She’s back from the slippery south, and my daughter Courtney Peterson has joined my practice, at least for now. After spending the past couple years as a prosecutor in Idaho and Kentucky, she serves up her first post here.
Want your prior criminal conviction dismissed or expunged in Idaho? Here’s what you need to know…
Idaho Code §
Continue Reading Expunge My Record. Please! – Guest Post By Courtney Peterson
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
Continue Reading Sentencing: It’s All About Protecting Society
KTVB news reported last night that all felony charges filed against five former Blackfoot high school football players have been dismissed, leaving only misdemeanor charges of battery. A few weeks ago the allegations gained international news status, and were discussed openly by national news programs and radio call in shows. Generally, the stories made it sound as if the school
Continue Reading Blackfoot Sex Charges Dismissed – Lessons In Discernment
In Idaho there are two ways that a case gets to district court – that is the court of general jurisdiction for the state. The first way is by indictment. An indictment results when a grand jury finds that there is evidence that indicates more likely than not, the person committed a crime.
That is the standard for probable cause
Continue Reading A Preliminary Hearing – Probable Cause or Not
Just before Christmas I spent a little time with Zachary Neagle. When Zach was charged with the murder of his father in March of 2009, I followed the case with special interest. I am a dad and I could not imagine what might lead a kid to kill anyone – let alone his father. Fathers are supposed to be
Continue Reading Zachary Neagle’s Case Revisited – He Is Doing Well
There are four things you need to know about the "first appearance" in any felony or misdemeanor criminal case in Idaho. The "first appearance" is is often called an arraignment, although in a felony case no plea is entered by the defendant. If a defendant is in custody, the first appearance may by done by video. In Idaho, that first
Continue Reading Four things you need to know about a “first appearance” on a criminal case in Idaho
Let’s say that you have entered a guilty plea to a felony and the case is headed toward a sentencing proceeding. Under Idaho law, the trial court will order a presentence investigation be completed and a report of that investigation will be sent to your criminal defense lawyer, the court, and the prosecutor. What happens if you change your mind?
Continue Reading “Can I withdraw my guilty plea?” Maybe Yes, Maybe No
A recent Idaho Court of Appeals decision addresses an issue often raised by clients facing a restitution order following conviction or entry of a plea of guilty to a crime. In State v. Blair, a woman who had been convicted of stealing money from her employer objected to the amount of restitution the court determined she owed. She
Continue Reading Restitution Hearing After Sentencing Not Required
I am working on a case in which a private citizen reported to the police that his neighbor had been drinking, got in an argument and left in his car. The tipster reported that the neighbor was drunk and driving. He gave the likely direction of travel and type of car. Cops notified by dispatch saw a car that matched
Continue Reading Can My Car Be Stopped Based On An Anonymous Tip?
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 the world and I