Idaho Criminal Law Questions & Answers

Q: If a bond and restraining order was set does that mean you have been charged? Can they hold you on a complaint?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Apr 29, 2019
Kevin M Rogers' answer
There are 2 types of restraining orders. One is typically called a CPO or Civil Protection Order. This is started by someone who swears under oath to a clerk of the court, usually in the clerk's office, that the man has threatened violence to her or her children or has battered her and/or her children. This will typically result in a referral to police or Health and Welfare but not always. The Clerk's are instructed to have the paperwork referred to the "on call" judge. This judge will...

Q: If somebody calls the police and they say that somebody choked me and it goes to court and I don't want to testif bfore

1 Answer | Asked in Criminal Law for Idaho on
Answered on Apr 25, 2019
Kevin M Rogers' answer
It could go several different ways, unfortunately All Bad for you.

First, the State will employ their cadre of so-called “victim witness coordinators” aka MAN HATERS, to speak to you, let you know of ALL the shitty, scary things that men can do to women. If that doesn’t work they will ask the court for a “witness bond” and take you into custody pending the trial. Third, they will get you on the stand, come hell or high water and “push your play button,” you know, when...

Q: hello I need 3 precedents that there is no need for jury duty for a murder case. can you please help? its for a school

1 Answer | Asked in Criminal Law for Idaho on
Answered on Apr 15, 2019
Gary Kollin's answer
If it is for school., you are violating the honor code by asking someone to the eork for you

You may be lucky and neither your teacher nor a fellow student reads this.

Q: How is the mens rea requirment affected by crimes imposing strict liability?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Mar 23, 2019
Kevin M Rogers' answer
There is no mens rea for strict liability crimes. Nobody asks “did you intend to run the stop sign,” you either DID or you DIDN’T. Anything more serious however, requires a progressingly more guilty mind, upto the crime of 1st Degree Murder, which requires the State to prove that the actor had the “intention to commit a premeditated, intentional, malicious, unlawful killing.”

Q: How long does it take to get a revocation hearing for abscounding

1 Answer | Asked in Criminal Law and Probate for Idaho on
Answered on Mar 16, 2019
Kevin M Rogers' answer
As soon as you are back in Idaho, your next hearing will be your initial arraignment hearing, probably the next day. Your District Court Arraignment will be set in the following 14 days and you will have your District Court Arraignment on your PV. The Court will then set your Admit/Deny Hearing about six (6) later. The soonest you could get in front of the District Court to admit your absconding allegation would be up to your lawyer to let the Clerk know that you do NOT intend to have a...

Q: In Idaho can a defendant withdraw a guilty plea after signing court documents but has yet to be formally sentenced?

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Idaho on
Answered on Dec 23, 2018
Kevin M Rogers' answer

A lawyer shall act with reasonable diligence and promptness in

representing a client.


[1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon...

Q: I was arrested June of 2017, in return for some charges dropped I agreed to be a confidential informant, I helped arret

1 Answer | Asked in Libel & Slander and Criminal Law for Idaho on
Answered on Dec 23, 2018
Kevin M Rogers' answer
Nope. Your conviction, your testimony etc. are public record. The trial itself is public record. If the newspaper promised you that they would keep your name out of their paper and did not, then you have an action for breach of contract against the newspaper. Did social media publish anything untrue about you? Truth is thE defense against slander and libel. If a private person published untruths about you on social media, THAT is actionable.

Q: When reliced from prison am I required to abide by the policies that were in effect when I was sentenced or the changed?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Dec 23, 2018
Kevin M Rogers' answer
You are subject to the rules in place when you get out of prison or parole. If your JOC did not mention supervision fees, you should ask your Parole Officer if you have to pay fees now. If you disagree with what he/she tells you then you may contact the Court and look at your Judgment of Conviction to see if it contains a provision for supervised release but no fees. It would be unusual but possible. If you are unable to pay supervision fees you may ask the Court to waive the fees for a...

Q: I am in need of some advice. I pled voluntarily guilty to petit theft.

