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Idaho Questions & Answers
1 Answer | Asked in Traffic Tickets and DUI / DWI for Idaho on
Q: How long can a state suspend your drivers licence even if you did nt get them in that stare

I got to duis in wyoming in 2005 and then moved to va and had a valid drivers licence then va issued me a licence then let me have it for a prosment 5 mins then suspended it

Kevin M Rogers
Kevin M Rogers answered on Oct 13, 2021

Most states respect other states' laws, as long as judgments were rendered with die process. VA issued you a valid DL for 5 minutes. That's actually a much shorter time than I would have guessed, with high speed computers and other means of transmission. Once VA discovered your DL status... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Idaho on
Q: Is it against the law for a city cop to release information about me to the company i work for and then get fired for it

The cop told him a bunch of bs and I have the text messages to prove it he violated my civil rights defamation of character and slander

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

If the cop was a "citizen" and not a cop, the question would be the same: can someone tell a potential employer information, which later serves as grounds for the company to fire an employee for fault? The answer is: yes.

A better question would be: can someone slander an...
Read more »

1 Answer | Asked in Contracts for Idaho on
Q: How to conduct Judgment Debtor Examination from out of state?

Good afternoon,

I want to file an order for Appearance and Examination against a Judgment Debtor. However, the Debtor resides in California, while we (Judgment Creditor) reside in Idaho. We have already obtained a sister-state judgment so we're all good there. But do we need to fly... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

Good afternoon,

Did you sue the debtor in California? or Idaho? Wherever you got your judgment is where you will file your "post judgment" motions. However, that's where the difficulty lies in trying to haul someone from CA to Idaho after the judgment. The subpoena power...
Read more »

1 Answer | Asked in Family Law for Idaho on
Q: What should I consider before moving out of jointly owned house with our child? Can this hurt me if we later divorce?

My husband's drinking is out of control and endangering our child. He won't leave, and I think it's best for us to temporarily separate. Can this decision impact a later divorce, custody, or division of assets? What else should I consider before moving?

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

You can separate without having a formal Separation Order. In fact, if you file for Divorce, the law gives either of the parties the right to ask the court for a sort-of "time out," where the parties will be prohibited each from filing any kind of paper for a period of ninety (90) days,... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Idaho on
Q: Is it legal for an adult aunt to share a bedroom with her teenage niece. We have been told that it is illegal
Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2021

There is no Idaho criminal law prohibiting an adult female from sharing a bedroom with a family member.

1 Answer | Asked in Real Estate Law for Idaho on
Q: Live in Idaho. Married, looking to buy property with my mom. Would spouse be entitled to 1/2 of property?

I plan to refinance the home I owned prior to marriage to purchase some land with my mom. Would my spouse be entitled to half that property if he’s not involved in the purchase and we were to divorce?

Kevin M Rogers
Kevin M Rogers answered on Oct 9, 2021

Your wife is entitled 1/4, as you have only 1/2 interest with your mother, so your wife is entitled 1/2 of your community interest.

1 Answer | Asked in Criminal Law for Idaho on
Q: What are the chances of beating 2 L & L charges

You will have to hear the whole situation just to be able to answer this question. But the base is my oldest screamed rape just so she don't have to move. There is a witness to her even stating that is the only reason why she said what she said. The cops even arrested him and forced him to... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

Are you writing as the child's mother? I got a little confused when you mentioned "him." In my book, there is NOTHING worse than an adult male abusing an underage female, period. That is, except a female who would manufacture a charge as serious, as heinous and hideous as lewd... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Idaho on
Q: prosecuting attorney hasn’t contacted me to let me know what’s happening with my case. do i need my own lawyer?

i filed a police report against my ex because she kicked me in the head & the state is pressing domestic battery charges against her. she has pre trial in 3 weeks & online in the court repository it said “notice of defense of alibi” does that mean she’s going to say she was never with... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

You have the right to hire an attorney, if you want to? You are the State's witness and a "victim" pursuant to the Victim's Rights Statute in Idaho. Under that law, you have the right to meaningful notice of how they're handling this prosecution. Be patient, and... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Idaho on
Q: a Boise pawn shop sold my 1500.00 generator before the pawn ticket was due. what laws or statutes did they violate?
Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

It's ALL in your contract. If they broke their contract with you, you can sue them for the reasonable value of your generator, less the money they gave you for pawn, plus the money you paid in monthly payments. Good luck to you!

P.S., sue them in Small Claims Court.

1 Answer | Asked in Criminal Law for Idaho on
Q: I have a bench Warrant but have court today. If I show up to court, will I be arrested

My bench Warrant is for non compliance with pretrial services, after missing only one test due to being evicted because of my charge. I called iñ everyday, and missed one test. The probation officer (I'm not on probation) came to my house and forced my mother to UA me. Then filed a bench... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

Its probably too late to answer this question? Did you get arrested? That is pretty typical, especially if you've been on Pre-Trial Release for a drug offense. Just be positive and, if this is your first PV, hopefully the District Court will agree to reinstate you on felony probation. Trick... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Should I sign my rights away for a speedy trial if it's been two years since I got charged

I got pulled over with my ex almost two years ago when we got stopped the cops found methamphetamines in the vehicle which was owned and driven by him. He told the cops everything in the car was mine. I've taken it to trial and have trial in a month. My attorney is now wanting me sign a... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

It doesn't matter if you sign the Waiver of Speedy Trial or not. The Idaho Supreme Court has just issued a new Order which says that NO JURY TRIAL SHALL COMMENCE UNTIL DECEMBER, 2021, anyway. So, if you do sign it, your trial will probably be held in April. If you don't sign it, your... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Personal Injury and Car Accidents for Idaho on
Q: If my Husband is sentenced and is paying restitution can the other party file a civil claim and sue him?

