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Idaho Questions & Answers
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

1 Answer | Asked in Criminal Law for Idaho on
Q: I need someone to read my character reference to the judge and see if it's ok

Character reference

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Cannabis & Marijuana Law for Idaho on
Q: Does Idaho test all newborns at birth for marijuana without having permission from the parents? Is that even legal??
Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

No, Idaho does NOT test all infants born, only those born to mothers whom they have reason to believe, were under the influence during their pregnancy, such as admissions by the mother etc. It is NOT legal for LE to test infants for controlled substances, without probable cause to believe the... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Idaho on
Q: I want to sell my home. I have a shop that exceeds local city size by 5ft in leng. can I sell without a permit for shop?

no leans on home and HOA approves of the shed and was built not knowing city requirements. it's only 5 ft longer and has existed for about 5 years with no issues in the backyard. Was built with boundary guidelines i.e. clearances from home and property line are fine. no plumming only has... View More

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

You can always sell your home, to anyone you want to sell to. . . as long as the fact that your shop is not within the CC&R guidelines, or city "set back, boundary" restrictions. This would be a BAD fact to omit if you are selling your home. Because, whether you have the City coming... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: Can a seller back out of a signed purchase agreement because his ex wife won’t re-sign quit claim deed that had a error

A friend offered my family to live in his house because he is always on the road. We have now lived in said homes for 5 years and he offered on multiple occasions to sell us the home for 90k. We finally agreed, no that we are 3 weeks from closing he is saying that his ex wife will not re-sign the... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

Very interesting situation for sure. Here's what the law will say:

1. He had the right to sell you the property. Real property is "unique," that is, money won't remedy a breach. It's the only property on earth that you can actually force the sale of, as long as...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Idaho on
Q: I owned a manufactured home but rented space what can I do if ex landlord did repairs, listed my home for sale, and sold

My home for 75000 with it still in my name. Prior to this I had it sold until landlord interfered and realtor eventually had to pull away because of his interface and she became scared of him and I have emails stating this. What can I do ? Cuz no one in my small town will help me.

Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

Let me make sure I understand your facts:

1. You owned a manufactured home and leased the land underneath it?

2. You offered to sell your M home but the ex landlord interfered with the sale of it and now the realtor you had won't list your property because she is now afraid...
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1 Answer | Asked in Employment Law and Employment Discrimination for Idaho on
Q: The company I work for is trying to say I'm no longer qualified for my job because of a RA flare up to deny ADA request.

I have worked for the company six months and have received excellent performance reviews. I verbally mentioned I have Severe Rheumatoid Arthritis and there may be periods where I need to take time off. A couple months later HR asked for a ADA letter and letter from doctor. This was provided 2... View More

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

Employers under the Americans with Disabilities law are required to provide "reasonable accommodations," not ALL accommodation, you request. This is a very typical problem in companies. They hire an employee who tells them of a disability, and they hire the person anyway. However,... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Can information from a case that was dismissed in 2015 be used for as a basis for probable cause in a new case in 2021?
Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Criminal Law for Idaho on
Q: Does a conflict of interest exist if a prosecutor is related to the "victims" in a criminal case.

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.

Kevin M Rogers
Kevin M Rogers
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

2 Answers | Asked in Criminal Law for Idaho on
Q: How can I get a discovery packet in Idaho before hiring a lawyer? This is for my fiancé, I am not listed on the case.

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

Richard W. Noel
Richard W. Noel
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

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1 Answer | Asked in Family Law and Tax Law for Idaho on
Q: Does pro rata payment of the value of the tax exemptions" mean her part of taxes is included in child support each month
Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

The short answer is YES.

There are several exemptions, credits and deductions in the tax code. The Idaho Child Support Guidelines, which are found in the new, Idaho Rules of Family Law Procedure, are confusing to say the least on this. Here are some points to consider:

1. The...
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1 Answer | Asked in Civil Litigation for Idaho on
Q: I am an unrepresented. No action filed. Can I cc the opposing party with a letter being sent to that party's attorney?

In a matter where no action has yet been filed in court, I am unrepresented, and the opposing party is represented by an attorney. I am about to send my final demand for resolution to the attorney. Is there any law that prohibits me from sending a copy of my written demand for resolution directly... View More

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

Yes, it is unethical to communicate with a party who is represented by counsel. Representing yourself, you are held to the same standards of conduct as any other attorney would.

