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Idaho Federal Crimes Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Idaho on
Q: 2024 United States v. Duarte ruled 2 to 1 stating federal law is unconstitutional. My rights are restored can bear arms

I’m a non violent convicted felon in Idaho but the states constitution explicitly states felons are to not possess a guns is this unconstitutional?

James L. Arrasmith
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answered on Sep 19, 2024

The recent ruling in United States v. Duarte has brought attention to federal gun laws and the constitutionality of certain restrictions. Since your rights have been restored on the federal level, you might believe this ruling would apply to your situation. However, states can still have their own... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Federal Crimes for Idaho on
Q: Experiencing extreme retaliation for exposing fraud on a Judge. I've been a prisoner in my home for over 200 days

Myself & family have been targeted by an organized crime ring by our county. The retaliation has been ongoing for over 200 days and haven't been able to leave my home. I was told "These officials have money to make people like you disappear" These officials include the sheriff, 1... View More

James L. Arrasmith
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answered on Jun 3, 2024

It's deeply troubling to hear about the harassment and threats you and your family are facing. In situations like this, gathering and organizing all your evidence, including videos, documents, and witness statements, is crucial. Make sure everything is documented clearly and stored securely.... View More

1 Answer | Asked in Federal Crimes, Civil Rights and Criminal Law for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of grievances.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Idaho on
Q: Is this Sudafed a controlled substance according to Idaho statute?

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

Kevin M Rogers
Kevin M Rogers
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...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Idaho on
Q: Gun rights and other rights for convicted felons. I was convicted of a felony dui in 2011. I was released from probation

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

Kevin M Rogers
Kevin M Rogers
answered on Dec 16, 2020

I completely agree.

1 Answer | Asked in Estate Planning, Banking, Federal Crimes and Identity Theft for Idaho on
Q: Ex sterling my trust

What can I do to stop her not as fast as computer

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2019

Report the theft to the appropriate authorities.

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 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 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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