Transfer him to a hospital for further evaluation?
answered on Mar 30, 2023
You can look up the regulation(s) that have to do with how long they can hold your bf, before they will be required to release him. These can be found here: https://adminrules.idaho.gov/rules/current/16/index.html
Every law that the Legislature passes, has to have a "regulation"... Read more »
answered on Mar 15, 2023
Yes, cops call it an "outside sniff," or words to that effect. The bummer about dogs, is that a LOT of the time now, routine traffic stops are done with a K-9 officer. If you happened to have been stopped within 3-5 minutes prior to a drug dog getting there, probably no Judge would say... Read more »
My question is in regards to idaho legislative statute 18-310 (2). My felony is not listed under the list of charges that disqualify you from immediate restoration of 2a rights
answered on Mar 2, 2023
If you have completed your probation, you may be eligible to have your firearm rights restored. However, the process and requirements for restoration of firearm rights vary by state. You should check the laws of your specific state to determine the process and requirements for restoring your... Read more »
I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... Read more »
answered on Jan 26, 2023
The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... Read more »
I am following the Bryan Kohbergers case and a lot of people are curious as to why a co defendant was listed in the discovery but there there is no co defendant ?
I’ve heard it is just how they do the legal discovery could you explain why they list this when there is actually no co defendant ?
answered on Jan 26, 2023
My experience in dealing with prosecution offices is that the first Discovery Responses they send out are akin to a sawed off shotgun approach, they're going to list every, single human being who they talked to or originally thought they might want to talk to. It's kind of like a... Read more »
I was served with a search warrant for a stolen laptop which I had bought from this person not knowing that it was stolen. During the search they found 26 rifles and apparently 3 were stolen. Again not knowing that they were stolen. I was charged with 26 counts of illegal firearms possession and 4... Read more »
answered on Jan 26, 2023
If you are a felon, you may not possess a firearm, period. Regarding the laptop . . . what kind of computer was it? Did you pay full price for it? Did you pay a fair, used price for it? What questions did you ask the seller before buying it? Did the seller "dump" it for a hundred... Read more »
An out of jurisdiction officer while in another county without authorization collected evidence in an unrelated case from which he was initially investigating
answered on Jan 26, 2023
Yes, it will be admissible in court, if the information is not "hearsay," and the prosecutor can lay the proper evidentiary foundation to introduce it. Most cities and surrounding cities, have "compacts" or "agreements" that each can work "temporarily" in... Read more »
answered on Jan 26, 2023
Yes it means that they couldn't find the individual, but nothing but a line that says, "warrant recalled" will mean that there is no longer a warrant. Good luck to you!
answered on Jan 26, 2023
This is a good time to learn about Idaho and the 4th Amendment to the US Constitution. A police officer has been endowed with a limited amount of discretion. He is not required to ticket someone for the "reasonable suspicion" reason that he pulled him over for, but he should if he wants... Read more »
If I plead guilty what is the chance that I will only get a fine or fine and unsupervised probation
answered on Jan 26, 2023
Possession with Intent (to sell, distribute) is a felony in Idaho. It carries a maximun sentence of 7 years of prison. If you have NO other crimes in your jacket, then you MIGHT be able to get a probation offer. That also might be contingent on you completing 60-90 days in custody going through... Read more »
Have a criminal charge stemming from a really bad traffic stop call. The whole traffic stop threw arrest and release and still going and being monitored have been very poorly handled and quite frankly very qurationble have CT datw 12-12 2022 and my defense lawyer passed away
answered on Jan 2, 2023
You need to do the following:
1. Determine whether the offending officer was a Boise City cop; or an Idaho State Trooper. This is important because you can look up the "Idaho Tort Claims Act," and it says you only have 180 days from the day you "should have been able to... Read more »
When I was sentenced my judge told me after probation to come back and see him and he would ammend my charge. Charge is from 2015 I completed probation in 2020. I have called the clerks and they say I have to file something in order to have my case placed on the calender, and also that I have to... Read more »
answered on Jan 2, 2023
In Boise, Idaho, where I practice, it is sometimes necessary for me to call repeatedly the Clerk and ask that she give me a court date. However, it is ALWAYS after I have filed a MOTION FOR DISMISSAL OF CHARGES, pursuant to URCRP Rule 42 for dismissal. Here's a suggestion:
1. Draft... Read more »
At sentencing, my judge and prosecutor both agreed to allow me to have my charge ammended after I completed probation. I just need to know how to FILE for it. Or what form do I need to file, or how do I get a court date to make this happen. It's idaho code 19-2604. I just need the form/s... Read more »
answered on Jan 2, 2023
Here's one example you might use:
Comes now the Defendant, ________________, In Propria Persona, and hereby moves this Honorable Court to DISMISS the criminal charges against the Defendant, pursuant to Idaho Code 19-2604.
This motion is made and based on the Court and the... Read more »
answered on Nov 24, 2022
Because of the time he had to “think about” shooting someone. It’s called “premeditation.” Chasing after the shooter in a car, isn’t “defensive,” it “offensive.”
answered on Nov 2, 2022
In Idaho there are now 2 types of "stay away" orders. The first is a NO CONTACT ORDER. There is no way to have one of these against you, unless you've been charged with committing a Domestic Battery charge. In other words, it comes attached with a criminal charge. The other... Read more »
and your attacker pulled the gun out and pointed it at you first in your own home.
answered on Oct 27, 2022
Murder requires the government to prove that the actor killed another person, intentionally (not while asleep) and did so without being provoked first, and with malice. From your facts, it doesn't seem like any Sr. prosecutor would charge "murder," only to be embarrassed at court... Read more »
So my baby daddy is on felony probation & he lives with his girlfriend, and I'm there just hanging out and probation & parlo shows up and they find drugs can they detained me if I don't live there ? This is in Boise Idaho
answered on Oct 27, 2022
Yes, police have a reasonable belief that you at, at a minimum, frequenting a location, where drugs are being used, sold or distributed. So, YES, frequenting is a misdemeanor, criminal charge. Are you interested in going to college? I hope you're wealthy, because a charge of paraphernalia... Read more »
blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.
answered on Sep 9, 2022
There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.
Idaho also as adopted a .08 level of alcohol so as... Read more »
He searches my car, on a hunch he says, even though the stop was for speeding, he finds nothing in my car. The passenger was searched after that, and then booked into jail on a drug possession charge.
I was never ticketed even though the officer pulled me over for "speeding", and... Read more »
answered on Sep 9, 2022
Police have the right to pull you over, if they get information from Dispatch or their CAD system, telling them that you are suspended or not licensed or if they see (or say they see) you commit a traffic infraction. I file Motions to Suppress, whenever I see a report and the cop SAYS he saw a... Read more »
answered on Sep 9, 2022
Yes. While you're on probation, you may not possess a "weapon," but I believe the Legislature was referring to guns, not bows.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
