You can look up the regulation(s) that have to do with how long they can hold your bf, before they will be required to release him. These can be found here: https://adminrules.idaho.gov/rules/current/16/index.html
Every law that the Legislature passes, has to have a "regulation"...View More
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
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
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
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 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 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
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
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
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
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
Have a criminal charge stemming from a really bad traffic stop call. The whole traffic stop threw arrest and release and still going and being monitored have been very poorly handled and quite frankly very qurationble have CT datw 12-12 2022 and my defense lawyer passed away
1. Determine whether the offending officer was a Boise City cop; or an Idaho State Trooper. This is important because you can look up the "Idaho Tort Claims Act," and it says you only have 180 days from the day you "should have been able to...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
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:
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
Murder requires the government to prove that the actor killed another person, intentionally (not while asleep) and did so without being provoked first, and with malice. From your facts, it doesn't seem like any Sr. prosecutor would charge "murder," only to be embarrassed at court...View More
There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.
Idaho also as adopted a .08 level of alcohol so as...View More
Police have the right to pull you over, if they get information from Dispatch or their CAD system, telling them that you are suspended or not licensed or if they see (or say they see) you commit a traffic infraction. I file Motions to Suppress, whenever I see a report and the cop SAYS he saw a...View More
Notice of Plea Agreement. If a plea agreement is reached by the parties, the court must, on the record, require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the...View More
In order for a policeman to pull you out of traffic, the cop must have a valid, articulable suspicion that you are, have been, or are about to commit a crime, even a traffic offense. So, if we judge the cop's actions in pulling you over, we must look at the information he/she had about you,...View More
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
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
Im an employee of the Sun Valley Resort, I went to hang out with my friends at common area of the employee dorms with my service dog, when, after sitting inside for a while, the security person came and told me that the dog cannot be inside, I told him that it's a service animal and that I can... View More
An Idaho attorney could advise best, but your question remains open for three weeks. This doesn't look like a workers' comp or criminal law matter, and there wasn't a response from the Civil Rights practitioners. Questions sometimes remain unanswered, but at this point, you could try...View More
You should contact your father's probation officer and ask about that. Your father can also talk to his probation officer. If you can't get anywhere with the Probation Officer, then you can file a Motion in the District Cout and bring this to the attention of the Judge.
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