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Idaho Questions & Answers
1 Answer | Asked in Intellectual Property and Identity Theft for Idaho on
Q: Hello - My identity was stolen last month. Also, my son passed away last year with intellectual property in his estate.

My phone number was hacked along with my bank, email account, and many other things. I believe that there is a class action lawsuit in place for this issue. I received a letter from LoanDepot last weekend stating that they had a data breach affecting about 17 million people.

My son passed... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about your son's passing and the difficult situation you're facing with identity theft and potential intellectual property issues. These are complex legal matters that require professional guidance. Here are some steps you can take:

1. Identity Theft:...
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1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Idaho on
Q: Does a 24 hour involuntary mental health hold at a hospital disqualify you from purchasing a firearm?

Does being put on a 24 hour involuntary hold count as getting committed like h on the 4473 form

James L. Arrasmith
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answered on Mar 3, 2024

Under federal law, specifically the Gun Control Act of 1968, an individual is prohibited from purchasing or possessing firearms if they have been "adjudicated as a mental defective" or "committed to any mental institution." The definition of being "committed to a mental... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Criminal Law and Communications Law for Idaho on
Q: If my ex boyfriend is in prison for aggravated assault and aggravated battery and while in prison he calls me

We have a no contact order so he in violation he gets parole and tries to call me again can I do anything for the prison letting him out with pending violation charges

James L. Arrasmith
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answered on Feb 28, 2024

If your ex-boyfriend violates the no contact order by attempting to contact you while in prison, you can report the violation to the appropriate authorities. Provide any evidence or documentation you have of the attempted contact to support your report. It's important to take these violations... View More

1 Answer | Asked in Civil Litigation, Internet Law, Civil Rights and Communications Law for Idaho on
Q: Installing custom firmware on public library computers.

I have a relative who works at a public library in Idaho. A patron was caught installing custom firmware on the public library computer, he was asked to leave and got aggressive, the police were called. The police told my relative that because no ones information was stolen yet, the patron... View More

James L. Arrasmith
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answered on Feb 5, 2024

If a patron was caught installing custom firmware on a public library computer, this action could potentially violate several laws or regulations concerning the misuse of public property, computer tampering, or unauthorized access to computer systems. Even if no personal information was stolen, the... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: If a landlord has issued a 30 day eviction notice, can that landlord issue a 3 day notice?

Original 30 day notice is still in effect (issued less than 48 hours ago). The question is, can that landlord issue the same tenant/property another notice (3 day) on a separate, or same, issue effectively reducing the time that tenant must vacate said property?

T. Augustus Claus
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answered on Feb 2, 2024

In Idaho, a landlord can issue multiple notices for different lease violations or issues within a short time frame. Issuing a 30-day notice does not necessarily prevent the landlord from issuing a separate 3-day notice for another violation or issue. Each notice addresses a specific concern or... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Idaho on
Q: When a policeman don't have permission or a warrant, they're not to just walk up on private land (Which the person has

total permission to be there napping in their car to seeing a vape pen for TCB (thc and tcb look the same exact) claiming the name inscribed on the battery portion, was way good enough for allegedly claiming there is now enough for probable cause, asks you to step outta the vehicle pulling you out... View More

James L. Arrasmith
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answered on Jan 21, 2024

Under the Fourth Amendment, individuals are protected from unreasonable searches and seizures. This means that a police officer generally needs a warrant to search private property, including a vehicle, unless certain exceptions apply. These exceptions might include situations where there is... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: How can I protect myself against a bias judge who lied about my being in court put a fake warrant out for my arrest.

I have since sanctioned him and the magistrate in that county and am to appear again soon. How can I expect that to go well and I am representing myself making it more difficult to navigate. The debt has been paid as well which I have proof of. It’s all been paid. The bonds were taken out a... View More

James L. Arrasmith
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answered on Jan 18, 2024

I would suggest a few things in this situation:

1. Gather all documentation you have showing the debt has been paid and any other evidence that supports your case. Having solid documentation will be key.

2. Consider requesting a different judge for the next hearing, since you feel...
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2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

Generally, the location of your company's registration does not restrict where it can operate. You would have to register the Delaware company in Idaho.This acknowledges that your business, originally formed in Delaware, will be conducting business in Idaho. It's a common procedure for... View More

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2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

James L. Arrasmith
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answered on Jan 6, 2024

Yes, you can operate your LLC in Idaho even if it is incorporated in Delaware. Many companies choose to incorporate in Delaware for various legal and financial benefits, but they can conduct business in other states. However, you will need to register your Delaware-incorporated LLC as a foreign... View More

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1 Answer | Asked in Estate Planning for Idaho on
Q: I want to know if I can collect a return on a life insurance policy purchased for me

I am both insured and the beneficiary now but I don't have any of the paperwork I don't know who the agent was I was very young when I was purchased how would I do this?