Idaho Rule of Professional Conduct 4.2 states:

RULE 4.2: COMMUNICATION WITH

PERSON REPRESENTED...
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1 Answer | Asked in Criminal Law for Idaho on
Q: I was wondering if this is legal

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

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Tax Law for Idaho on
Q: I worked for an employer for two days and did not fill out any tax paperwork. Got W2 with wrong info.

I worked for an employer for two days and did not fill out any tax paperwork. I have now received a W2 with my name misspelled and SSN incorrect. I believe this employer forged my tax paperwork.

Kevin M Rogers
Kevin M Rogers
answered on Feb 6, 2022

The question to ask is: did I work for 2 days as my own boss, or did I go through the interview process and then was hired, as an employee? Your question didn't provide many clues. 2 days is a very short time for an "employee" to work and then quit. It's a very short time to... View More

1 Answer | Asked in Personal Injury and Health Care Law for Idaho on
Q: I had an allergic reaction, after telling the nurse my symptoms she allowed me to drive home.

I had an iron infusion in April. Towards the end I mentioned to the nurse that my legs felt tingly and my skin hurt. Scratching felt like I was tearing my skin. She was not concerned so I didn’t think anything of it. When the infusion was over I stood and told her I felt like there were needles... View More

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2022

An Idaho attorney could answer best, but your post remains open for two weeks. Under general principles applied nationwide, the short answer is that cases are based on actual damages rather than damages that could have been. I'm glad you're okay. As for the symptoms you describe, you... View More

1 Answer | Asked in Divorce for Idaho on
Q: Default divorce in Idaho, do I need to submit something after the CAO CV 7-1?

I have a question about divorce in Idaho. I have sent in all the forms, she was served and did not respond. I have submitted the CAO CV 7-1 and under Affidavit in Support of Default it has Comments: Decree of Divorce. However, it still says Active-Pending under status. I just want to make sure that... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 6, 2022

Yes there is a 21 day waiting period. Let us know 3-5 days after that time passed. You should receive the Decree within that amount of time.

1 Answer | Asked in Real Estate Law for Idaho on
Q: Can a new home builder have work done from subcontractors without homeowner know what it cost?

Is this normal or legal? Example. We have 8000 cleaning bill at the end for a 4000 sq ft home. Many line items have ended in results over going over without knowing any price of the worked that was performed until the bank draws. No estimates or nothing.

Kevin M Rogers
Kevin M Rogers
answered on Dec 27, 2021

Of course that can happen and often does. Do you need to be in on EVERY decision the General Contractor does, or did you hire him to make decisions about WHO to hire to do different parts of the project? Did you pay the General Contractor or does you contract with the GC, say that "despite... View More

1 Answer | Asked in Family Law for Idaho on
Q: My ex spouse received stimulus money for child but doesnt even see child. Is there anything i can do about that?
Kevin M Rogers
Kevin M Rogers
answered on Dec 27, 2021

Does the Stimulus Program dictate that only mother's with minor children at home will receive any money? I could be mistaken, and have been many times, but I don't think Congress created that program for ONLY single mothers, with minor children at home. Are you sure you're not... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Idaho on
Q: I need to file a Proposed Judgment for Quiet Title (in Idaho); Can't find a template or example. Can you help me find 1?

Seeking Quiet Title for a piece of property I own in St. Maries, ID. Everything has been filed, accepted, processed, adjudicated upon & a Default Judgment has been granted..but it is incumbent upon me to file a 'Proposed Judgment of Quiet Title'. I can't find an example of such a... View More

Anthony M. Avery
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answered on Nov 23, 2021

You will need a competent ID attorney to draft that proposed Order. Remember the Order is adjudicating Title to real property. It is permanent and must be perfect. And every cloud on titles is different. If you do it yourself, and probably mess up, it is another cloud on the title you are... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: I had a contingency contract to buy a house in Idaho. I put down $5,000 earnest money.

I did sign off the final inspection, even though my agent ( who was a dual agent) didn't tell me that the $ would be considered non refundable. The sale of my home was my money/financing for the new home. The buyers of my house backed out a day before closing.

So, my financing fell... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 29, 2021

What you need to do is look at each, signed contract. You need to examine what the contingency or contingencies were and the time and dates that the contingencies must be met or dropped or failed etc. That's what a lawyer will do for you. It is a complicated set of facts to figure out without... View More

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