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Idaho Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Civil Rights and Libel & Slander for Idaho on
Q: Is there a warrant to put a tracking device on your vehicle on hear say?

Would a judge sign a warrant to place a tracker on a person’s vehicle on hear say affidavit of convicted person to lessen their conviction?

1 Answer | Asked in Criminal Law for Idaho on
Q: arrested for DWP and then car searched and drugs found, but have proof that license was valid. Will all charges be drop

They said I was suspended for sr22 lapsing. But I have written proof it did not from dmv.

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

In order for a policeman to pull you out of traffic, the cop must have a valid, articulable suspicion that you are, have been, or are about to commit a crime, even a traffic offense. So, if we judge the cop's actions in pulling you over, we must look at the information he/she had about you,... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: If a judge does not go along with the plea agreement can you withdraw your plea?
Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

There is an Idaho Criminal Rule 11. It says:

Notice of Plea Agreement. If a plea agreement is reached by the parties, the court must, on the record, require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the...
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1 Answer | Asked in Criminal Law for Idaho on
Q: Can I hunt with a Bow in the state of Idaho while I'm on probation. I'm on probation for embezzlement.
Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

Yes. While you're on probation, you may not possess a "weapon," but I believe the Legislature was referring to guns, not bows.

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: i was recently pulled over for "speeding" by a state officer, and i said I do not consent to a search, yet he does....

He searches my car, on a hunch he says, even though the stop was for speeding, he finds nothing in my car. The passenger was searched after that, and then booked into jail on a drug possession charge.

I was never ticketed even though the officer pulled me over for "speeding", and... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

Police have the right to pull you over, if they get information from Dispatch or their CAD system, telling them that you are suspended or not licensed or if they see (or say they see) you commit a traffic infraction. I file Motions to Suppress, whenever I see a report and the cop SAYS he saw a... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Idaho on
Q: If you pass the field sobriety and breath tests can an officer push for a forced draw?

blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.

Idaho also as adopted a .08 level of alcohol so as...
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1 Answer | Asked in Consumer Law and Criminal Law for Idaho on
Q: Is it illegal for a 19 year old to drink nonalcoholic beers or drinks?

I live in Nampa, Idaho and I know that some nonalcoholic drinks are treated the same as alcoholic drinks, so if someone is not able to prove they're 21 and older then they'll be refused of service. So my main question is, is it illegal for a young adult below the legal drinking age to... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jul 25, 2022

Of course. If you substitute the words "non-alcoholic beverages" for "water," the answer would make more sense. Idaho law prohibits those under twenty-one (21) from consuming alcohol. So, what I think you might be talking about is if you were stopped by police or they... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Idaho on
Q: my husband in in jail for two days and will be brought to the court tomorrow. He has got dimentia or some disfunction

He won't get help and I fear for my life. Can we file something with his mental and start divorce? He wants to hurt me after 55 years of caring for him and it has come to this. I am truly scared of him. What are my rights?

Kevin M Rogers
Kevin M Rogers
answered on Mar 20, 2022

Idaho Code allows a Petitioner to seek out a Civil Protection Order. All you need to do is go into the Clerk's Office and ask for Civil Protection papers, and the Clerk will give them to you. They might even have a "Court Assistance Office" to help you fill out the papers. Once... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: What do u do if the person gave u their card and pin number and gave permission and is now charging u
Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

This is a question for the jury - what "permission" was reasonable to believe this generous person gave you. If the "giver" is believed, then the jury will probably convict you of theft. If you are believed, and the jury believes that the giver actually gave you permission to... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Idaho on
Q: Someone handed a police officer possession of drug paraphernalia and said it was mine. Is that legal?

The cop asked to search my car, I said no my dad just did for 30 mins and found nothing. My mom pulls up along with my ex husband. Cop is off to the side talking to ex & magically my mom pulls out paraphernalia "from my car" in 10 seconds and starts going crazy. Ex says "Its my... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

First of all, if you would use a few commas, and periods, in your question, if would be much easier to decipher what you're asking. However, let me see if I can restate what your question is: you were pulled over, while driving your father's vehicle? Officer asks your permission to... Read more »

1 Answer | Asked in Real Estate Law and Criminal Law for Idaho on
Q: Is my real estate brokerage sueing me?

How can i tell if my realtor/brokerage i was using is going after me? I have signed termination papers, a few months ago. And now they are bringing stuff up into my personal life as if they are coming after me.

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Okay, correct me if my recitation of facts is incorrect: you worked for a realtor? You quit, a few months ago? They are "coming after you," for something? And, they are using facts from your personal life to "come after you?" If these facts are correct, then this is my... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: What does a officer mean by not enough substantial evidence but still has to write a report? Could it be dismissed?

My sister hit my husband in eye with a box so he asked for an apology she rolled her eyes at him so he took the box and lightly tapped her on the head. Now she went to hospital claims she has a concussion and is overly dramatizing the whole thing. She is playing victim and the officer asked our... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

When family fights happen, the responding officer has to be a "fact finder" in the field. His agency might have a regulation he has to follow, to "write a report on every domestic call." That may be why he told you that he is going to "write a report." His... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Banking and White Collar Crime for Idaho on
Q: If someone shows you a fake bank document, but dont use it for anything, is it still illegal?

Someone showed me a fake bank document, but are not using it.

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

What kind of "bank document" did he/she show you? If it was a bankcard and was used to access the money in the bank under the person's name, then it is ILLEGAL and prosecutable. If it was someone else's bank statement, it is called FRAUD, if it was utilized to obtain a loan.... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: I need someone to read my character reference to the judge and see if it's ok

Character reference

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

I don't understand what your question is? Please correct me if I am mistaken: you drafted a Character Letter to the Court, but didn't proofread it before sending it and now you would like to get it back to see if it's okay? OR, perhaps your question is: you drafted a character... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Can information from a case that was dismissed in 2015 be used for as a basis for probable cause in a new case in 2021?
Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

Yes. Because, just because a case was dismissed a long time ago, doesn't' mean that the information or some of the information in it, isn't still valid today. It is a good question though but before you could challenge the information being used, you need to know exactly what... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Does a conflict of interest exist if a prosecutor is related to the "victims" in a criminal case.

The prosecutor Anson Call in Power County Idaho was related to the "victims" of a burglary case. He was also related to a jury member who became the foreman. Niether relationship was disclosed before or during trial.

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

Conflict of Interest is a serious problem in small counties. The Idaho Rules of Professional Conduct are often consulted by these prosecutors prior to initiating prosecutions, but sometimes it is "overlooked" due to practical considerations, such as money or lack of money to conflict the... Read more »

2 Answers | Asked in Criminal Law for Idaho on
Q: How can I get a discovery packet in Idaho before hiring a lawyer? This is for my fiancé, I am not listed on the case.

He has already been sentenced and is serving his time. We are trying for a post conviction, but lawyers don't seem to want to look at the case without this. The lawyer who represented him won't give us the full discovery packet. I contacted the clerk in the county he was prosecuted, they... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 11, 2022

Part of the problem is that you're not the attorney of record nor the Defendant. I have no idea what the nature of the crime was, but discovery packet could include police reports, body cam, dash cam, witness statements, and minute entries from the court. The arresting agency may provide... Read more »

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