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I am about to file for divorce. I am the primary borrower for his vehicle. Only he has ever driven it, so it (along with the payments) should obviously go to him. There = about $6,000 left to pay. He just told me it broke down and will cost too much to fix. He said he can only trade it in for... View More 
answered on Mar 15, 2023
This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you... View More
answered on Mar 15, 2023
Yes, cops call it an "outside sniff," or words to that effect. The bummer about dogs, is that a LOT of the time now, routine traffic stops are done with a K-9 officer. If you happened to have been stopped within 3-5 minutes prior to a drug dog getting there, probably no Judge would say... View More
Now that he's been convicted and incarcerated, do I need a lawyer to get a release or can I do this myself ?
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answered on Mar 2, 2023
Contact the Court Clerk that you put up as the Beneficiary of the Bond. If you made a private mortgage, then you can ask the mortgagee to release, but it may cost you money. Sometimes a Declaratory Judgment Action is needed to remove the Lien.
I was unaware of things not working except need batteries, propane, gas for generator. That's all I was told about it. She has taken possession, now says nothing works and said she won't pay me any money. She has it somewhere I don't know about and she blocked texts, but has sent me... View More
answered on Mar 30, 2023
You will need to have an attorney write her a demand letter. The issue is whether you promised to sell her the 5th wheel, with "only batteries" needed, or if you said, "everything works fine," etc. What promises did you make to her prior to selling it? Those are the types of... View More
My question is in regards to idaho legislative statute 18-310 (2). My felony is not listed under the list of charges that disqualify you from immediate restoration of 2a rights
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answered on Mar 2, 2023
If you have completed your probation, you may be eligible to have your firearm rights restored. However, the process and requirements for restoration of firearm rights vary by state. You should check the laws of your specific state to determine the process and requirements for restoring your... View More
When we moved in, my apartment came with a microwave that is built in under the cabinets above the stovetop. The appliance tripped the breaker in the wall, and now the microwave as well as the exhaust fan (as the fan is built into the microwave) is not working. We reached out to maintenance and... View More
answered on Jan 26, 2023
If your microwave isn't working it's obviously because the NEC Code requires a dedicated circuit now for a microwave. The apartment manager gave you a contract, did you read it? If it said that you could plug in your own microwave oven, then you're in good shape. However, Idaho... View More
I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... View More
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answered on Jan 24, 2023
Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... View More
My husband has an LLC in Washington state that collects rents on many rentals. I have worked on the rentals as help to the LLC. the LLC was created before we were married
If I plead guilty what is the chance that I will only get a fine or fine and unsupervised probation
answered on Jan 26, 2023
Possession with Intent (to sell, distribute) is a felony in Idaho. It carries a maximun sentence of 7 years of prison. If you have NO other crimes in your jacket, then you MIGHT be able to get a probation offer. That also might be contingent on you completing 60-90 days in custody going through... View More
answered on Jan 26, 2023
This is a good time to learn about Idaho and the 4th Amendment to the US Constitution. A police officer has been endowed with a limited amount of discretion. He is not required to ticket someone for the "reasonable suspicion" reason that he pulled him over for, but he should if he wants... View More
answered on Jan 26, 2023
Yes it means that they couldn't find the individual, but nothing but a line that says, "warrant recalled" will mean that there is no longer a warrant. Good luck to you!
An out of jurisdiction officer while in another county without authorization collected evidence in an unrelated case from which he was initially investigating
answered on Jan 26, 2023
Yes, it will be admissible in court, if the information is not "hearsay," and the prosecutor can lay the proper evidentiary foundation to introduce it. Most cities and surrounding cities, have "compacts" or "agreements" that each can work "temporarily" in... View More
I was served with a search warrant for a stolen laptop which I had bought from this person not knowing that it was stolen. During the search they found 26 rifles and apparently 3 were stolen. Again not knowing that they were stolen. I was charged with 26 counts of illegal firearms possession and 4... View More
answered on Jan 26, 2023
If you are a felon, you may not possess a firearm, period. Regarding the laptop . . . what kind of computer was it? Did you pay full price for it? Did you pay a fair, used price for it? What questions did you ask the seller before buying it? Did the seller "dump" it for a hundred... View More
I am following the Bryan Kohbergers case and a lot of people are curious as to why a co defendant was listed in the discovery but there there is no co defendant ?
I’ve heard it is just how they do the legal discovery could you explain why they list this when there is actually no co defendant ?
answered on Jan 26, 2023
My experience in dealing with prosecution offices is that the first Discovery Responses they send out are akin to a sawed off shotgun approach, they're going to list every, single human being who they talked to or originally thought they might want to talk to. It's kind of like a... View More
I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... View More
answered on Jan 26, 2023
The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... View More
My daughter sees her dad every other weekend. It has been a battle forever. My daughter expresses that she wishes her step dad was her real dad. I don’t want to rush anything but I am concerned that if something happened to me, she would end up with her bio dad where she does not want to be.... View More
answered on Jan 11, 2023
The only age "restriction" I am aware of is the age a child can be called to testify as a witness. Even this law is flexible, depending on the maturity of the child. However, it would be odd if a Court were to place this huge decision in the hands of a child. At age 9, judges must... View More
At sentencing, my judge and prosecutor both agreed to allow me to have my charge ammended after I completed probation. I just need to know how to FILE for it. Or what form do I need to file, or how do I get a court date to make this happen. It's idaho code 19-2604. I just need the form/s... View More
answered on Jan 2, 2023
Here's one example you might use:
Comes now the Defendant, ________________, In Propria Persona, and hereby moves this Honorable Court to DISMISS the criminal charges against the Defendant, pursuant to Idaho Code 19-2604.
This motion is made and based on the Court and the... View More
Landlord won't refund a non refundable $400 carpet cleaning/cleaning fee, but allowed one of the original parties on my lease to sign a new lease without having to move out, and never cleaned the carpets or cleaned the property.
answered on Jan 2, 2023
The ONLY deposits which are NOT refundable in Idaho are those Security Deposits. A Security Deposit is one sum of money deposited to guarantee the payment of rent. All other deposits are refundable, if say, the cleaning bill was for $180.00 and the LL charged you a $300 deposit, you are due a... View More
When I was sentenced my judge told me after probation to come back and see him and he would ammend my charge. Charge is from 2015 I completed probation in 2020. I have called the clerks and they say I have to file something in order to have my case placed on the calender, and also that I have to... View More
answered on Jan 2, 2023
In Boise, Idaho, where I practice, it is sometimes necessary for me to call repeatedly the Clerk and ask that she give me a court date. However, it is ALWAYS after I have filed a MOTION FOR DISMISSAL OF CHARGES, pursuant to URCRP Rule 42 for dismissal. Here's a suggestion:
1. Draft... View More
answered on Dec 27, 2022
No. To commit a crime in Idaho, requires that it be done willfully. The word "willfully," when applied to the intent with which an act is done or omitted, implies simply a "purpose or willingness" to commit the act referred to. It does not require any intent to violate law, or... View More
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