Then, After checking your license, is it routine to return to your car, inform you that you’re getting a warning and then return to his car to write a warning all the while, he holds on to your driver license so you cannot leave. Isn’t that a double warning? Can they do that?
Reason for... Read more »
I have a mound of proof; I already did the major digging. Had my long-time lawyer mid-way through sueing my past employer (WSU as a state employee) for firing me for having PTSD, which they took a 6k retainer for, but now they are ghosting me. I don't have extra; I have been going Pro Se.... Read more »
answered on Mar 15, 2023
Yes, cops call it an "outside sniff," or words to that effect. The bummer about dogs, is that a LOT of the time now, routine traffic stops are done with a K-9 officer. If you happened to have been stopped within 3-5 minutes prior to a drug dog getting there, probably no Judge would say... Read more »
While driving thru a small town, cops pulled over my car for not dimming high beams. (1 cop car.) Once my license & insurance was checked, shouldn’t that have been the end of it? The cop called in a drug sniffing dog who was cued to stop by his handler. I was watching him do it. My dog was in... Read more »
I have been asked twice by two different judges if my right to a speedy trial have been violated. Both times the prosecution jumps up and says I have waived my rights, and the last time my Idaho public difender jumped up and said it was fine too.
It was 97 degrees out on 07/21/2021, the trooper made me sit on the hood of his car while it was running, for 120 minutes, 2 hours his dash cam has it all on video. I don’t remember anything after 15 or 20, I told them I felt sick, could I have a drink of water. This was police brutality and it... Read more »
I own a school bus and was charged with driving it without changing the color. If I show proof that I've changed the color they'll dismiss but I don't believe I'll be able to do that before my next hearing.
My question is in regards to idaho legislative statute 18-310 (2). My felony is not listed under the list of charges that disqualify you from immediate restoration of 2a rights
answered on Mar 2, 2023
If you have completed your probation, you may be eligible to have your firearm rights restored. However, the process and requirements for restoration of firearm rights vary by state. You should check the laws of your specific state to determine the process and requirements for restoring your... Read more »
I am simply curious as I've heard many different answers to this. I am 73 and disabled. I do however still have the desire to protect my family
If I plead guilty what is the chance that I will only get a fine or fine and unsupervised probation
answered on Jan 26, 2023
Possession with Intent (to sell, distribute) is a felony in Idaho. It carries a maximun sentence of 7 years of prison. If you have NO other crimes in your jacket, then you MIGHT be able to get a probation offer. That also might be contingent on you completing 60-90 days in custody going through... Read more »
answered on Jan 26, 2023
This is a good time to learn about Idaho and the 4th Amendment to the US Constitution. A police officer has been endowed with a limited amount of discretion. He is not required to ticket someone for the "reasonable suspicion" reason that he pulled him over for, but he should if he wants... Read more »
answered on Jan 26, 2023
Yes it means that they couldn't find the individual, but nothing but a line that says, "warrant recalled" will mean that there is no longer a warrant. Good luck to you!
An out of jurisdiction officer while in another county without authorization collected evidence in an unrelated case from which he was initially investigating
answered on Jan 26, 2023
Yes, it will be admissible in court, if the information is not "hearsay," and the prosecutor can lay the proper evidentiary foundation to introduce it. Most cities and surrounding cities, have "compacts" or "agreements" that each can work "temporarily" in... Read more »
I was served with a search warrant for a stolen laptop which I had bought from this person not knowing that it was stolen. During the search they found 26 rifles and apparently 3 were stolen. Again not knowing that they were stolen. I was charged with 26 counts of illegal firearms possession and 4... Read more »
answered on Jan 26, 2023
If you are a felon, you may not possess a firearm, period. Regarding the laptop . . . what kind of computer was it? Did you pay full price for it? Did you pay a fair, used price for it? What questions did you ask the seller before buying it? Did the seller "dump" it for a hundred... Read more »
I am following the Bryan Kohbergers case and a lot of people are curious as to why a co defendant was listed in the discovery but there there is no co defendant ?
I’ve heard it is just how they do the legal discovery could you explain why they list this when there is actually no co defendant ?
answered on Jan 26, 2023
My experience in dealing with prosecution offices is that the first Discovery Responses they send out are akin to a sawed off shotgun approach, they're going to list every, single human being who they talked to or originally thought they might want to talk to. It's kind of like a... Read more »
I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... Read more »
answered on Jan 26, 2023
The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... Read more »
At sentencing, my judge and prosecutor both agreed to allow me to have my charge ammended after I completed probation. I just need to know how to FILE for it. Or what form do I need to file, or how do I get a court date to make this happen. It's idaho code 19-2604. I just need the form/s... Read more »
answered on Jan 2, 2023
Here's one example you might use:
Comes now the Defendant, ________________, In Propria Persona, and hereby moves this Honorable Court to DISMISS the criminal charges against the Defendant, pursuant to Idaho Code 19-2604.
This motion is made and based on the Court and the... Read more »
When I was sentenced my judge told me after probation to come back and see him and he would ammend my charge. Charge is from 2015 I completed probation in 2020. I have called the clerks and they say I have to file something in order to have my case placed on the calender, and also that I have to... Read more »
answered on Jan 2, 2023
In Boise, Idaho, where I practice, it is sometimes necessary for me to call repeatedly the Clerk and ask that she give me a court date. However, it is ALWAYS after I have filed a MOTION FOR DISMISSAL OF CHARGES, pursuant to URCRP Rule 42 for dismissal. Here's a suggestion:
1. Draft... Read more »
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
answered on Jan 2, 2023
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... Read more »
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