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Idaho Questions & Answers
1 Answer | Asked in Libel & Slander for Idaho on
Q: I have an ex who discovered a personal situation I’m in. I have a minor std. and he posted it all over his social media.

He’s telling hundreds of people and it’s causing immense amounts of chaos. I’ve tried speaking to him and his friends about just Atleast taking the posts down. He refuses. I’ve also reported his accounts. Is there anything I can do?

Kevin M Rogers
Kevin M Rogers
answered on Jul 26, 2022

There are recognized, "bad stuff" you can tell about another person, and have hell to pay for doing so; disparaging a female's "chaste character" is actionable (our society still imputes chastity to females) as liable, broadly defined as both spoken "slander," or... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: My grandson's Allstar little league coach rarely played 3 Allstars in Cal Ripken baseball tournaments over the summer.

We spent several thousand dollars for equipment, gas, motel reservations, food, etc. over the summer to see these kids sit on the bench on an Allstar team that required tryouts. The coach also told fans where they could or couldn't sit and stand to watch the games. Because I had a run in with... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 26, 2022

A "case" for what? Not playing your grandson? Nope. The coach has "discretion" to play anyone he wants. The "remedy" you have is social media and hope the "powers that be" don't hire him next season. Sorry there's not more you can do. It sucks, I know.

1 Answer | Asked in Consumer Law and Criminal Law for Idaho on
Q: Is it illegal for a 19 year old to drink nonalcoholic beers or drinks?

I live in Nampa, Idaho and I know that some nonalcoholic drinks are treated the same as alcoholic drinks, so if someone is not able to prove they're 21 and older then they'll be refused of service. So my main question is, is it illegal for a young adult below the legal drinking age to... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 25, 2022

Of course. If you substitute the words "non-alcoholic beverages" for "water," the answer would make more sense. Idaho law prohibits those under twenty-one (21) from consuming alcohol. So, what I think you might be talking about is if you were stopped by police or they... View More

1 Answer | Asked in Immigration Law and Education Law for Idaho on
Q: I attend barber school with out a legal status in the US , but now that i finished I can't get my license cause of it

But the only reason I attend barber school was cause the school were the ones that told me I didn't need a legal status that w just my ITIN I could get my barbers license but once I finished school and submitted my application to the state for the license they said I needed so type of permit... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Jul 11, 2022

I don't know much about barber school and barber licenses, but it is very possible that the school requires different credentials from the agency that issues the licenses. In other words, your immigration status or lack of status might have not been an obstacle to the school, but it still an... View More

1 Answer | Asked in Copyright and Construction Law for Idaho on
Q: We contracted with a developer to design spec homes for their development which they would build. Not doing so

Developer is having financial issues and has begun selling our drawings to buyers of their lots and allowing them to bring in their own construction company to build house. This was not our agreement. We have no control over the construction phase using our drawings which may or may not be latest... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 15, 2022

Check your contract. Depending on your payment, you may have released your rights to the other company.

You may have the right to contract independently with the home owners.

Consult with an attorney.

1 Answer | Asked in Products Liability and Business Law for Idaho on
Q: Do we have to have general liability insurance for our go karts or can we just have customers sign waivers?
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

An Idaho attorney could advise best, but your question remains open for two weeks. Until you're able to arrange a meaningful consult with a local attorney, it's worth noting that nationwide, liability waivers are not a substitute for insurance. They can have limitations. You could... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: Does a 309a form include full ssn to ex spouse when filing bankruptcy?
Timothy Denison
Timothy Denison
answered on Jun 9, 2022

No.

1 Answer | Asked in Divorce for Idaho on
Q: Am I responsible to store ex's personal belongings that he was to make arrangements to have picked up w/in 90 days

Ex has been incarcerated since 2018 to present. Am I responsible to store his belongings after divorce was final and gave him 90 days?

Also, if I was to pay ex for equity of home and nor him or his attorney provided Deed of Trust address. Do I still have to pay? Is there a statute of limitations?

Kevin M Rogers
Kevin M Rogers
answered on May 8, 2022

As to your ex’s belongings. What I recommend is that you send him a letter, while he’s in jail, telling him that he has 30 days to have someone (preferably family) pick up his belongings and that if no one comes within 30 days, you will dispose of his things as you see fit.

As to your...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Idaho on
Q: my husband in in jail for two days and will be brought to the court tomorrow. He has got dimentia or some disfunction

He won't get help and I fear for my life. Can we file something with his mental and start divorce? He wants to hurt me after 55 years of caring for him and it has come to this. I am truly scared of him. What are my rights?

Kevin M Rogers
Kevin M Rogers
answered on Mar 20, 2022

Idaho Code allows a Petitioner to seek out a Civil Protection Order. All you need to do is go into the Clerk's Office and ask for Civil Protection papers, and the Clerk will give them to you. They might even have a "Court Assistance Office" to help you fill out the papers. Once... View More

2 Answers | Asked in Real Estate Law for Idaho on
Q: What are my options to sell my part of inherited property?

My step sister and I inherited a home (50/50) from our father, I want to sell my half. She lives in the home. She agrees with selling, but it's 2 years now and hasn't done anything moving forward. I just want my share of inheritance. What are my options?

