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Idaho Questions & Answers
0 Answers | Asked in Consumer Law and Contracts for Idaho on
Q: Is it considered fraud if someone were to change an old pay stub to reflect as a current paycheck?

If they were to try to use that for a car loan and the dealership approves of the doucments but the bank is the one to reject it, is that fraud? And would the dealership be equally as responsible since they overlooked the obvious typo giving it away that the pay stubs were altered? They were real... View More

0 Answers | Asked in Family Law and Tax Law for Idaho on
Q: If it's my sons fathers year to claim him on taxes but he has fled the state and paid none can I claim our son

My sons father and I have a child support court order, we must switch off years to claim our son on taxes and this first year is his year. Yet he has not had a job and has specifically used this as a reason I will never be paid the support. Our son lives with me full time and rarely even has... View More

0 Answers | Asked in Insurance Defense for Idaho on
Q: no insurance ticket, plead not guilty. Wife paid fine on line. drivers license is suspended now. how to change plea

my wife paid the fines through icourt portal with out my knowledge. I'm suspended now. should I change my plea through the supreme court self help web site and if so. what form do I need to fill out and submit to the courts. Also the traffic stop from my perspective was initiated on a non... View More

0 Answers | Asked in Family Law and Adoption for Idaho on
Q: What is the threshold to have service by publication for Idaho?

We are unsure of respondents location. We’ve asked friends and family. We have hired professional process servers. Sheriffs have gotten involved in the areas that we think the respondent might be. He is actively hiding. He doesn’t have a job. His family is actively hiding him. The respondent is... View More

0 Answers | Asked in Criminal Law and Juvenile Law for Idaho on
Q: My late husband as a juvenile was held over in a criminal case. would like to have access to that record for genealogic.

This was located in Montana during the late 1940's between 1945s and 1949

0 Answers | Asked in Family Law and Adoption for Idaho on
Q: I was adopted as an infant. I recently met my bio mother through Ancestry DNA. I'd like my original birth certificate.

I discovered I am part Native American and would like to be put on the tribal rolls. Additionally, there are some questions as to the legitimacy of my adoption. My bio mother says that she did not give me up willingly or knowingly. She does not remember signing anything, as they kept her heavily... View More

0 Answers | Asked in Family Law and Child Custody for Idaho on
Q: What happens of spouse falsely accuse me of doing drugs to police in front of our kids if we live together.

What happens to the spose accusing me of those things is the one doing them?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: If they haven't been convicted yet why is that charge on the case already?

Charges that been to trial yet, but icourt lists what he was originally charged with plus habitual yet the law reads if convicted it adds a sentencing minimum, but it's listed as a felony. So how can it be another charge if not convicted. It's like make sure the jury won't let him... View More

James L. Arrasmith
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answered on Dec 21, 2024

When a case is filed, all potential charges, including any enhancements like habitual offender status, are listed upfront. This is standard procedure to inform both the defense and the prosecution of the full scope of allegations. It ensures transparency in the legal process and allows the defense... View More

2 Answers | Asked in Immigration Law for Idaho on
Q: I am Canadian and in US. How can I marry my American boyfriend of 2 years ASAP? My visa just changed from a J2 to an F1.

I am a Canadian citizen, and despite not having left the States in a couple of years, (and having resided in the US for the better part of 10 years before that) I needed to briefly cross the Canadian border the other day in order to change my J2 visa to an F1 visa. The reason for that is because I... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Dec 19, 2024

Thanks for your question. The good news is that you have a fairly straightforward path to adjusting status to permanent residency. As long as you are married to a U.S. citizen, entered the country lawfully with status, and have no serious criminal history, then you should be qualified and approved.... View More

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1 Answer | Asked in Personal Injury and Health Care Law for Idaho on
Q: Do I have any chance with a case? Feb 14th 23' I was dropped on my R artificial knee. Broke my femur & both ankles.

