West Valley City, UT asked in Criminal Law and Civil Rights for Idaho

Q: Need some one that handles police misconduct claims for damages / criminal defense

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

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: 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 know that your rights were violated," in which to file your Tort Claim. If it is the Boise City Police, their office is on "Mark Stahl Place," in Boise. If it is ISP, you'll need to look where their office is. I noticed that your question is several days old, so please make the day you were stopped (or bothered) day One, and count to 180 on your calendar. On the 180th day, you need to write "LAST DAY TO FILE AND SERVED TORT CLAIM," because failure to file timely is "jurisdictional." This means that the Court will deny your claim by saying that "it does not have jurisdiction or the right" to find relief for you.

Good luck to you!

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