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Questions Answered by Kevin M Rogers
1 Answer | Asked in Family Law for Idaho on
Q: I signed my parental rights over of my son to his aunt but it wasn't notorized is it still legal and can it be used

His grandma has temp guardianship and I want my son back I didn't mean to sign my rights over to the aunt what do I do

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

Idaho law says that a parent may give someone their parental rights for upto six (6) months, without having to go to court. Many people do this. The fact that it wasn't notarized will not do anything for you, unless it is your belief that your signature was forged or that your spouse's... Read more »

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: Does a QRDO override a divorce decree? My decree states I forgo my ex’s retirement. But there is not a QRDO filed.

Married 1982- 1996, I was a stay at home mom for the first 11 years of marriage . I agreed under duress because at the time my X Threatened he would leave the state and not give me even child support . Fast forward to today. My X is retiring and asked need to sign a waiver of pension benefits. I... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

A QDRO does not override a Divorce Decree, it merely directs the Plan Administrator on how to divide a 401k or military or state retirement. It's simply the "instructions" on how to do it. So, the answer is probably YES you would have the right at this point to get a large portion... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Idaho on
Q: If you pass the field sobriety and breath tests can an officer push for a forced draw?

blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.

Kevin M Rogers
Kevin M Rogers
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...
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1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: i was recently pulled over for "speeding" by a state officer, and i said I do not consent to a search, yet he does....

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 »

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Criminal Law for Idaho on
Q: Can I hunt with a Bow in the state of Idaho while I'm on probation. I'm on probation for embezzlement.
Kevin M Rogers
Kevin M Rogers
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.

1 Answer | Asked in Criminal Law for Idaho on
Q: If a judge does not go along with the plea agreement can you withdraw your plea?
Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

There is an Idaho Criminal Rule 11. It says:

Notice of Plea Agreement. If a plea agreement is reached by the parties, the court must, on the record, require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the...
Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: arrested for DWP and then car searched and drugs found, but have proof that license was valid. Will all charges be drop

They said I was suspended for sr22 lapsing. But I have written proof it did not from dmv.

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

In order for a policeman to pull you out of traffic, the cop must have a valid, articulable suspicion that you are, have been, or are about to commit a crime, even a traffic offense. So, if we judge the cop's actions in pulling you over, we must look at the information he/she had about you,... Read more »

1 Answer | Asked in Civil Litigation for Idaho on
Q: My grandson's Allstar little league coach rarely played 3 Allstars in Cal Ripken baseball tournaments over the summer.

We spent several thousand dollars for equipment, gas, motel reservations, food, etc. over the summer to see these kids sit on the bench on an Allstar team that required tryouts. The coach also told fans where they could or couldn't sit and stand to watch the games. Because I had a run in with... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jul 26, 2022

A "case" for what? Not playing your grandson? Nope. The coach has "discretion" to play anyone he wants. The "remedy" you have is social media and hope the "powers that be" don't hire him next season. Sorry there's not more you can do. It sucks, I know.

1 Answer | Asked in Libel & Slander for Idaho on
Q: I have an ex who discovered a personal situation I’m in. I have a minor std. and he posted it all over his social media.

He’s telling hundreds of people and it’s causing immense amounts of chaos. I’ve tried speaking to him and his friends about just Atleast taking the posts down. He refuses. I’ve also reported his accounts. Is there anything I can do?

Kevin M Rogers
Kevin M Rogers
answered on Jul 26, 2022

There are recognized, "bad stuff" you can tell about another person, and have hell to pay for doing so; disparaging a female's "chaste character" is actionable (our society still imputes chastity to females) as liable, broadly defined as both spoken "slander," or... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Idaho on
Q: Is it illegal for a 19 year old to drink nonalcoholic beers or drinks?

I live in Nampa, Idaho and I know that some nonalcoholic drinks are treated the same as alcoholic drinks, so if someone is not able to prove they're 21 and older then they'll be refused of service. So my main question is, is it illegal for a young adult below the legal drinking age to... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jul 25, 2022

Of course. If you substitute the words "non-alcoholic beverages" for "water," the answer would make more sense. Idaho law prohibits those under twenty-one (21) from consuming alcohol. So, what I think you might be talking about is if you were stopped by police or they... Read more »

1 Answer | Asked in Divorce for Idaho on
Q: Am I responsible to store ex's personal belongings that he was to make arrangements to have picked up w/in 90 days

Ex has been incarcerated since 2018 to present. Am I responsible to store his belongings after divorce was final and gave him 90 days?

Also, if I was to pay ex for equity of home and nor him or his attorney provided Deed of Trust address. Do I still have to pay? Is there a statute of limitations?

