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Questions Answered by Kevin M Rogers
1 Answer | Asked in Health Care Law for Idaho on
Q: I owe the dentist about $5,000.00 and they refuse to accept any payment except for full payment. Is this legal?
Kevin M Rogers
Kevin M Rogers answered on Sep 27, 2020

Yes it is legal. You always have the option to file bankruptcy and this creditor will get ZERO. They should know this, but . . . stupid creditors are born every day!

1 Answer | Asked in Criminal Law for Idaho on
Q: Do I need a concealee carry permit to carry/order a pocket baton in Idaho?
Kevin M Rogers
Kevin M Rogers answered on Sep 27, 2020

"Deadly weapon" means:

(i) Any dirk, dirk knife, bowie knife, dagger or firearm;

(ii) Any other weapon, device, instrument, material or substance that is designed and manufactured to be readily capable of causing death or serious bodily injury; or

(iii) Any...
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1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Can my ex split his visitation time, taking more at xmas because Thanksgiving is 4 days and not 7 because of school?

Ex moved to Arizona, I live with kids in Idaho. He gets alternating Thanksgiving and Christmas break, supposed to be 7 days for each. The kids are now in school &only get 4 days for Thanksgiving. Can he take the other 3 days and put them on his next Christmas visit? Would a judge allow this?

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

IF I were a smart-ass, I would say "is this worth $3,500 to figure out?" But, since I'm not a smart ass and want to be very "real" with you, let me say that you should consider a few things, as follows:

1. Have you and your ex-husband been adhering to the...
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1 Answer | Asked in Traffic Tickets for Idaho on
Q: I was pulled me over for speeding, he said that if I go to court to defend he will make it a reckless driving. Illegal?

He said I was going 61 in a 40 in the hills, I passed him on a blind corner as I was slowing down coming around the corner.As I pull over, I grab my wallet from the center cup holder for my license. As he approaches my car he screams put your hands in the steering wheel and was very aggressive. He... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

You can answer that question yourself by referring to the code sections for speeding as well as reckless driving. Speeding is self-evident. However, "reckless driving" is defined as: "carelessly and heedlessly or without due caution and circumspection, and at a speed or in a... Read more »

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Idaho on
Q: Per ID Code § 22-4504 (2016), can a city in Idaho pass an ordinance/law requiring a person to buy a permit to farm?

The city recently passed an ordinance saying you have to buy a yearly license/permit to raise animals (chickens, ducks...) in city limits. AND prohibits raising certain animals - male chickens, for example. And if you get caught, they fine you for being no complacent!

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

There is nothing in Idaho Code 22-4504 which would prevent a city from enacting an ordinance requiring the owner of a farm to obtain a permit to raise certain animals, such as chickens, ducks within city limits. It says simply that Idaho prefers farming operations, period. The distinction this... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: I have a question about a child in the foster system

She is 16 and hasn't been suicidal for almost two months but her mother and case manager have told a mental hospital the she's "hearing voices" and "threatens to kill herself". If she(the foster child) tells the mental hospital herself that she hasn't been... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

Idaho law allows anyone who believes a juvenile is suicidal or trying to hurt herself or others to petition the court for immediate guardianship. All that needs to happen is the juvenile herself or someone else who is witness to her comments or actions, to notify LE, who is required by law to... Read more »

1 Answer | Asked in Estate Planning and Legal Malpractice for Idaho on
Q: The venue where the lawyer practices in CA and I live in Idaho I am hoping to get an opinion/guidance for the following

I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.

Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.

The interview was to be free as is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 23, 2020

A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... Read more »

1 Answer | Asked in Consumer Law, Contracts, Libel & Slander and Medical Malpractice for Idaho on
Q: I would like to file a complaint against a judge

I believe my rights were violated judge would not take evidence into consideration

Kevin M Rogers
Kevin M Rogers answered on Sep 23, 2020

Without knowing a few things it would be difficult to give you proper guidance. I would like to know 1) what the evidence was that you tried to get in; 2) what the objection was to it's admission? 3) what point was the evidence sought to be introduced? Did the case make it to trial? Was... Read more »

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Too long. See below. Tenant, landlord, renting

Okay so I'm renting a room right now as part of a larger single unit home. One of my housemates has some really bad klepto tendencies and I've had to take a lot of my stuff back from him and out of his room after he stole them from my room. Am I allowed to change the lock on my door... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 14, 2020

I recommend that you contact the LL. He has some liability if things from a "guest" are stolen by someone else who is his "guest," so I think he should be consulted, but you DO have the right to change your lock, as long as you let your LL know.

1 Answer | Asked in Estate Planning for Idaho on
Q: My wife's father passed away his home is in montana but he was in Idaho when he died? Which state laws apply.

Towards the end we had to move him into hospice care in Idaho so that he could be near family. We are trying to figure this out but neither of us has been through this before.

Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2020

His place of domicile when he died was Idaho, whether or not he happens to own property elsewhere

1 Answer | Asked in Family Law for Idaho on
Q: We have a Family Trust - my mother is the sole owner. 4 siblings. Who legally makes the financial decisions?
Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2020

Your mother is the "sole owner" of what? The Trust? The real property?

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Idaho on
Q: 3 siblings have inherited the family home. 2 of them want to sell the property and 1 of them does not and wants to rent

out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?

Kevin M Rogers
Kevin M Rogers answered on Sep 10, 2020

Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... Read more »

1 Answer | Asked in DUI / DWI for Idaho on
Q: I would like to file a motion to suppress blood draw evidence for illegal stop. I had been driving for less than a block

I did not swerve, forget a signal, speed or do anything illegal. They stopped me because I told my ex I was feeling suicidal. They immediately told me to get out of the car. I told them I was okay and just wanted to go out for lunch and was going to call the crisis line after I ate. They asked if... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 7, 2020

You can file a Motion to Suppress evidence. However, the "reason" you were pulled over you explained, was your ex apparently called 911 and explained that you were suicidal? That call gave officers "reasonable suspicion" that "if located while driving," your condition... Read more »

1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Civil Rights for Idaho on
Q: A no trespass was put on me since then I've been invited over several times.has this no trespass been abolished?

It was placed on me by a girl friend who resides at the home with her mom.who both take care of the home owned by a mutual friend.mom is 57 girl friend 37.bannock county,

Kevin M Rogers
Kevin M Rogers answered on Sep 6, 2020

You're an invited guest. Your "permission" my be fluid, so don't push it. There's no such thing as abolishing permission revoked. It may be given and taken away fluidly. Be careful!

1 Answer | Asked in Criminal Law for Idaho on
Q: Son was arrested on supervised parole for possession of a controlled substance, he resided with us his parents.

Does his parole officer still have authority to enter the residence and do a search while he is in jail?

Kevin M Rogers
Kevin M Rogers answered on Sep 3, 2020

Probation officers are given about 90% of your son's 4th Amendment rights, while he is on probation. If you son had been at home, the P.O. would have been able to come right in, after ringing the door bell of course. They have the right to search his room plus any "common area."... Read more »

1 Answer | Asked in Civil Rights for Idaho on
Q: My husband is in the Bingham County Jail in Blackfoot Idaho he is an illegal immigrant he has been served with papers

with a notice of service of interrogatories and request for production and request for admissions for his money in the amount of $20,100 he is unable to read English and send me the papers but by the time I got it the 30 days have been passed can we appeal this decision and how? Is it unfair... Read more »

Kevin M Rogers
Kevin M Rogers answered on Sep 1, 2020

Yes, you can call the person whose name is on the notice you received. Ask them for additional time. They should grant you additional time to fill out the Interrogatories to him. They will typically request a "fee" of a percentage or a dollar amount in order to allow your husband to... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: How or can he apply for bail? Is the ada country jail being shut down due to covid?

My friend had 3 bench warrants for probation violations. He is in jail and says he is not bailable. Has had couple video hearings but says he does not understand what’s going on.

Kevin M Rogers
Kevin M Rogers answered on Aug 31, 2020

It's a governor's prerogative to use his executive powers during a pandemic to manage risk to the citizens he's charged with protecting. It's going to be very interesting to see if the executive's authority exceeds the constitution's guarantee of DUE PROCESS to all... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My ex won’t give me an address to serve him custody papers. What do I do?
Kevin M Rogers
Kevin M Rogers answered on Aug 29, 2020

Several ways. First does ex have a lawyer? The Rules say that service on the lawyer IS service to your ex; second, if you know what state and city he lives in, your attorney can draft a motion for publication of Summons and if approved by the court, your papers will be deemed "served"... Read more »

1 Answer | Asked in Animal / Dog Law for Idaho on
Q: If someone tells you the puppies they are selling come from papered parents and the parents really aren’t papered is it

Illegal and can they get in trouble?

Kevin M Rogers
Kevin M Rogers answered on Aug 26, 2020

Yes they can. At a minimum your sale, if you purchased a puppy under false pretenses, will be voided and the seller will have to refund your money. At worst, the seller is possibly guilty of "fraud." Fraud is serious. It requires you to prove that the seller 1. Made a statement which... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Idaho on
Q: What is Idaho law re: policy change to already existing employee handbook?

I am a waitress in Idaho & have been employed at my current job for a year & 1/2. I change my hair color frequently & the word is that the owners mother wants to implement a new policy regarding dying your hair. Obviously, I don’t want to stop dying my hair. So, I am curious as to how... Read more »

Kevin M Rogers
Kevin M Rogers answered on Aug 24, 2020

Any changes to the policy manual affect current and new employees. You're bound by it.

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