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Idaho Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Idaho on
Q: When reliced from prison am I required to abide by the policies that were in effect when I was sentenced or the changed?

Parole was 3 years when I went in and no supervision fee, now its longer and supervision fees

Kevin M Rogers
Kevin M Rogers
answered on Dec 23, 2018

You are subject to the rules in place when you get out of prison or parole. If your JOC did not mention supervision fees, you should ask your Parole Officer if you have to pay fees now. If you disagree with what he/she tells you then you may contact the Court and look at your Judgment of... View More

1 Answer | Asked in Libel & Slander and Criminal Law for Idaho on
Q: I was arrested June of 2017, in return for some charges dropped I agreed to be a confidential informant, I helped arret

7-8 individuals, I testified in court and the local paper put me in as the confidential informant, I left town , had threats , my name smeared in social media, can I sue the newspaper company, cause im struggling, dealing with anxiety

Kevin M Rogers
Kevin M Rogers
answered on Dec 23, 2018

Nope. Your conviction, your testimony etc. are public record. The trial itself is public record. If the newspaper promised you that they would keep your name out of their paper and did not, then you have an action for breach of contract against the newspaper. Did social media publish anything... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: I am in need of some advice. I pled voluntarily guilty to petit theft.

I was sentenced to 1 years unsupervied probation, 60 days in jail with 56 suspended and the other 4 all options. I chose to do the SLD program and had a knee injury so i didnt go to the program however i had doctors notes and still do. I was instructed to contact the prosecuting agency for ada... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 4, 2018

Hello Arourah,

Before a warrant comes out you should call me and see if I can get the prosecutor to give you one more opportunity to sign up for "alternative sentencing." But you REALLY need to hurry. Otherwise there will be a warrant coming and then the only option will be to...
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1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Idaho on
Q: In Idaho can a defendant withdraw a guilty plea after signing court documents but has yet to be formally sentenced?

I am currently serving a 4 year prison term for Calif but requested extradition to Idaho for sentencing on additional charges under the Interstate Agreement on Detainers Act. After hiring my present attorney and being advised to waive the preliminary hearing to allow her extra time (3 weeks) to... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 23, 2018

RULE 1.3: DILIGENCE

A lawyer shall act with reasonable diligence and promptness in

representing a client.

Commentary

[1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever...
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1 Answer | Asked in Criminal Law for Idaho on
Q: Used a stolen credit card unknowingly by friend who lied about the card?

Never been in trouble other than no car insurance and driving without privilege.

Kevin M Rogers
Kevin M Rogers
answered on Nov 13, 2018

How can you use a credit card "unknowingly?" Let's say your name is Robert. If you used a credit card given you by a friend named John and the name on the card is Bill, how is it that you felt justified in using the card that: 1. you didn't get Bill's permission to use... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: son who just turned 18 bought some nicotine packets for a classmate who was underage ,charged with a misdeameanor,

do we need a lawyer? he has had a clean record andis straight a student who made a mistake.

Gary Kollin
Gary Kollin
answered on Oct 31, 2018

If you feel you have the legal skills to do the best for him then in your mind you should not spend the money and instead wing it.

However, if you were in that situation, money would not be an issue and you would hire a lawyer for yourself.

1 Answer | Asked in Criminal Law for Idaho on
Q: Can you obtain the evidence that was against that got you convicted back in 2003 somehow?? How would I go about doing so
Kevin M Rogers
Kevin M Rogers
answered on Oct 16, 2018

You’ll need to go to the courthouse and ask them if they have electronic records that go back that far or not. If they do all you’ll need to do is make the request. If their electronic records don’t go back that far then they probably have an off/site that they’ll give you directions on... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Can I press charges for my ex choking me if I don’t have any pictures but do have his confession on text?
Kevin M Rogers
Kevin M Rogers
answered on Oct 8, 2018

Of course you can. That is, if the officer you reported this to takes your report and immediately forwards this to the Asst. DA. Photos are only one part of a criminal prosecution. But without photos it will be much more difficult to obtain a conviction. Why didn’t you get any photographs?

1 Answer | Asked in Criminal Law for Idaho on
Q: I ran for 2 years from my stuff but I turned my self in.

I have a job for a year and I lived at the same place for a 2 years I've been clean I have my kids back. I went to the public defender and he said the prosecutor wants to put me on a 6 month rider. Do you think the judge will or let me get a interstate compact to go back where I am doing good.

Kevin M Rogers
Kevin M Rogers
answered on Oct 8, 2018

If you were on felony probation, where one of the first promises you made was to obey all laws, and you ran away, absconded for 2 years, how would it be unfair of the court to convert your probation to a Rider? How does what you have been doing since you came back, atone for the running you did... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Living with parents, kick me out. Wouldn't give me my stuff. I broke in, took 4wheeler and stuff. Did I break the law?

