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Idaho Questions & Answers
1 Answer | Asked in Small Claims for Idaho on
Q: An employee forgot to give me $2100 for delivery until I asked at which time I did receive the $2100. Any legal action?
Tim Akpinar
Tim Akpinar
answered on Jun 24, 2021

An Idaho attorney could advise best, but your question remains open for a week. It looks like you were paid the $2,100 you requested. It's not fully clear what the damages you're claiming would be - (1) is it interest on the money, (2) or damages suffered as a result of the delay? Without... View More

1 Answer | Asked in Animal / Dog Law for Idaho on
Q: I’ve been caring for my son’s dog for two years Do I have legal rights to keep him?

I have taken care of this dog in every aspect from food and loving him. He’s content and safe.

Kevin M Rogers
Kevin M Rogers
answered on Jun 18, 2021

YES YOU CAN KEEP HIM: if you and your son agreed that you could.

NO YOU CANNOT KEEP HIM: if your son did not agree that you could.

It's as simple as that.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtai

Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtain a search warrant? Can a police officer just tell a judge that he believes illegal activity is going on at so and so's residence with no basis or evidence for probable cause?

Kevin M Rogers
Kevin M Rogers
answered on Jun 18, 2021

Yes you have the absolute right to know exactly what the police had given the judge before asking the judge to issue a search warrant. Your lawyer will make a Request for Discovery to the State. The State will send your lawyer the Affidavit of Probable Cause, which was typed up and given to the... View More

1 Answer | Asked in Family Law for Idaho on
Q: My daughter was arrested and my grandson was taken into foster care. They refuse to consider me . What do I do?

I was the closest person to this child. He has a bedroom in my home and spent 5 days a week with me. I have never been arrested and have a stable work and homelife. They refuse to even talk to me and tell me why. I feel as though CPS. is just a guise for human trafficing. They are their own... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 10, 2021

What do they tell you as their excuse for not considering you? Do you have any warrants or possibly living with someone on probation or parole? If you can't afford to hire a lawyer then go into the Court Assistance Office and ask them for a Petition for Guardianship and file it with the... View More

1 Answer | Asked in Small Claims for Idaho on
Q: Can someone sue for property not returned if it then is returned?

A previous employer mailed me a printer and requested it back after I left their company. I have no vehicle and had no means to bring it down. I lost contact with them and just got into my email to find a threat to sue that has passed. I arranged a way to return the property and just want this... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2021

An Idaho attorney could advise best, but your post remains open for four weeks. No one here could predict what they would do. It's good that you made arrangements to return the printer. If you haven't already, let them know about the arrangements you made so they don't move forward... View More

1 Answer | Asked in Estate Planning for Idaho on
Q: I want to change my second named executor of our living trust. Do I have to get a lawyer just to change a name?
Steven J. Fromm
Steven J. Fromm
answered on Jun 5, 2021

Yes, you should have a simple addendum or amendment to the trust to document this change. Do not do this on your own or cross out the first name and add in the second name.

1 Answer | Asked in Child Custody for Idaho on
Q: Can a judge to refuse to look at any evidence in a custody case just because one parent is a registered sex offender?

The victim of the registered offender is now married to the offender and it has been 20 years since the offender conviction. The children involved in the custody case have never been harmed by the offender.

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

Short answer: no.

The custody court's decisions are appealable. If the Magistrate Judge said "on the record," that she was ignoring ALL EVIDENCE produced by your husband, then the judge's decision is likely to be overturned. On the other hand, recent court decisions...
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1 Answer | Asked in Criminal Law for Idaho on
Q: Is a collapsible baton a weapon in Montana?

Does it fall under the same regulations of "concealment" as other weapons? Such an item normally used for defense. Will one be prosecuted for having it concealed even though no license laws exist for such an item?

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

MRS 45-8-315, defines a "Concealed weapon" as a "means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon."

Other Montana Revised Statutes define "weapon" depending on your age and...
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1 Answer | Asked in Car Accidents for Idaho on
Q: What exactly does signing a release of interest form do and can I avoid paying the towing fee by signing one?

I totaled my car and when the tow truck came to get it, the driver told me that he would tow it free of charge in exchange for the vehicle. I agreed to that, but now I have a bill in the mail along with a release of interest form from the towing company. Does signing the release of interest form... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. It could be difficult for an attorney, even an Idaho attorney, to advise on the operation of the form you describe, sight unseen. But as a GENERAL matter nationwide, a release of interest form is used to convey ownership... View More

1 Answer | Asked in Divorce for Idaho on
Q: My husband was given power of attorney over his dad's property one-year before we were married, the will says it goes to

My husband then down the line in family ify husband died. The father died 4 months after our marriage, it's now legally his, with the will of continued family pass down. No prenup was signed, in a divorce so I have rights

Thank you

Kevin M Rogers
Kevin M Rogers
answered on Jun 18, 2021

Every state was given the opportunity to adopt the "Uniform Probate Code." Washington adopted it and had changed a few things over the years. However, one thing that remains the same is that someone who dies with a will has the opportunity to make "devices" "gifts"... 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 Civil Rights, Constitutional Law and Criminal Law for Idaho on
Q: Can a police officer contact my me before court after my arrest and can he pass the evidence to pedestrians after found.

