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Idaho Questions & Answers
0 Answers | Asked in Criminal Law, Civil Litigation, Communications Law and Libel & Slander for Idaho on
Q: If a person alleges that I threatened them, but still continued to bully me afterward, can I argue they weren't in fear?

The alleged threats were allegedly sent over a text, not sent directly to the bully, since I've never had their number. (I don't even know what texts they are accusing me of.) They are accusing me of threatening them with violence. (Both minors, in Idaho. Their case is also retaliatory in... View More

0 Answers | Asked in Family Law for Idaho on
Q: if a non custodial parent is already paying child support are they required to cover all healthcare benefits, child care

we have the kids every other weekend and it seems that we are paying a mass amount in child support and she is telling us that i have to cover healthcare cost and child care cost

0 Answers | Asked in Family Law and Child Custody for Idaho on
Q: Guardianship with an affidavit of abuse attached to it - should my husband sign it or is there a better alternative?

My step-daughter(age 15) has made allegations of abuse against me. I am married to her father, and her biological mother has passed away. She has moved out to live with relatives and has convinced her grandparents that I am abusive, leading them to seek guardianship of her. However, when drafting... View More

1 Answer | Asked in Civil Litigation and Federal Crimes for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of kite... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

0 Answers | Asked in Estate Planning and Family Law for Idaho on
Q: So My boyfriend trust us being robbed by his brother and his own mother he is very ill and they still have never given

An official accounting. And because they are stealing from him we can't afford a lawyer. It is an irrevocable trust, he is literally bleeding internally you would not believe the things they do to him. They sold the only property his father said to him right in front of me and his father... View More

1 Answer | Asked in Family Law for Idaho on
Q: How do I file a complaint against a judge in Canyon County? Is my time to do so limited?

I had a hearing in Canyon County. I had emergency guardianship of my granddaughter. Mother protested. I brought witnesses and my son, child's father who asked me to get guardianship. I brought him because I could not attest to certain circumstances since I wasn't there and he could.... View More

James L. Arrasmith
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answered on Apr 8, 2024

I understand your frustration with the court proceedings and your desire to file a complaint against the judge. Here are the steps you can take to file a complaint and some important information:

1. File a complaint with the Idaho Judicial Council: The Idaho Judicial Council is responsible...
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1 Answer | Asked in Civil Rights for Idaho on
Q: Do I have a right to privacy in a transitional house?

I was awakened by the house manager using his cellphone light searching my chest of drawers around 12 am and I woke up because he scared me out of my sleep and he did this with out my knowledge or consent for no reason is this legal?

James L. Arrasmith
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answered on Apr 1, 2024

The situation you describe raises serious concerns about your right to privacy. Even in a transitional housing setting, you have a reasonable expectation of privacy, especially when it comes to your personal belongings and living space.

The legality of the house manager's actions...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Idaho on
Q: I was stopped for going 41 mph in a 35 mph zone and I got surprise K9 searched. I also never went faster than 39 mph.

The cop asked for my license and registration after telling me he stopped me for speeding and that I was driving 41 mph in a 35 mph zone. I knew he was bullshitting and never even hit me with a speed gun because I have a radar. He also asked if he could search my vehicle and asked me a million... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on your description, there are several potential issues with the traffic stop and search:

1. Pretext for the stop: If you were not actually speeding (as your radar indicated), the officer may have used the alleged speeding violation as a pretext to stop you and investigate for drugs....
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0 Answers | Asked in Family Law for Idaho on
Q: I got a phone with my own money when I was 15. My parents took it away i'm 18 now do my parents have to give it back?

When they first found it, they offered to give it back under the condition that they could install a parenting app that would track everything I did and report anything bad. I refused, and they claimed ownership of it. I am 18 now and I spent money on it, so I would like it back, but they are... View More

0 Answers | Asked in Employment Discrimination and Employment Law for Idaho on
Q: I have questions regarding Employment Law for older workers.

I was laid off and received the Older Workers Benefit Protection Act (OWBPA) notice from my employer which stated that "All employees in this decisional unit were selected for displacement". There are only 2 of us who report to this manager. I am 66 and my co-worker is 51. Both of us... View More

0 Answers | Asked in Business Law for Idaho on
Q: Two questions First question is it legally possible to sell more than four vehicles per year In idaho?

