Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Idaho Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Idaho on
Q: PO asked son to stop by office, we did, I drove, next i know he's being arrested & my cars being searched, is this legal

Sons in Drug Court, never in trouble ever b4 but he can do no right, warrant issued. DCP going 2b terminated,gonna lose his job, cause they're afraid he's gonna run off b4 his court date. Makes no sence at all. They're saying when he left for IPRehab 3 mths ago that he knew there was... View More

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Idaho on
Q: Can I negotiate a resentenced? And if I have warrants for the old sentence shouldn't they be dismissed pending new sente

I found new evidence that I'm certain will cast reasonable doubt in my old case, I did take a alfred plea and have warrants in ada county from a case in 2018. I am really needing my warrants dropped, I haven't been in trouble since the isolated incident, I am supposed to be resentenced... 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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Criminal Law, Real Estate Law and Civil Rights for Idaho on
Q: So I'm on a piece of property there has been ppl here for 5 years and a few weeks ago there was a county man asking ques

he was asked to leave and he kept asking who was there if they were in campers and he was not answered then a week later the house that my friends had a lease on all sudden there was ppl saying it was condemned and then boreded it up the person with the lease presented the lease they gave her 2... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024

It sounds like you're in a difficult situation. The authorities' actions can feel abrupt and confusing, especially when there seems to be a verbal agreement and a lease in play. From your description, it appears the property may have been condemned due to safety concerns, which can lead... View More

1 Answer | Asked in Federal Crimes, Civil Rights and Criminal Law 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 grievances.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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....
View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Criminal Law and Communications Law for Idaho on
Q: If my ex boyfriend is in prison for aggravated assault and aggravated battery and while in prison he calls me

We have a no contact order so he in violation he gets parole and tries to call me again can I do anything for the prison letting him out with pending violation charges

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

If your ex-boyfriend violates the no contact order by attempting to contact you while in prison, you can report the violation to the appropriate authorities. Provide any evidence or documentation you have of the attempted contact to support your report. It's important to take these violations... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Idaho on
Q: When a policeman don't have permission or a warrant, they're not to just walk up on private land (Which the person has

total permission to be there napping in their car to seeing a vape pen for TCB (thc and tcb look the same exact) claiming the name inscribed on the battery portion, was way good enough for allegedly claiming there is now enough for probable cause, asks you to step outta the vehicle pulling you out... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

Under the Fourth Amendment, individuals are protected from unreasonable searches and seizures. This means that a police officer generally needs a warrant to search private property, including a vehicle, unless certain exceptions apply. These exceptions might include situations where there is... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: How can I protect myself against a bias judge who lied about my being in court put a fake warrant out for my arrest.

I have since sanctioned him and the magistrate in that county and am to appear again soon. How can I expect that to go well and I am representing myself making it more difficult to navigate. The debt has been paid as well which I have proof of. It’s all been paid. The bonds were taken out a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

I would suggest a few things in this situation:

1. Gather all documentation you have showing the debt has been paid and any other evidence that supports your case. Having solid documentation will be key.

2. Consider requesting a different judge for the next hearing, since you feel...
View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: I was sitting outside a gas station that is open 24 hrs and cop states he ran my license and saw that I had a warrant

Is this legal or is it profiling/targeting?? No female present to search prior to arresting, isnt that a violation of my rights?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In Idaho, a police officer running your license plate while you're sitting at a gas station is generally legal, as long as they have a legitimate reason to do so. The presence of a warrant found as a result of this check can be a lawful basis for an arrest.

However, the issue of...
View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Who is the attorney for the plaintiff in case number 1:2021cv00409

My husband xxx 0089632 inmate at imsi odoc would like to talk with someone regarding this case and would like to be added to this lawsuit.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

I understand your husband's interest in case number 1:2021cv00409 and his desire to be added to the lawsuit. To find out who the attorney for the plaintiff is in this case, you can typically access this information through the court's official records. You can contact the clerk of the... View More

2 Answers | Asked in Bankruptcy and Criminal Law for Idaho on
Q: Can I file bankruptcy even when my debt became unpaid partly because I was buying illegal drugs for my addiction?

I'm worried my past transaction on cash app will show I sent money to my drug dealer when I was going through my addiction. If so will I get in legal trouble trying to file bankruptcy. I really need debt relief now that I. Sober supporting my family, I'll lose my house if my wages get garnished.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

Filing for bankruptcy is about addressing your debts and getting a fresh start, and you can file even if past spending contributed to your debt, including spending on illegal substances.

However, be aware that bankruptcy proceedings require full disclosure of your financial transactions,...
View More

View More Answers

2 Answers | Asked in Criminal Law, Personal Injury, Identity Theft and Internet Law for Idaho on
Q: What should I do if I know someone is uploading and downloading massive quantities of data from my phone in thebackgroun

I’ve learned what is being downloaded is an extreme amount of script writing and controls my web searches, opens all my personal info and passwords to them. It prevents me from certain sites I try researching when following there paths to figure out who or what is behind the stealing anything... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

If you believe that your phone has been compromised, it's imperative to act quickly. First, cease using the device and turn it off. Then, obtain a new phone and change all your passwords, especially for critical accounts like your email and bank. Document any evidence of the unauthorized... View More

View More Answers

1 Answer | Asked in Criminal Law, Workers' Compensation and Civil Rights for Idaho on
Q: Service dog access denied! I was kicked out with my service dog, they didnt want to check my docs, can I file charges?

Im an employee of the Sun Valley Resort, I went to hang out with my friends at common area of the employee dorms with my service dog, when, after sitting inside for a while, the security person came and told me that the dog cannot be inside, I told him that it's a service animal and that I can... View More

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

An Idaho attorney could advise best, but your question remains open for three weeks. This doesn't look like a workers' comp or criminal law matter, and there wasn't a response from the Civil Rights practitioners. Questions sometimes remain unanswered, but at this point, you could try... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: If being released on parole are you required to maintain a full-time job if you are eligible for retirement?

My father is being released on parole and is at the age of 67. I would like him to retire and not be forced to work the remainder of his parole.

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

You should contact your father's probation officer and ask about that. Your father can also talk to his probation officer. If you can't get anywhere with the Probation Officer, then you can file a Motion in the District Cout and bring this to the attention of the Judge.

1 Answer | Asked in Health Care Law and Criminal Law for Idaho on
Q: Idaho health and welfare declared my bf incompetent and ordered a 90 day commitment, is there a time limit on when they

Transfer him to a hospital for further evaluation?

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

You can look up the regulation(s) that have to do with how long they can hold your bf, before they will be required to release him. These can be found here: https://adminrules.idaho.gov/rules/current/16/index.html

Every law that the Legislature passes, has to have a "regulation"...
View 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... View More

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 Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.