Also was made to urinate in public after I told officer it made me uncomfortable then he watched me pee after he’d already searched me but said it was to make sure I didn’t try to get rid of anything.

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

Hi, I'm sure someone else will probably ask you to clarify your question, but let me first ask you to ask it more clearly please? IF I understand your question, you said that you were arrested? For what were you arrested? In a car? Park? While walking?

Second question:...
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1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: My mom filed abandonment and neglect trying to keep my daughter from me, can I go take my daughter back

I am the sole custodian of my daughter I fell ill and was unable to care for my daughter in which my mom gladly took the reins so I could recover in which we knew would be a long road to recovery, and agreed that soon as I was stable and able to bring my daughter bak home that she care for her... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

If you were ill and left your daughter in your mother's care while you recovered, then your mother probably bonded to your daughter, her granddaughter, while you were in Portland recovering. The ONLY thing keeping you from going to your mother's home and walking up to the door saying,... View More

1 Answer | Asked in Child Custody for Idaho on
Q: My childrens father has passed on and i need to know who i contact to step foward and get custody
Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

If you and your husband's children were not adopted by you, then you are in the same position as I would be, if I petitioned to be his children's guardian. You are in a very tough position and likely to hear from your husband's brothers and sisters, possibly parents, who will want... View More

1 Answer | Asked in Child Custody and Divorce for Idaho on
Q: My wife got arrested out of the State of Idaho for trafficking. Is there emergency divorce help to protect me and kid?

She is out on Bond in Glenwood Springs CO

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

The UCCJA "uniform child custody jurisdiction act," says that a child's "home state" is where the child has lived for the six (6) months immediately preceding the filing (of the divorce etc.) that you're talking about. So, first question, where has the child lived for... View More

1 Answer | Asked in Family Law and Child Support for Idaho on
Q: Can the state of Idaho take my money I had prior to the marriage for my husband's back child support?

I received money for the sale of my home in December 2020. I was married in February of 2021. Just added him to my checking acct 2 weeks ago (May 2021) and the state took almost $30,000 of my money for his back support and without any notice.

Kevin M Rogers
Kevin M Rogers
answered on Jun 3, 2021

No they can't . . . unless you put your money and new husband's money into a "joint checking account" and can't tell which money was your original money and trace out the money which belonged to your new husband. However, in Idaho, all money which is deposited into a joint... View More

1 Answer | Asked in Employment Law for Idaho on
Q: Can a company have different starting salaries based on age

My daughter was told that the reason she makes less than a new hire (having worked at her job for 3 years) is because she was hired as a HS junior and the new hire was a college freshman, and college students automatically start at a higher wage. She was then reprimanded for discussing salary with... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 4, 2021

While this situation seems unfair, as long as your daughter is being paid at least minimum wage for all hours worked, then this policy is not unlawful. Employers have a wide degree of discretion regarding employees' pay, and while federal age discrimination laws exist, these laws only protect... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Idaho on
Q: How do you change a minors last name

My 10 year old daughter wants to change her last name to her stepfather's. Her biological father has not been in her life since she was 8 months old. We have a child support order against him but he hasnt paid in 7 years. What can I do?

Kevin M Rogers
Kevin M Rogers
answered on May 13, 2021

The fact that her father hasn't had any contact with her since she was 8 months old, DUE TO A NO CONTACT ORDER, against the father, is problematic. The fact that he hasn't paid CS in 7 years is irrelevant to your question. Idaho has a statute regarding name change. It is found in Title... View More

1 Answer | Asked in Family Law for Idaho on
Q: I need to get emancipated at age 16

Email me

Kevin M Rogers
Kevin M Rogers
answered on May 13, 2021

Unfortunately, Idaho has NO law of emancipation. Idaho law requires all kids to attend school through the 8th grade, so my advise to you is that you attempt to 1) mend fences, stay in school, it won't be too long till you're on your own, yada, yada, yada; or, 2) seek permission to stay... View More

1 Answer | Asked in Animal / Dog Law for Idaho on
Q: How can we get our neighbors to quit falsely accusing us of neglect? Do we have grounds to sue for false reports?

Idaho: We have lived here for 13 years with 1 consistent neighbor so we are almost certain it’s them. They called animal control for neglect. Saying our dog was outside all day in the sun, he was outside with us while we picked cherries from our tree. Our back yard gets maybe 3 hours of sun... View More

Kevin M Rogers
Kevin M Rogers
answered on May 13, 2021

A neighbor like this is the last thing you need in enjoying your summer! Their conduct fits the definition for possibly 2 misdemeanor, criminal charges:

Disturbing the Peace: 18-6409. DISTURBING THE PEACE. (1) Every person who maliciously and willfully disturbs the peace or quiet of any...
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