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Idaho Criminal Law Questions & Answers
0 Answers | Asked in Civil Rights and Criminal Law for Idaho on
Q: Is it common practice for police to run your driver license…

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 »

0 Answers | Asked in Consumer Law, Criminal Law, Contracts and Real Estate Law for Idaho on
Q: Have fraud trustee sale needing stopped. Everyone tells me there are conflicts of interest with me. What can I do?

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 »

1 Answer | Asked in Criminal Law for Idaho on
Q: Is it legal to have drug dogs for a simple traffic stop
Kevin M Rogers
Kevin M Rogers
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 »

0 Answers | Asked in Criminal Law and Animal / Dog Law for Idaho on
Q: If a vehicle gets pulled over for not dimming their high beams, does that stop warrant a drug dog to be called in?

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 »

0 Answers | Asked in Criminal Law and Personal Injury for Idaho on
Q: When is it considered excessive to continue with prosecution, because of to much time, money and loss of work.

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.

0 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for Idaho on
Q: They were convinced I was someone else, they said from the time of stop to booked in was 34 min but have video of120 min

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 »

0 Answers | Asked in Criminal Law for Idaho on
Q: Can I use ignorance of the law for an Idaho traffic law regarding changing a sold School bus color.

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.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: How could i go about finding out if my 2nd amendment rights have been restored or not? I completed my probation 4/02/21

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

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
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 »

0 Answers | Asked in Criminal Law and Personal Injury for Idaho on
Q: Does 19-202A really allow me to protect my family with deadly if I genuinely fear for my or my wife's life at home?

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

1 Answer | Asked in Criminal Law for Idaho on
Q: I got a possession of paraphernalia with intent to use charge in kootenai county

If I plead guilty what is the chance that I will only get a fine or fine and unsupervised probation

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Idaho on
Q: If I got pulled over in idaho for speeding but never got ticket for speeding but got poss of paraphernalia is that legal
Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Criminal Law for Idaho on
Q: What does it mean if someone public online record shows “warrant returned-no service”do they still have a active one?
Kevin M Rogers
Kevin M Rogers
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!

1 Answer | Asked in Criminal Law for Idaho on
Q: Is evideñce collected by an out of jurisdiction officer admissable in an Idaho court

An out of jurisdiction officer while in another county without authorization collected evidence in an unrelated case from which he was initially investigating

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Criminal Law for Idaho on
Q: I'm a felon from 25 years ago for drug possession.

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 »

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Criminal Law for Idaho on
Q: Why would co defendant be in a discovery but there is no co defendant in the case ?

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 ?

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Civil Litigation for Idaho on
Q: Police harassment file a civil lawsuit and sue for damages

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 »

Kevin M Rogers
Kevin M Rogers
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 »

2 Answers | Asked in Criminal Law for Idaho on
Q: How do I file a motion or application to get an ammendment of judgement under idaho code 19-2604.

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 »

Kevin M Rogers
Kevin M Rogers
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...
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1 Answer | Asked in Criminal Law for Idaho on
Q: What do I need to file with the courts, in order to have my case placed on the judges calendar for a sentence reduction?

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 »

Kevin M Rogers
Kevin M Rogers
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...
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1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
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

Kevin M Rogers
Kevin M Rogers
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...
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