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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.

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.
Transfer him to a hospital for further evaluation?

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

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
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... View More
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
So my baby daddy is on felony probation & he lives with his girlfriend, and I'm there just hanging out and probation & parlo shows up and they find drugs can they detained me if I don't live there ? This is in Boise Idaho

answered on Oct 27, 2022
Yes, police have a reasonable belief that you at, at a minimum, frequenting a location, where drugs are being used, sold or distributed. So, YES, frequenting is a misdemeanor, criminal charge. Are you interested in going to college? I hope you're wealthy, because a charge of paraphernalia... View More
and your attacker pulled the gun out and pointed it at you first in your own home.

answered on Oct 27, 2022
Murder requires the government to prove that the actor killed another person, intentionally (not while asleep) and did so without being provoked first, and with malice. From your facts, it doesn't seem like any Sr. prosecutor would charge "murder," only to be embarrassed at court... View More

answered on Nov 2, 2022
In Idaho there are now 2 types of "stay away" orders. The first is a NO CONTACT ORDER. There is no way to have one of these against you, unless you've been charged with committing a Domestic Battery charge. In other words, it comes attached with a criminal charge. The other... View More
They said I was suspended for sr22 lapsing. But I have written proof it did not from dmv.

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,... View More

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... View More

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.
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