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Idaho Questions & Answers
0 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Idaho on
Q: Is it legal for a landlord to require a driveway replacement for a rented mobile home lot in Idaho?

I rent a lot for a mobile home and have been living there for 4 months. The landlord is requiring me to remove an asphalt driveway and replace it with concrete at a cost of $5,860. I felt forced to agree to this as leverage to obtain the home. Is this legal?

1 Answer | Asked in Estate Planning, Real Estate Law, Constitutional Law and Gov & Administrative Law for Idaho on
Q: Can a judge contradict one law by ruling under another in an estate case?

In my ongoing estate case heard in a judicial district of a county, my motion was denied by the judge, who based the decision on a law traditionally associated with estate law. However, my motion was supported by a different law that pertains to business, religion, real estate, and land law. Can a... View More

Anthony M. Avery
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answered on Apr 18, 2025

Your question is far too broad to give an answer. But judges often adjudicate a case based on laws that one party may not feel are controlling, and this happens alot in Probate. The losing party can file a Rule 59 Motion or an Appeal. Consult quickly with an ID attorney as time is running.

2 Answers | Asked in Trademark and Intellectual Property for Idaho on
Q: How can I acquire the abandoned trademark 'Health Couture' for a magazine in Idaho?

I am interested in acquiring the trademark 'Health Couture' (Serial Number 77285924), which was abandoned due to failure to respond or late response as of June 20, 2008. I intend to use it for a for-profit health information resource magazine and newsletters. What steps should I take to... View More

David Aldrich
David Aldrich
answered on Apr 16, 2025

Since the application has been abandoned, you can just file your own trademark application.

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1 Answer | Asked in Immigration Law, Public Benefits and Health Care Law for Idaho on
Q: Can DV Lottery applicants discuss using TANF, SNAP, or Section 8 in interviews?

I am in the process of the Diversity Visa (DV) Lottery, and I'm concerned about discussing public assistance programs like TANF, SNAP, and Section 8 during the interview. I've heard that mentioning plans to use government assistance might be problematic, as applicants are expected to be... View More

James L. Arrasmith
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answered on Apr 13, 2025

When you apply for the Diversity Visa (DV) Lottery, it's important to demonstrate that you will be able to support yourself financially in the U.S. Applicants are generally expected to be financially independent or have a sponsor who can prove they can support the applicant. Discussing your... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Idaho on
Q: My brother is jailed in Idaho for marijuana possession. What steps should we take next?

My brother, who has a past DUI, was pulled over in Idaho Falls for driving in the left lane while on a trip to Big Sky Resort, where his partner owns a condo. He was then profiled for his long hair and California license plates. After admitting to and handing over a small amount of marijuana... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’re doing the right thing by looking for help quickly, especially with your brother still in custody. The first step is to call or check online with the **Bonneville County Jail** in Idaho Falls to confirm his status, charges, and whether bail has been set. If bail has been posted but isn’t... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Idaho on
Q: Can a jailed custodial parent sign over rights to grandmother?

I am the non-custodial parent with visitation rights, overnight weekends, and paying child support. The custodial parent, who is incarcerated for six months, has signed their rights temporarily over to the child's grandmother without my consent or involvement, despite having a 50/50 custody... View More

James L. Arrasmith
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answered on Apr 13, 2025

In general, a custodial parent cannot unilaterally sign over parental rights to someone else, especially without involving the other parent or the court. While the custodial parent may have the authority to make temporary arrangements, such as allowing the child to stay with a relative, these... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Idaho on
Q: Can a juvenile in Idaho get a second chance after violating probation for grand theft?

I would like to know if a juvenile in Idaho, who was charged with grand theft (a felony), can get a second chance after violating probation. The violations included being disrespectful, not completing a substance use treatment program, refusing a UA (urinalysis), and testing positive for... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Idaho, juveniles who violate probation can often receive a second chance, but it depends on the specifics of the case and the judge’s discretion. Since your juvenile was charged with a felony (grand theft) and has violated probation through substance use and behavioral issues, the court will... View More

1 Answer | Asked in Family Law and Probate for Idaho on
Q: Seeking guidance on pursuing guardianship for my daughter with Down syndrome turning 18 soon.