Anthony M. Avery
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answered on Mar 14, 2022

Hire a competent ID attorney to do one or the other: draft a Deed with proper Derivation of Title Clause and you sell your tenancy in common interest for an agreed price actually paid over; or file suit for a Partition Sale.

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1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Landlord - Tenant for Idaho on
Q: Hello! My family is dealing with an odd situation and I'd like to know what steps can be taken to resolve it.

My mom's ex is abusive towards her and my sisters. She "left him" but he still comes over. She's been charging my sisters rent. They are over 18. Do they then have a say in whether or not he's allowed at the house if the are paying rent? They feel unsafe with him around but... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Well, is sounds like you're asking this, correct me if I'm wrong:

Your parents were divorced. You are out of the house now but your sisters are still living with your mother, who apparently is a co-owner of the house that you and your mom's ex, owned?

If your...
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1 Answer | Asked in Appeals / Appellate Law and Car Accidents for Idaho on
Q: how to appeal a civil case regarding an accident case # cv14-21-09452

So my son got into an accident with his truck that I had registered in my name however I gave him explicit instructions to not operate the truck and even went as far as taking the starter fuse out so that he could not operate it. I was informed that he had got into an accident when I was served... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2022

This is something an Idaho attorney should advise on, but your post remains open for three weeks. And this looks like something that requires immediate attention if you have not already tended to it. It's a little difficult to follow exactly what happened here, but if there was a default... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: What do u do if the person gave u their card and pin number and gave permission and is now charging u
Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

This is a question for the jury - what "permission" was reasonable to believe this generous person gave you. If the "giver" is believed, then the jury will probably convict you of theft. If you are believed, and the jury believes that the giver actually gave you permission to... View More

1 Answer | Asked in Civil Rights and Criminal Law for Idaho on
Q: Someone handed a police officer possession of drug paraphernalia and said it was mine. Is that legal?

The cop asked to search my car, I said no my dad just did for 30 mins and found nothing. My mom pulls up along with my ex husband. Cop is off to the side talking to ex & magically my mom pulls out paraphernalia "from my car" in 10 seconds and starts going crazy. Ex says "Its my... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

First of all, if you would use a few commas, and periods, in your question, if would be much easier to decipher what you're asking. However, let me see if I can restate what your question is: you were pulled over, while driving your father's vehicle? Officer asks your permission to... View More

1 Answer | Asked in Real Estate Law and Criminal Law for Idaho on
Q: Is my real estate brokerage sueing me?

How can i tell if my realtor/brokerage i was using is going after me? I have signed termination papers, a few months ago. And now they are bringing stuff up into my personal life as if they are coming after me.

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Okay, correct me if my recitation of facts is incorrect: you worked for a realtor? You quit, a few months ago? They are "coming after you," for something? And, they are using facts from your personal life to "come after you?" If these facts are correct, then this is my... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: What does a officer mean by not enough substantial evidence but still has to write a report? Could it be dismissed?

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

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Real Estate Law and Construction Law for Idaho on
Q: Lawyer knows his client is at fault. Shouldn't he advise client to honor his obligation, instead of attacking victim?

Party A excavates his lot in preparation for building a home. He violates state law by not providing written notice required by statute to Party B about intent to excavate, and remove lateral supporting soil at their mutual property line. After the damage is done, Party A sends Party B a letter... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

I think your question involves malpractice? If so, you should first consult the Idaho Rules of Professional Conduct: https://isb.idaho.gov/bar-counsel/irpc/ Look first at the lawyer's B's duty to his clients. Then look at the lawyer's B's duties when working with 3rd... View More

1 Answer | Asked in Family Law for Idaho on
Q: Looking for a lawyer or somebody that can just help me do response to a petition to modify it order judgment or decree
Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Most attorneys are reticent to simply "help" someone prepare a "Response to Petition."

Why? Several reasons:

1. He will do much more work in helping you, then you feel like paying him for;

2. You will feel comfortable calling him several times,...
View More

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Idaho on
Q: What can realtors tell people?

If a real estate deal falls through, can the realtors you have say things to people about you? I had a real estate deal fall through and the realtor is saying horrible things about me now to a big social network we are all part of.

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

While this is not per se illegal, it is unwise. By disclosing information on social media, the RE officer can "defame" you; that is, if the RE agent discloses her "opinion" of you, that's not objectionable, except to you personally. Every human being is judged, based on... View More

1 Answer | Asked in Consumer Law, Criminal Law, Banking and White Collar Crime for Idaho on
Q: If someone shows you a fake bank document, but dont use it for anything, is it still illegal?

Someone showed me a fake bank document, but are not using it.

Kevin M Rogers
Kevin M Rogers
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

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