James L. Arrasmith
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answered on Jan 4, 2024

To collect on a life insurance policy where you are both the insured and the beneficiary, but lack the paperwork, you'll need to embark on a process of discovery to identify the insurance company and policy details. The first step would be to try and recall any information about the purchase... View More

1 Answer | Asked in Banking and Estate Planning for Idaho on
Q: I was made the trustee and the beneficiary of a trust fund 31 years ago by family that never told me anything about it.

The bank also changed the name of the trust slightly knowing I don't have access to the paperwork

T. Augustus Claus
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answered on Jan 2, 2024

If you have been designated as the trustee and beneficiary of a trust fund without being provided information about it for 31 years, it is crucial to take steps to gather details and ensure that your rights and responsibilities are clear. Start by reaching out to the family members who appointed... View More

1 Answer | Asked in Estate Planning for Idaho on
Q: I just learned about something called a conduit policy which is like a life insurance policy that other

Funds or benefits or proceeds can be pulled through. Is it true that you can't ever erase the record of that because it was pulled through life insurance? What would somebody do to recom p whatever was taken from them through this policy and does the insurance company hold any liability for... View More

James L. Arrasmith
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answered on Jan 2, 2024

In the context of a conduit policy in life insurance, it's important to understand that the record of transactions or benefits passed through such a policy typically cannot be erased. This is due to the regulatory requirements in the insurance industry which mandate thorough record-keeping,... View More

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Idaho on
Q: Is it ok to have a sole director (my brother) for the LLC I am incorporating under F1 STEM OPT?

An immigration lawyer recommended that I have my brother, myself, and someone else on the board so it shows majority vote against me to prove employee-employer relationship. However, I do not have another person to get involved into this.

I am fine with my brother having sole directorship... View More

James L. Arrasmith
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answered on Dec 31, 2023

Under U.S. immigration law, particularly for those on F1 STEM OPT, establishing a valid employee-employer relationship is crucial. The recommendation to have a board with a majority vote against you is aimed at demonstrating this relationship, which is a key requirement for maintaining F1 status... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Can you take a digital product on Teachers Pay Teachers with the name Science of Reading in it?

I have a product that saids Decodable booklets | Science of Reading Aligned

James L. Arrasmith
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answered on Dec 28, 2023

When creating and selling digital products on platforms like Teachers Pay Teachers, it's important to be mindful of copyright and trademark laws. If you're using the phrase "Science of Reading" in your product title, such as "Decodable booklets | Science of Reading... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Libel & Slander for Idaho on
Q: Can you appeal a civil court with or without prejudice if there is a counter claim from the defendent?
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answered on Dec 23, 2023

In Idaho, the ability to appeal a civil court decision depends on the specifics of the case and the nature of the judgment or order being appealed. An appeal can be filed whether the case was dismissed with or without prejudice. The distinction between with and without prejudice is significant: a... View More

1 Answer | Asked in Banking for Idaho on
Q: Is illegal to set up auto pay knowing that your bank account empty
James L. Arrasmith
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answered on Dec 21, 2023

In Idaho, as in many states, knowingly writing checks or setting up payments from an account with insufficient funds can be considered fraudulent. This applies to both manual payments and automated ones, like auto-pay setups.

When you set up auto-pay knowing your account doesn't have...
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1 Answer | Asked in Civil Litigation for Idaho on
Q: My stepdad just broke my Xbox and my mom sold my other one, both of which I bought, do they need to pay for a new one
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answered on Dec 17, 2023

Yes, your parents should be responsible for replacing the Xbox consoles that you personally purchased and owned, which they broke and sold without your consent. Here are a few key reasons why:

• If a minor child buys property with their own money, they are the lawful owner. Parents do not...
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1 Answer | Asked in Child Support and Family Law for Idaho on
Q: I got my driver license took from me for not paying child support. I started paying 3 months ago to get it back.

What do I need to do to get it back? I work out of town. I really need it to continue to pay child support.

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answered on Dec 8, 2023

In Idaho, if your driver's license was suspended for non-payment of child support, there are specific steps to reinstate it. First, pay all overdue child support, including interest and penalties. Then, pay the $100 reinstatement fee to the Idaho Transportation Department (ITD) online, by... View More

1 Answer | Asked in Estate Planning and Public Benefits for Idaho on
Q: If a person is on Disability from Govenment and are due to receive inheritance, how can this be distributed without

losing benefits?

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answered on Dec 7, 2023

If you are on SSDI, the inheritance will not impact your eligibility. If you are on SSI or some other kind of needs-based program, then you should contact a special needs attorney for assistance with either spending down your inheritance rapidly in smart ways or funding a first party special needs... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: I was sitting outside a gas station that is open 24 hrs and cop states he ran my license and saw that I had a warrant

Is this legal or is it profiling/targeting?? No female present to search prior to arresting, isnt that a violation of my rights?

James L. Arrasmith
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answered on Dec 5, 2023

In Idaho, a police officer running your license plate while you're sitting at a gas station is generally legal, as long as they have a legitimate reason to do so. The presence of a warrant found as a result of this check can be a lawful basis for an arrest.

However, the issue of...
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