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 »
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...Read more »
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 »
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...Read more »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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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