I took the 4wheeler to carry my stuff, had key in it. Tried to give it back.

Kevin M Rogers
Kevin M Rogers
answered on Oct 2, 2018

Yes you broke the law and could be prosecuted for grand theft and burglary. The minute you moved out you lost the opportunity to “use” things belonging to your folks. Your parents may be uninterested in receiving the 4-wheeler back because they have already spoken to the police and don’t know... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Idaho on
Q: I need to help my 22 yr old son file a rule 35 by October 23rd and cannot find the forms or which ones to use and how

In idaho we just want sentence modification

Kevin M Rogers
Kevin M Rogers
answered on Oct 15, 2018

Your son's name

Address & Phone Number

IN THE DISTRICT COURT FOR THE FOURTH JUDICIAL DISTRICT

FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ________

STATE OF IDAHO, ) Case No. ________________

)

Plaintiff, )...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Idaho on
Q: I told the cops my husband threw something into my room I remember he wasn't in the room when it happened. What do I do

I told cops my husband hit me in the head with something but when i remembered what really happened was Something fell off the shelf I remember now that my husband wasn't even downstairs where I was he went to jail and now is facing battery domestic violence charges. How do I go in and tell... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 10, 2018

You are obligated NOT to commit perjury and it’s not the judge your need to tell it’s the prosecutor so that she can dismiss charges against your husband.

1 Answer | Asked in Criminal Law and Wrongful Death for Idaho on
Q: 3 kids home alone all under 7 yrs. old, Only 1 child survived. No charges were filed. 1yr later the survivor tells her

therapist that brother started fire and the mom was not home. Is the therapist mandated to report the incident?

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

Not generally--it's a likelihood of imminent harm that triggers it. Unless the survivor is a minor and is at risk, I don't see it and at this point you know and you may report it if the survivor is still a minor.

1 Answer | Asked in Criminal Law for Idaho on
Q: Does Idaho follow meritime laws or laws of the republic?
John Bulger
John Bulger
answered on Aug 21, 2018

Idaho follows the laws promulgated by its legislature. If you are hoping to challenge a court’s jurisdiction over you premised on maritime or other laws, you will be wasting your time.

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

My idea for a nonprofit allows victims/survivors regarding an alleged sexual crime to enter information online into a database (database is not available for public access). If a second (or more) survivor submits an alleged sexual crime and the information matches that of of another alleged... View More

Michael Hales
Michael Hales
answered on Aug 3, 2018

There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

1 Answer | Asked in Criminal Law and Federal Crimes for Idaho on
Q: i have been charged with delivery of a controlled substance but but there is no physical evidence.

have been indicted on 2 counts of delivery of controlled sub

Gary Kollin
Gary Kollin
answered on Jul 12, 2018

Obviously the prosecutor disagrees.

Time toaster up

1 Answer | Asked in Criminal Law for Idaho on
Q: Should I obtain a lawyer in Ca. or Idaho ?

My brother has embezzled over $130,000 from our mother's trust, over a 4-5 year period. He WAS the Trustee, and worked as a financial advisor, I am the beneficiary. He has since revoked his trusteeship, and I have the POA . He has been arrested in Chino, Ca. (re-file pending, needing more... View More

Mark R Petersen
Mark R Petersen
answered on Jul 30, 2018

If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.

Determination of...
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1 Answer | Asked in Criminal Law for Idaho on
Q: Store got license plate after I shoplifted.now cops r at door. Should I answer?

No employees stopped me, but they may have gotten my license plate number. And about an hour after the shoplifting occured, 2 cops came and knocked on my door. I didn't answer. So what will happen now??

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2018

It depends. Do you want to be arrested or summoned? I realize that your question was asked 3 weeks ago and that whatever happened happened, but perhaps for the benefit of others, let me tell you that MOST of the time when someone is cited and/or arrested for shoplifting, the police officer... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: I need help on my husband's 3 felony charges in 2 different counties by same officer. But I've seen so many faults and

Mess ups to many to list. they want to give my husband life basically can anyone help me

Kevin M Rogers
Kevin M Rogers
answered on May 24, 2018

I am available for consultation. Please call me. 208-805-9880

1 Answer | Asked in Criminal Law and Federal Crimes for Idaho on
Q: My son has 2 criminal complaints filed against him but neither the court or sheriff dept will disclose any info. Why?

My son has 3 untried criminal cases in Boise, Idaho. He is currently incarcerated in a California prison. I discovered he has 2 new criminal complaints filed that I have inquired about with the County Clerk, the Sheriff Dept and Police Dept as to what charges are being made against him in these 2... View More

Kevin M Rogers
Kevin M Rogers
answered on May 15, 2018

In Idaho and a growing number of jurisdictions, the courts have changed systems to the new, so called "icourt" system. If actual charges have been filed then there will be generated a case number. Once the case number has been assigned you should be able to look up your son's case... View More

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