I have a daughter with Down syndrome who will be turning 18 in a couple of years, and I'm considering pursuing full guardianship for her due to concerns about managing her financials and major life decisions. I've heard the guardianship process can be lengthy and expensive, and I'm... View More

James L. Arrasmith
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answered on Apr 13, 2025

To pursue guardianship for your daughter, you will need to file a petition with the probate court in your area. This process can take time, and it's important to understand that guardianship typically requires proving that your daughter is unable to make certain decisions for herself due to... View More

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Idaho on
Q: Is it legal for an attorney to threaten upgrading a ticket to misdemeanor in Idaho?

I received a ticket for careless use of a vehicle on BLM land in Idaho. The paperwork instructed me to appear in court, but instead, I had to speak with an attorney who threatened to upgrade my ticket to a misdemeanor if I insisted on seeing a judge. I was not informed beforehand of a change in... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Idaho, attorneys are prohibited from using threats or coercion to influence a person's legal decisions. If an attorney threatened to escalate your ticket to a misdemeanor unless you waived your right to a court appearance, this could be considered unethical conduct. The Idaho Rules of... View More

1 Answer | Asked in Consumer Law and Insurance Defense for Idaho on
Q: Can I remove myself from car insurance due to medical reasons and keep my husband on it?

I want to permanently remove myself as a driver from my car insurance policy due to medical reasons, as I'm uncertain if or when I'll be able to drive again. However, I would like to keep my husband on the policy. I am the only one listed on the vehicle title, but my husband has always... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s completely understandable to want to step back from driving due to medical reasons while still making sure your husband is covered. In Idaho, most insurance companies will allow you to remove yourself as a listed driver, especially if you’re no longer operating the vehicle. Since your... View More

1 Answer | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Idaho on
Q: How can I uphold mediation agreement and protect my son's communication rights during visitations in Idaho?

I am experiencing issues with my ex during communication with our 4-year-old son during visitations. My ex records these calls, puts them on speakerphone, and supervises with my son beside him, not permitting FaceTime, claiming it disrupts our son's emotional state. He enforces a time limit of... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like your ex is not following the terms of the mediation agreement, and it's important to take steps to ensure your rights and your son’s well-being are protected. Since the agreement states that communication should happen at reasonable times and durations, you can address this... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: When can a loaned item be considered stolen in Idaho?

My mom lent me her car while mine was being repaired in Idaho. She arranged and paid for the towing and repairs, and has a history of lending me her car for transportation. I received her messages late at night about picking up my repaired car. The next morning, she claimed a police officer told... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Idaho, a loaned item, like a car, can be considered stolen if the person who borrowed it refuses to return it after being asked to do so or if they intentionally keep the item beyond the agreed-upon time. Since your mom willingly lent you her car, and it was parked legally with the proper... View More

1 Answer | Asked in Domestic Violence and Family Law for Idaho on
Q: Can a 17-year-old in Idaho file a protection order against a guardian?

I am a 17-year-old in Idaho seeking to file a protection order against my legal guardian due to issues involving drugs, mental abuse, trauma, and neglect. The child has not previously sought any legal assistance or intervention regarding this situation. Can a minor like me file a protection order... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Idaho, a 17-year-old minor can file for a protection order against a guardian, especially if the guardian is a family or household member. Idaho law allows individuals under 18 to seek protection orders for domestic violence, which includes abuse by family or household members. The court may... View More

1 Answer | Asked in Real Estate Law and Probate for Idaho on
Q: How can we transfer property from mother-in-law to husband in Idaho?

My mother-in-law has her name on the property and house, which she inherited from my grandmother-in-law who passed away last year. My husband pays all the bills, and there is no mortgage or written agreement concerning the property. We are wondering if it's possible to have the property and... View More

James L. Arrasmith
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answered on Apr 12, 2025

To transfer the property from your mother-in-law to your husband in Idaho, the most straightforward method is for your mother-in-law to sign a deed transferring ownership to your husband. This process would typically involve drafting a new deed, such as a quitclaim deed or warranty deed, depending... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Idaho on
Q: Received MIP in Idaho at 18 for marijuana and alcohol. How to handle charges?