Kevin M Rogers
Kevin M Rogers
answered on May 8, 2022

As to your ex’s belongings. What I recommend is that you send him a letter, while he’s in jail, telling him that he has 30 days to have someone (preferably family) pick up his belongings and that if no one comes within 30 days, you will dispose of his things as you see fit.

As to your...
Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Idaho on
Q: my husband in in jail for two days and will be brought to the court tomorrow. He has got dimentia or some disfunction

He won't get help and I fear for my life. Can we file something with his mental and start divorce? He wants to hurt me after 55 years of caring for him and it has come to this. I am truly scared of him. What are my rights?

Kevin M Rogers
Kevin M Rogers
answered on Mar 20, 2022

Idaho Code allows a Petitioner to seek out a Civil Protection Order. All you need to do is go into the Clerk's Office and ask for Civil Protection papers, and the Clerk will give them to you. They might even have a "Court Assistance Office" to help you fill out the papers. Once... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Idaho on
Q: Lawyer knows his client is at fault. Shouldn't he advise client to honor his obligation, instead of attacking victim?

Party A excavates his lot in preparation for building a home. He violates state law by not providing written notice required by statute to Party B about intent to excavate, and remove lateral supporting soil at their mutual property line. After the damage is done, Party A sends Party B a letter... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

I think your question involves malpractice? If so, you should first consult the Idaho Rules of Professional Conduct: https://isb.idaho.gov/bar-counsel/irpc/ Look first at the lawyer's B's duty to his clients. Then look at the lawyer's B's duties when working with 3rd... Read more »

2 Answers | Asked in Real Estate Law for Idaho on
Q: What are my options to sell my part of inherited property?

My step sister and I inherited a home (50/50) from our father, I want to sell my half. She lives in the home. She agrees with selling, but it's 2 years now and hasn't done anything moving forward. I just want my share of inheritance. What are my options?

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

I agree with Mr. Avery. Either come to an agreement with perhaps a threatened partition of the property, or simply file a Petition for Partition of the land.

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1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Landlord - Tenant for Idaho on
Q: Hello! My family is dealing with an odd situation and I'd like to know what steps can be taken to resolve it.

My mom's ex is abusive towards her and my sisters. She "left him" but he still comes over. She's been charging my sisters rent. They are over 18. Do they then have a say in whether or not he's allowed at the house if the are paying rent? They feel unsafe with him around but... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Well, is sounds like you're asking this, correct me if I'm wrong:

Your parents were divorced. You are out of the house now but your sisters are still living with your mother, who apparently is a co-owner of the house that you and your mom's ex, owned?

If your...
Read more »

1 Answer | Asked in Family Law for Idaho on
Q: Looking for a lawyer or somebody that can just help me do response to a petition to modify it order judgment or decree
Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Most attorneys are reticent to simply "help" someone prepare a "Response to Petition."

Why? Several reasons:

1. He will do much more work in helping you, then you feel like paying him for;

2. You will feel comfortable calling him several times,...
Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: What does a officer mean by not enough substantial evidence but still has to write a report? Could it be dismissed?

My sister hit my husband in eye with a box so he asked for an apology she rolled her eyes at him so he took the box and lightly tapped her on the head. Now she went to hospital claims she has a concussion and is overly dramatizing the whole thing. She is playing victim and the officer asked our... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

When family fights happen, the responding officer has to be a "fact finder" in the field. His agency might have a regulation he has to follow, to "write a report on every domestic call." That may be why he told you that he is going to "write a report." His... Read more »

1 Answer | Asked in Real Estate Law and Criminal Law for Idaho on
Q: Is my real estate brokerage sueing me?

How can i tell if my realtor/brokerage i was using is going after me? I have signed termination papers, a few months ago. And now they are bringing stuff up into my personal life as if they are coming after me.

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Okay, correct me if my recitation of facts is incorrect: you worked for a realtor? You quit, a few months ago? They are "coming after you," for something? And, they are using facts from your personal life to "come after you?" If these facts are correct, then this is my... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Idaho on
Q: Someone handed a police officer possession of drug paraphernalia and said it was mine. Is that legal?

The cop asked to search my car, I said no my dad just did for 30 mins and found nothing. My mom pulls up along with my ex husband. Cop is off to the side talking to ex & magically my mom pulls out paraphernalia "from my car" in 10 seconds and starts going crazy. Ex says "Its my... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

First of all, if you would use a few commas, and periods, in your question, if would be much easier to decipher what you're asking. However, let me see if I can restate what your question is: you were pulled over, while driving your father's vehicle? Officer asks your permission to... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: What do u do if the person gave u their card and pin number and gave permission and is now charging u
Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

This is a question for the jury - what "permission" was reasonable to believe this generous person gave you. If the "giver" is believed, then the jury will probably convict you of theft. If you are believed, and the jury believes that the giver actually gave you permission to... Read more »

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