Two questions First question is it legally possible to sell more than four vehicles per year In idaho? A grey area or using an LLC? Legally of course Second question what is the fine in post falls idaho for selling a car for profit?

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: I found a house for rent in Idaho for 2000.00. We agreed on Facebook Messenger to rent the place.

Sent 1000.00 3 weeks ago to hold property until they landlord returned to Idaho in April to sign lease. Last night they texted and said they have since received offers for 2500 and would only rent if we agree to the extra 500. Is this legal?

James L. Arrasmith
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answered on Mar 28, 2024

The situation you're describing involves a verbal agreement which, while informal, can be recognized as binding in many jurisdictions. However, the enforceability of such agreements can depend on the specifics of local laws and the evidence available to support the terms agreed upon. In this... View More

0 Answers | Asked in Juvenile Law for Idaho on
Q: Is it legal for an officer to detain my 17 year old daughter for nearly 4 hours without contacting me?

A male officer patted her down with a female officer present. When she asked to call me as soon as she unlocked the phone they took her phone and kept it, going though it without permission. Told her to be honest with them, their body cams were off. So many other things happened that I don’t feel... View More

1 Answer | Asked in Medical Malpractice for Idaho on
Q: reverse shoulder replacement.

I had a reverse shoulder replacement right shoulder and right before surgery they were to give me a nerve block. A tall blond with a young boy They were using a sonogram to find the nerve in my neck. She had the boy pushing the plunger. I kept telling them I did not feel any difference in my arm.... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 20, 2024

What a horrible experience. I am so sorry.

While this may be malpractice, if you are fine now, the harm does not likely warrant a lawsuit.

But, Consult with experienced malpractice attorneys in the state where this occurred.

0 Answers | Asked in Family Law for Idaho on
Q: I just started receiving arrears of child support. My child is 26 years old. Child was emancipated when she was 17. When

When do I need to renew judgment? Before child turns 27 or 28 years old? Right now arrears collected through DSHS of Idaho state.

1 Answer | Asked in Personal Injury for Idaho on
Q: NYC lawyer asst. told long details and sent to lawyer. Then NYC firm said they were sending referral and details to ID

I have not talked to Idaho lawyer, Tpday I received a text telling me to open a hona account. I did and the next screen said next step was to sign document, So is NYC lawyer taking the case rogether with Idaho one? I have not spoken with ID lawyer. Only 2 days since initial call to NYC contact. I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

It isn't fully clear what took place - whether the New York firm is referring the case, or whether both are working in a local counsel arrangement (you ask if both firms are taking the case). It looks more like a referral, but that's only a guess - clarification is needed. These questions... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Can property management verbally modify a 3 day notice?

Property management is trying to evict me under Idaho code section 6-301. However, when I spoke with them on 3/13 and was asked by Napua when was I planning to pay rent, I told her it would be on 3/14 after I got paid. I was under the impression that she was ok with that since all she said was ok... View More

James L. Arrasmith
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answered on Mar 30, 2024

In the context of eviction notices under Idaho Code Section 6-301, verbal modifications to a 3-day notice can present a complex situation. Generally, eviction processes and notices are governed by specific statutes that require certain forms of communication, often in writing, to ensure clarity and... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: In bankruptcy a married couple only one in bankruptcy and the home is being sold can bankruptcy take the proceeds ?

The house is not in the bankruptcy. The one is not in bankruptcy pays for the house . The one is in bankruptcy is only on the title . But pays her monthly payments can they stop the sell of property ? Or take the proceeds ?

James L. Arrasmith
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answered on Mar 16, 2024

In bankruptcy cases where only one spouse has filed for bankruptcy, the impact on jointly owned assets, such as a home, can vary depending on several factors, including state law and the specifics of the bankruptcy filing. If the house is not included in the bankruptcy estate because it is... View More

1 Answer | Asked in Intellectual Property and Identity Theft for Idaho on
Q: Hello - My identity was stolen last month. Also, my son passed away last year with intellectual property in his estate.

My phone number was hacked along with my bank, email account, and many other things. I believe that there is a class action lawsuit in place for this issue. I received a letter from LoanDepot last weekend stating that they had a data breach affecting about 17 million people.

My son passed... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about your son's passing and the difficult situation you're facing with identity theft and potential intellectual property issues. These are complex legal matters that require professional guidance. Here are some steps you can take:

1. Identity Theft:...
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