Get free answers to your Criminal Law legal questions from lawyers in your area.
I have a battery charge from last March. I was sentenced to probation. It took them 6 months to get that sentencing. I am on SSI. I have not been able to keep up with probation, counseling, OT and my house work. I have missed a lot of check ins and drugs tests. And my probation officer put out a PV... View More 
answered on Feb 14, 2021
From your question it seems like you may be disabled? If so, you certainly may ask the court for "alternative sentencing" options, such as "home detention." Usually reserved for those who have some physical reason why jail would be too difficult, home detention typically nets 2... View More
Is it legal for them to post it on Facebook. It technically doesnt show the actual private part but pretty close. Or when i sent it to them thru text was that consent enough.
answered on Jan 15, 2021
Your ex is committing a felony in Idaho, called Video voyeurism.
Idaho Code says:
A person is guilty of video voyeurism when:
(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells... View More
answered on Jan 14, 2021
If a mistake was made by the Court, you may file a Motion to Reconsider. You must not introduce any new evidence but merely point out, usually with a brief, why the Court's decision cannot stand. This motion is always filed to the Court which granted the change of venue, in order to give the... View More
In 2017. According to state law 18-301 these rights should have been restored after my successful probation. a post-conviction restoration of civil rights under State law. In accordance with 18 U.S.C. § 921(a)(20), a conviction does not disqualify an individual from possessing firearms if the... View More
answered on Nov 4, 2020
You don't lose any rights by being forcibly removed from your own home. The frustration you feel is felt by every, single male who is removed and now has to pay for two (2) residences. If you own it outright without your mate's co-ownership, simply sell it out from under her and buy a... View More
answered on Sep 27, 2020
"Deadly weapon" means:
(i) Any dirk, dirk knife, bowie knife, dagger or firearm;
(ii) Any other weapon, device, instrument, material or substance that is designed and manufactured to be readily capable of causing death or serious bodily injury; or
(iii) Any... View More
It was placed on me by a girl friend who resides at the home with her mom.who both take care of the home owned by a mutual friend.mom is 57 girl friend 37.bannock county,
answered on Sep 6, 2020
You're an invited guest. Your "permission" my be fluid, so don't push it. There's no such thing as abolishing permission revoked. It may be given and taken away fluidly. Be careful!
Does his parole officer still have authority to enter the residence and do a search while he is in jail?
answered on Sep 3, 2020
Probation officers are given about 90% of your son's 4th Amendment rights, while he is on probation. If you son had been at home, the P.O. would have been able to come right in, after ringing the door bell of course. They have the right to search his room plus any "common area."... View More
My friend had 3 bench warrants for probation violations. He is in jail and says he is not bailable. Has had couple video hearings but says he does not understand what’s going on.
answered on Aug 31, 2020
It's a governor's prerogative to use his executive powers during a pandemic to manage risk to the citizens he's charged with protecting. It's going to be very interesting to see if the executive's authority exceeds the constitution's guarantee of DUE PROCESS to all... View More
answered on Aug 20, 2020
Idaho doesn't have such a statute. An "assault" is the reasonable fear of a "battery." A "battery" is an "unlawful touching." If you touch another person against their will, you may be charged with "battery." If you use an automobile to... View More
answered on Aug 3, 2020
It's called "Malicious Injury to Property," a violation of Idaho Code Section 18-7001. If the damage is over one-thousand ($1,000) dollars, then it's a felony and punishable by a fine of up to five thousand ($5,000) dollars and/or imprisonment of not more than five (5) years, or both.
Police pulled over a vehicle with 2 individuals, the driver of the vehicles was detained on driving with out a license. A drug dog ran the car 3 times with no hit. The police told the passenger he was free to go, but then asked if they could search the passenger, passenger states a “terry pat”... View More
answered on Jul 28, 2020
Kind of a weird answer for the passenger to give the cop I'd say, but I would definitely file a Motion to Suppress anything found on the passenger since the cop went ahead and denied a
"Terry" pat down and went ahead with a full-blown search without probable cause.
If a passenger is told he is free to go given the key to the vehicle as the driver is under arrest, after a traffic stop, then the officer comes back and asks before the subject leaves if he can search the subject. The subject gives consent to do a “terry pat” (Pat in outside of clothing for... View More
answered on Jul 28, 2020
Hello, make sure you correct me if I summarize the facts wrong. So, the passenger is told by police that he is free to leave because the driver is being detained? The passenger then doesn't leave? Why not? Did the officer run up to the window and say, "hey, I want to search you or... View More
22yr old charged with lewd conduct with minor but I have 16yr old said victim claiming it was her who is at fault she admits to getting Xanax doing with defendant and says she seduced him and wants to and has tried to be accountable for this said act has said she will testify to it in court on his... View More
answered on Jul 18, 2020
You left out thE most important fact: how young is the female?
Him Away without my consent or anything. I have all the papers on him and proof. The person that has him is trying to charge me a fee for taking care of him and stuff. Is there anything I can do?
answered on Jul 16, 2020
You were staying with your grandmother, right? You brought your $3,000 dog with you, right? You did something that caused your grandmother to 86 you, right? But you didn't take your dog. Now grandma is going to feed and water your dog FOR FREE? I don't see that happening. It was... View More
I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... View More
answered on Jul 6, 2020
Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... View More
Can the same evidence be used repeatedly?
answered on Jul 15, 2020
Absolutely! As long as the evidence can point to multiple people it will not be deemed "double jeopardy." Double Jeopardy protects us from being punished twice for the same (or similar) crime (or acquitted). The evidence would have to have a close nexus to more than one defendant... View More
Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... View More
answered on Jul 6, 2020
Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR... View More
The husband spend a total of 3 days in jail the first two he is making phone calls to his wife and they are discussing the situation and what they are going to do on the third day the defendant sees a judge and is released on pretrial but if given a no contact order by the judge on that third day... View More
answered on Jun 21, 2020
This sounds like a situation wherein the actual prosecutor believes he/she’s a witness to an NCO violation, perhaps a jail call (that they listen to). It’s a much trickier charge to get out of since the threat of amending the charge is easier than you’d ever imagine for the State to prove.... 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.