Feb. 2023 I came to help out my housebound mother and to celebrate my Pop's birthday. Pos was a residence at Lakeside in Polson. I got severely sick and was taken to St Luke's in Ronan. Admitted for severe dehydration and RSV. I needed to go potty and had voiced that since I had been... View More

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2024

An Idaho attorney could advise best, but your question remains open for a week. I'm sorry about your ordeal. From your post, it looks like this happened in February 2023. I do not practice in Idaho but based a quick check of online information available to the general public, it looks like the... View More

1 Answer | Asked in Uncategorized for Idaho on
Q: If you are under the age of 18, lets say 15 then do parents have the right to destroy anything you own or was a gift?

I received a ps4 for my 13th birthday and I’m now 18. Can they still damage or destroy it without any consequences?

James L. Arrasmith
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answered on Oct 18, 2024

When you were 15, your parents had the authority to manage your belongings, including gifts like a PS4. They could make decisions about your property while you were still a minor.

Now that you are 18, you are legally an adult, and your parents no longer have the same rights over your...
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1 Answer | Asked in Business Law for Idaho on
Q: I’m am leaving my job and they are asking me to pay for my training at a pro rated amount. I never signed a contract
Tim Akpinar
Tim Akpinar
answered on Nov 4, 2024

An Idaho attorney could advise best, but your question remains open for three weeks. You could repost and add "Employment Law" as a heading. Attorneys in that category would be knowledgeable in these settings. Good luck

2 Answers | Asked in Bankruptcy and Divorce for Idaho on
Q: What are my options here? cosigned on ex's car. She just filed for Bankruptcy. What do I do?

I cosigned with my ex-wife on a vehicle she kept in the divorce. She never refinanced. She filed for bankruptcy last month. I can't afford to take on the loan. What do I do?

Timothy Denison
Timothy Denison
answered on Oct 15, 2024

If she was awarded the care in the divorce, she likely got the debt too. You may be able to get relief in your divorce action.

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1 Answer | Asked in Uncategorized for Idaho on
Q: When an officer gets a warrant to search a device to obtain evidence ,can he keep the property from which it was seized.

The phone was in a vehicle where the passenger was arrested. The driver/owner of the vehicle was released to leave the scene,The officer the reached into the vehicle and took possession the suspects phone in order to get a warrant the search the phone at a later date.The warrant was for the phone... View More

James L. Arrasmith
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answered on Oct 10, 2024

If your phone was seized during an arrest and the case was later dismissed without prejudice, you generally have the right to have your property returned. The warrant was specifically for searching your phone and obtaining digital evidence, not for permanently keeping your device. Once the... View More

1 Answer | Asked in Estate Planning and Family Law for Idaho on
Q: A Trust is registered in more than one county in different years. Which one is legal?

One trust is a revocable living trust that became irrevocable in 1997 (QTIP) and 1999. The partitioned portion of the trust for minor beneficiaries was not filed until 2015 as was done so in a different county but within the same state. The 2015 filing states the Trust has not been filed before.... View More

Anthony M. Avery
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answered on Sep 25, 2024

You will need an ID attorney search the titles in both Counties, and read whatever Trust Instruments available. Who is the Trustee? No lawyer can give you competent answers without a proper investigation.

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Idaho on
Q: My dad built a house on someone's else's property he passed, do I have any rights to it,
James L. Arrasmith
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answered on Sep 27, 2024

When your dad built a house on someone else’s property, it complicates matters legally. The key issue here is that the land belongs to someone else, and ownership of a house generally follows ownership of the land it’s built on. Unless there is a specific agreement or legal documentation that... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Idaho on
Q: 2024 United States v. Duarte ruled 2 to 1 stating federal law is unconstitutional. My rights are restored can bear arms

I’m a non violent convicted felon in Idaho but the states constitution explicitly states felons are to not possess a guns is this unconstitutional?

James L. Arrasmith
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answered on Sep 19, 2024

The recent ruling in United States v. Duarte has brought attention to federal gun laws and the constitutionality of certain restrictions. Since your rights have been restored on the federal level, you might believe this ruling would apply to your situation. However, states can still have their own... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: How long to file small claims in Idaho
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2024

An Idaho attorney should advise here, since your question involves procedural law in a specific jurisdiction's state court system. However, your question remains open for three weeks. Until you are able to consult with a local attorney, in most places, the statute of limitations is governed by... View More

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