I'm 18 years old and just received an MIP in Grangeville, Idaho, for marijuana and alcohol while driving alone after being pulled over for speeding. This is my first speeding ticket, but I received an MIP when I was 13. I was told it would be removed from my record when I turned 18, but it... View More

James L. Arrasmith
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answered on Apr 1, 2025

You are facing potential significant legal consequences due to receiving a Minor in Possession (MIP) citation in Idaho for both marijuana and alcohol while driving. In Idaho, possession of alcohol by a minor is typically a misdemeanor offense punishable by fines up to $1,000 and potential jail time... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for Idaho on
Q: How to exit lease with ex-boyfriend refusing to sign off in Idaho?

I am currently on a lease with my ex-boyfriend that ends in July, but I no longer live in the rental due to his emotional abuse. I have the opportunity to pay $250 to get out of the lease, but my ex-boyfriend and his roommate need to sign off on it, and they are refusing to do so. What can I do to... View More

James L. Arrasmith
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answered on Apr 12, 2025

If your ex-boyfriend and his roommate are refusing to sign off on the lease termination, the situation becomes more complicated, but there are still ways forward. You are legally responsible for the lease, but you may be able to negotiate with the landlord for an easier exit. If the landlord is... View More

2 Answers | Asked in Real Estate Law, Contracts and Civil Litigation for Idaho on
Q: Paid for land, no agreement or signature, legal issue?

I paid a landowner with a certified check for a small strip of land, which has no utilities or buildings, based on a recorded survey. However, there is no written agreement, and the landowner accepted the money but is refusing to sign any documents. Is this legal, and what can I do about it?

Anthony M. Avery
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answered on Mar 31, 2025

Your agreement violates the statute of frauds. Hire an ID attorney now to sue him in equity. Apparently you do not even know if that guy is an actual owner, so search the title. Get a copy of the honored check. It might be considered a memorandum.

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1 Answer | Asked in Criminal Law and Civil Litigation for Idaho on
Q: Can my car be seized if trafficking charge is dropped but possession charge is pending?

I faced charges of trafficking and possession of drugs, resulting in the seizure of my car, which is now subject to civil proceedings. The trafficking charge might be dropped, but the possession charge is still pending. I have received a notice for in rem proceedings against my car and have... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, your car can still be seized even if the trafficking charge is dropped, as long as the possession charge is still pending. Under Idaho's civil forfeiture laws, the government may retain property if it's linked to criminal activity, even if the person is not convicted. Since the... View More

1 Answer | Asked in Workers' Compensation, Gov & Administrative Law and Personal Injury for Idaho on
Q: Compensation denied after TSA work injury in Idaho.

I am a Transportation Security Officer (TSO) with the Transportation Security Administration. In September 2024, I twisted my knee at the checkpoint at Boise Airport. All my medical treatments have been approved, but my compensation is being denied. I have escalated the case through ECOMP but... View More

James L. Arrasmith
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answered on Apr 11, 2025

I'm really sorry you're dealing with this—being injured at work is hard enough without having to fight for compensation you’re entitled to. As a federal employee, your claim falls under the Federal Employees' Compensation Act (FECA), and the Office of Workers’ Compensation... View More

1 Answer | Asked in Juvenile Law and Family Law for Idaho on
Q: How can I pursue emancipation in Idaho due to neglect and emotional abuse?

I am a 16-year-old living with my mother in Idaho, and I am seeking emancipation due to neglect and emotional abuse. I have not yet taken steps towards emancipation, but I have a job and am looking for additional employment to support myself. I have photo evidence and witnesses to support my claims... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Idaho, there is currently no specific law that allows for general emancipation of minors through a court process like in some other states. That means you cannot file a petition to become legally emancipated just because you are 16 and able to support yourself. However, there are still options... View More

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