1 Answer | Asked in Criminal Law for Idaho on
Answered on Dec 4, 2018
Kevin M Rogers' answer
Hello Arourah,

Before a warrant comes out you should call me and see if I can get the prosecutor to give you one more opportunity to sign up for "alternative sentencing." But you REALLY need to hurry. Otherwise there will be a warrant coming and then the only option will be to turn yourself in and sit for 5 days. Good luck to you! My number is 208-805-9880

Q: Used a stolen credit card unknowingly by friend who lied about the card?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Nov 13, 2018
Kevin M Rogers' answer
How can you use a credit card "unknowingly?" Let's say your name is Robert. If you used a credit card given you by a friend named John and the name on the card is Bill, how is it that you felt justified in using the card that: 1. you didn't get Bill's permission to use the card; and 2. you didn't even ask John "hey how'd you get a card with Bill's name on it?"

The last part of your question seems to suggest that you know you did something very wrong and will be held to account for it...

Q: son who just turned 18 bought some nicotine packets for a classmate who was underage ,charged with a misdeameanor,

1 Answer | Asked in Criminal Law for Idaho on
Answered on Oct 31, 2018
Gary Kollin's answer
If you feel you have the legal skills to do the best for him then in your mind you should not spend the money and instead wing it.

However, if you were in that situation, money would not be an issue and you would hire a lawyer for yourself.

Q: Can you obtain the evidence that was against that got you convicted back in 2003 somehow?? How would I go about doing so

1 Answer | Asked in Criminal Law for Idaho on
Answered on Oct 16, 2018
Kevin M Rogers' answer
You’ll need to go to the courthouse and ask them if they have electronic records that go back that far or not. If they do all you’ll need to do is make the request. If their electronic records don’t go back that far then they probably have an off/site that they’ll give you directions on how/who to contact to access what you need.

Q: I need to help my 22 yr old son file a rule 35 by October 23rd and cannot find the forms or which ones to use and how

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
Your son's name

Address & Phone Number



STATE OF IDAHO, ) Case No. ________________


Plaintiff, )


vs. ) Rule 35 Motion for Relief




COMES NOW (SON'S NAME), In propria Persona,...

Q: I told the cops my husband threw something into my room I remember he wasn't in the room when it happened. What do I do

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
You are obligated NOT to commit perjury and it’s not the judge your need to tell it’s the prosecutor so that she can dismiss charges against your husband.

Q: Can I press charges for my ex choking me if I don’t have any pictures but do have his confession on text?

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Answered on Oct 8, 2018
Kevin M Rogers' answer
Of course you can. That is, if the officer you reported this to takes your report and immediately forwards this to the Asst. DA. Photos are only one part of a criminal prosecution. But without photos it will be much more difficult to obtain a conviction. Why didn’t you get any photographs?

Q: I ran for 2 years from my stuff but I turned my self in.

1 Answer | Asked in Criminal Law for Idaho on
Answered on Oct 8, 2018
Kevin M Rogers' answer
If you were on felony probation, where one of the first promises you made was to obey all laws, and you ran away, absconded for 2 years, how would it be unfair of the court to convert your probation to a Rider? How does what you have been doing since you came back, atone for the running you did for the past 2 years? What you're saying is that YOU make the rules, YOU do what YOU want when YOU want. Huh?! That's not what a law-abiding, parolee does. The fact that you're apparently doing well...

Q: Living with parents, kick me out. Wouldn't give me my stuff. I broke in, took 4wheeler and stuff. Did I break the law?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Oct 2, 2018
Kevin M Rogers' answer
Yes you broke the law and could be prosecuted for grand theft and burglary. The minute you moved out you lost the opportunity to “use” things belonging to your folks. Your parents may be uninterested in receiving the 4-wheeler back because they have already spoken to the police and don’t know whether they can take it back from you now or following the State’s prosecution of you.

Q: 3 kids home alone all under 7 yrs. old, Only 1 child survived. No charges were filed. 1yr later the survivor tells her

1 Answer | Asked in Criminal Law and Wrongful Death for Idaho on
Answered on Sep 11, 2018
Peter N. Munsing's answer
Not generally--it's a likelihood of imminent harm that triggers it. Unless the survivor is a minor and is at risk, I don't see it and at this point you know and you may report it if the survivor is still a minor.

Q: Does Idaho follow meritime laws or laws of the republic?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Aug 21, 2018
John Bulger's answer
Idaho follows the laws promulgated by its legislature. If you are hoping to challenge a court’s jurisdiction over you premised on maritime or other laws, you will be wasting your time.

Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Answered on Aug 3, 2018
Michael Hales' answer
There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

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