Get free answers to your Criminal Law legal questions from lawyers in your area.
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... View More 
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... View More
Someone showed me a fake bank document, but are not using it.
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.... View More
Character reference
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... View More
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... View 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.
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... View 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... View More
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... View More
I'm a commercial truck driver I was trucking thru idaho I stopped and took my 10 hour break at the Walmart in Nampa idaho. I arrived at 1200pm noon I was asleep when I was awaken by a Nampa police officer shining a flash light in my window .he said he was there because of a 911 call a truck... View More
answered on Feb 9, 2022
Foul! Unless he can articulate what crime he believed was committed and the probable cause he had to believe that you were thE person that committed that crime, he has NO business searching your truck without a warrant. Unless he can get your permission to search, he must get a warrant. I... View More
My bench Warrant is for non compliance with pretrial services, after missing only one test due to being evicted because of my charge. I called iñ everyday, and missed one test. The probation officer (I'm not on probation) came to my house and forced my mother to UA me. Then filed a bench... View More
answered on Oct 5, 2021
Its probably too late to answer this question? Did you get arrested? That is pretty typical, especially if you've been on Pre-Trial Release for a drug offense. Just be positive and, if this is your first PV, hopefully the District Court will agree to reinstate you on felony probation. Trick... View More
i filed a police report against my ex because she kicked me in the head & the state is pressing domestic battery charges against her. she has pre trial in 3 weeks & online in the court repository it said “notice of defense of alibi” does that mean she’s going to say she was never with... View More
answered on Oct 5, 2021
You have the right to hire an attorney, if you want to? You are the State's witness and a "victim" pursuant to the Victim's Rights Statute in Idaho. Under that law, you have the right to meaningful notice of how they're handling this prosecution. Be patient, and... View More
You will have to hear the whole situation just to be able to answer this question. But the base is my oldest screamed rape just so she don't have to move. There is a witness to her even stating that is the only reason why she said what she said. The cops even arrested him and forced him to... View More
answered on Oct 5, 2021
Are you writing as the child's mother? I got a little confused when you mentioned "him." In my book, there is NOTHING worse than an adult male abusing an underage female, period. That is, except a female who would manufacture a charge as serious, as heinous and hideous as lewd... View More
I got pulled over driving with suspended
Police ran a drug dog and it hit on passenger said, they searched and nothing (known ex dealer) I had both my babies in car . They then took me to jail and book and release only to return to my car and no phone, no idea what was taken, no clue they... View More
answered on Oct 1, 2021
Police can legally hold "evidence of a crime," for a long as it takes for them to prosecute the passenger and convict him AND for his appeal time (42 days) to run. After that, it should just take a phone call to the Sheriff's Property Locker, for you to retrieve your phone. Be... View More
He was involved in a car accident where there was a fatality and he was charged with vehicular manslaughter. he is currently in IDOCI Orofino and we have filed an appeal and everytime that I or someone else puts money on his commissary restitution is taken out 20% of the amount submitted. my... View More
answered on Oct 1, 2021
Your question has a couple of issues:
1. Restitution being taken out of his commissary money. This is probably per statute, so there is nothing that you can do about it. Your husband will get out some day and will hopefully have a little, less, restitution that he has to pay, because... View More
I got pulled over with my ex almost two years ago when we got stopped the cops found methamphetamines in the vehicle which was owned and driven by him. He told the cops everything in the car was mine. I've taken it to trial and have trial in a month. My attorney is now wanting me sign a... View More
answered on Oct 1, 2021
It doesn't matter if you sign the Waiver of Speedy Trial or not. The Idaho Supreme Court has just issued a new Order which says that NO JURY TRIAL SHALL COMMENCE UNTIL DECEMBER, 2021, anyway. So, if you do sign it, your trial will probably be held in April. If you don't sign it, your... View More
is there a form i need to fill out to get it done? i want to get the SR22 off my record
answered on Jul 30, 2021
All you need to do is have your lawyer file a Motion to Dismiss your WHJ! Easy sneezy! Great job!
answered on Jul 20, 2021
Your daughter's juvenile, criminal history is sealed; that is, unless she EVER gets in trouble after she turns 18. If she never gets in trouble no one will ever know about it. However, if she ever gets arrested after turning 18, all of her juvy records will be exposed by the prosecutors, who... View More
Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtain a search warrant? Can a police officer just tell a judge that he believes illegal activity is going on at so and so's residence with no basis or evidence for probable cause?
answered on Jun 18, 2021
Yes you have the absolute right to know exactly what the police had given the judge before asking the judge to issue a search warrant. Your lawyer will make a Request for Discovery to the State. The State will send your lawyer the Affidavit of Probable Cause, which was typed up and given to the... View More
Does it fall under the same regulations of "concealment" as other weapons? Such an item normally used for defense. Will one be prosecuted for having it concealed even though no license laws exist for such an item?
answered on Jun 3, 2021
MRS 45-8-315, defines a "Concealed weapon" as a "means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon."
Other Montana Revised Statutes define "weapon" depending on your age and... View More
37-2707. (g) Immediate precursors.
Except that any combination or compound containing ephedrine,or any of its salts and isomers,or phenylpropanolamine or its salts and isomers,or pseudoephedrine,or any of its salts and isomers which is prepared for dis-pensing or over-the-counter... View More
answered on Jun 3, 2021
Yes. Sudafed is a controlled substance, following the Idaho Legislature's "knee jerk" reaction to the methamphetamine deluge of the 90's. Idaho Code 37-3303 says:
It shall be unlawful for any retailer to knowingly sell, transfer or otherwise furnish in a single day a... View More
Also was made to urinate in public after I told officer it made me uncomfortable then he watched me pee after he’d already searched me but said it was to make sure I didn’t try to get rid of anything.
answered on Jun 3, 2021
Hi, I'm sure someone else will probably ask you to clarify your question, but let me first ask you to ask it more clearly please? IF I understand your question, you said that you were arrested? For what were you arrested? In a car? Park? While walking?
Second question:... View More
Next morning I called police to say I lied, they came out, listened & spoke to him on phone, said they wanted to confirm what I said. Told him he could come get some clothes, then they arrested him. I went & spoke to prosecutors & detectives, I am willing to go to jail, I lied & I... View More
answered on Mar 9, 2021
You can do an Affidavit telling the truth about the lie you told. Sign your name and above your name, write these words:
"I certify (or declare) under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct."
Mail this to the... 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.
