaho Appellate DecisionsThe problem with over generalizations is – they are in fact over generalizations! Guilty. I may have suggested recently that your likelihood of getting relief on appeal is about the same as coming up with a perpetual motion machine; or a little less than winning that $200 million Power Ball; or swimming from Los Angeles… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Criminal Defense,Trials I had a really nice woman in my office today who wanted to hire me to be her lawyer in a felony case. Her biggest block was, well – money. She said she had been "hoping to avoid all those hearings" and thereby make it possible to hire me. Fewer hearings means less time spent… Continue Reading
By Chuck Peterson on Posted in Assistance of Counsel,Civil Rights,Constitutional Law,Criminal Defense,Idaho Appellate Decisions,TrialsReversing a conviction for rape this week, the Idaho Court of Appeals reminded all of us that the system works when the rules leveling the playing field are enforced. That applies to defense lawyers and prosecutors alike. As Judge Gutierrez noted: "While our system of criminal justice is adversarial in nature, and the prosecutor is expected… Continue Reading