He was involved in a car accident where there was a fatality and he was charged with vehicular manslaughter. he is currently in IDOCI Orofino and we have filed an appeal and everytime that I or someone else puts money on his commissary restitution is taken out 20% of the amount submitted. my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

Your question has a couple of issues:

1. Restitution being taken out of his commissary money. This is probably per statute, so there is nothing that you can do about it. Your husband will get out some day and will hopefully have a little, less, restitution that he has to pay, because...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: How long can police keep phone as evidence?

I got pulled over driving with suspended

Police ran a drug dog and it hit on passenger said, they searched and nothing (known ex dealer) I had both my babies in car . They then took me to jail and book and release only to return to my car and no phone, no idea what was taken, no clue they... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

Police can legally hold "evidence of a crime," for a long as it takes for them to prosecute the passenger and convict him AND for his appeal time (42 days) to run. After that, it should just take a phone call to the Sheriff's Property Locker, for you to retrieve your phone. Be... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Idaho on
Q: Been paying ch. supp. for a year, no order. Can I be credited for voluntarily paying when complaint for divorce filed?

Have been paying for my 2 daughters since Sept. of last year without any type of legal documentation. Wife moved against my wishes to Idaho while I went back to San Diego (we were in Italy) as am in Navy, but she committed to working on our marriage. I trusted her but it seems as she just said... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

It sounds as though she did trick you, in order to establish residency in Idaho. I don't know what was going on at the time she wanted to move back to the states between you two. But it doesn't matter now. She has filed for divorce, in Idaho. Here are some suggestions, with the most... Read more »

1 Answer | Asked in Collections for Idaho on
Q: Can I put a lean on or claim an abandoned late model pickup that has been left on my property for 6 months?

Lease holder left truck here during bankruptcy which was complete about 6 months ago. He and I have each contacted the owner (Chrysler corp) several times and requested it be picked up. Each time they say yes but fail to collect it. I would like to be paid for storing the truck or put a claim... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

I would try contacting the local Chrysler/Dodge dealership and see what instructions they give you and follow that. I don't know of any law in Idaho, giving you the right to place a lien on personal property which you gave permission to store a pickup on.

1 Answer | Asked in Contracts and Construction Law for Idaho on
Q: Where can I get a template for filing my suit?

I need to file suit against a general contractor who failed to complete the job despite being paid.

Kevin M Rogers
Kevin M Rogers answered on Sep 29, 2021

I am a practicing member of the Idaho State Bar, my friend and have multiple lawsuits I can reference pleadings for if I need to. However, a "Template?" I'm sorry, no set of facts are the same; and, even the Rules of Civil Procedure have changed, just since my last suit. So, it... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: How do I get my deposit back on a home that had an accepted offer?

I had an accepted purchase offer on a home I am buying. The home was advertised with a lifetime warranty on a metal roof. Prior to closing, I found out there was no permit on file for the new roof and the roof warranty was not a lifetime. The owner is not able to provide receipts for the roof in... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2021

The fact that you closed on the property even knowing that the property did not have 50 years left on the roof, will be used against you as an "affirmative defense," if you sue to get out of the contract. You may have a breach of contract claim, if you can show that the 50 yr warranty... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: during marriage I borrowed money purchased sole an separate property. No community funds were used hubby

he signed quit deed at closing to me

Kevin M Rogers
Kevin M Rogers answered on Sep 6, 2021

What is your question? WA is a community property state, so is Idaho. The property you purchased is "presumed" to be 1/2 his.

You can "prove" you purchased the property with "separate money," but it will be your burden to prove. The fact that he signed a...
Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Idaho on
Q: My daughter is 16 her boyfriend is 21 and her dad let him move in with them is this illegal? Can her dad get in trouble

Can his new 25 year old girlfriend get in trouble as well ? They both allow it even tho it's illegal in idaho

Kevin M Rogers
Kevin M Rogers answered on Sep 3, 2021

Your daughter is too young to have sex with a 21 year old man, period. IF the father permits them to live together, as "house mates," no foul. If the father allows them to sleep in the same bed, that is illegal and NO the girlfriend has NO liability, because she has NO rights to your... Read more »

1 Answer | Asked in Contracts for Idaho on
Q: Is it legal for an extended warranty contract on a new vehicle increase the payment after only 4 months
Kevin M Rogers
Kevin M Rogers answered on Sep 3, 2021

Every contract for the sale of a car, includes "small print" provisions. If you carefully read all of the "fine print" provisions of the "extended warranty" addendum to the contract, it SHOULD say somewhere that after four months, the company may raise the payment to... Read more »

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