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Idaho Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Idaho on
Q: Do I need a concealee carry permit to carry/order a pocket baton in Idaho?
Kevin M Rogers
Kevin M Rogers answered on Sep 27, 2020

"Deadly weapon" means:

(i) Any dirk, dirk knife, bowie knife, dagger or firearm;

(ii) Any other weapon, device, instrument, material or substance that is designed and manufactured to be readily capable of causing death or serious bodily injury; or

(iii) Any...
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1 Answer | Asked in Criminal Law, Family Law, Arbitration / Mediation Law and Civil Rights for Idaho on
Q: A no trespass was put on me since then I've been invited over several times.has this no trespass been abolished?

It was placed on me by a girl friend who resides at the home with her mom.who both take care of the home owned by a mutual friend.mom is 57 girl friend 37.bannock county,

Kevin M Rogers
Kevin M Rogers answered on Sep 6, 2020

You're an invited guest. Your "permission" my be fluid, so don't push it. There's no such thing as abolishing permission revoked. It may be given and taken away fluidly. Be careful!

1 Answer | Asked in Criminal Law for Idaho on
Q: Son was arrested on supervised parole for possession of a controlled substance, he resided with us his parents.

Does his parole officer still have authority to enter the residence and do a search while he is in jail?

Kevin M Rogers
Kevin M Rogers answered on Sep 3, 2020

Probation officers are given about 90% of your son's 4th Amendment rights, while he is on probation. If you son had been at home, the P.O. would have been able to come right in, after ringing the door bell of course. They have the right to search his room plus any "common area."... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: How or can he apply for bail? Is the ada country jail being shut down due to covid?

My friend had 3 bench warrants for probation violations. He is in jail and says he is not bailable. Has had couple video hearings but says he does not understand what’s going on.

Kevin M Rogers
Kevin M Rogers answered on Aug 31, 2020

It's a governor's prerogative to use his executive powers during a pandemic to manage risk to the citizens he's charged with protecting. It's going to be very interesting to see if the executive's authority exceeds the constitution's guarantee of DUE PROCESS to all... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Traffic Tickets for Idaho on
Q: What is the law In Idaho regarding Vehicular assault?
Kevin M Rogers
Kevin M Rogers answered on Aug 20, 2020

Idaho doesn't have such a statute. An "assault" is the reasonable fear of a "battery." A "battery" is an "unlawful touching." If you touch another person against their will, you may be charged with "battery." If you use an automobile to... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: If someone cuts your break lines on your vehicle.What is the penalty in idaho
Kevin M Rogers
Kevin M Rogers answered on Aug 3, 2020

It's called "Malicious Injury to Property," a violation of Idaho Code Section 18-7001. If the damage is over one-thousand ($1,000) dollars, then it's a felony and punishable by a fine of up to five thousand ($5,000) dollars and/or imprisonment of not more than five (5) years, or both.

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Passenger is free to go, but then the officer comes back and requests a search of the subject. See more info for specifc

If a passenger is told he is free to go given the key to the vehicle as the driver is under arrest, after a traffic stop, then the officer comes back and asks before the subject leaves if he can search the subject. The subject gives consent to do a “terry pat” (Pat in outside of clothing for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 28, 2020

Hello, make sure you correct me if I summarize the facts wrong. So, the passenger is told by police that he is free to leave because the driver is being detained? The passenger then doesn't leave? Why not? Did the officer run up to the window and say, "hey, I want to search you or... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Can a passengers rights to a “terry Pat” be denied if driver is found with illegal substance on their person’s?

Police pulled over a vehicle with 2 individuals, the driver of the vehicles was detained on driving with out a license. A drug dog ran the car 3 times with no hit. The police told the passenger he was free to go, but then asked if they could search the passenger, passenger states a “terry pat”... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 28, 2020

Kind of a weird answer for the passenger to give the cop I'd say, but I would definitely file a Motion to Suppress anything found on the passenger since the cop went ahead and denied a

"Terry" pat down and went ahead with a full-blown search without probable cause.

2 Answers | Asked in Criminal Law for Idaho on
Q: What kind of legal resources available for son

22yr old charged with lewd conduct with minor but I have 16yr old said victim claiming it was her who is at fault she admits to getting Xanax doing with defendant and says she seduced him and wants to and has tried to be accountable for this said act has said she will testify to it in court on his... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 18, 2020

You left out thE most important fact: how young is the female?

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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Idaho on
Q: I was evicted from my grandmother's house without a written. I have a 3000$ dog I wasn't able to take so my family gave

Him Away without my consent or anything. I have all the papers on him and proof. The person that has him is trying to charge me a fee for taking care of him and stuff. Is there anything I can do?

Kevin M Rogers
Kevin M Rogers answered on Jul 16, 2020

You were staying with your grandmother, right? You brought your $3,000 dog with you, right? You did something that caused your grandmother to 86 you, right? But you didn't take your dog. Now grandma is going to feed and water your dog FOR FREE? I don't see that happening. It was... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Is it lawful for law enforcement to use the same evidence that has already convicted others in prior sting operations?

Can the same evidence be used repeatedly?

Kevin M Rogers
Kevin M Rogers answered on Jul 15, 2020

Absolutely! As long as the evidence can point to multiple people it will not be deemed "double jeopardy." Double Jeopardy protects us from being punished twice for the same (or similar) crime (or acquitted). The evidence would have to have a close nexus to more than one defendant... Read more »

1 Answer | Asked in Criminal Law, Collections, Elder Law and Probate for Idaho on
Q: I am the administrator of my mother's estate. I recently found out that my brother had been using her cc. What do I do?

I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and DUI / DWI for Idaho on
Q: DUI and Injury to child Dismissed with prej. my kids taken 3 times license 2 times cps got involved police said immenant

Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Can Idaho violate your right to speedy trial when you made no delays and showed up every time

I plead not guilty, and said from day one "take it to the box, no deals" my lawyer made a motion that was overruled "that court conjeste could not be help and would be not prejudicial to me according to the judge who also sat on the appeal for the case which also had a motion for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 21, 2020

Judges will ofttimes resort to the “record” to “prove” that something you said or the way your mouth moved or a facial tic of your lawyer WAIVED your constitutional right to a speedy trial. Problem is that this right only applies if you’re still in custody (180 days)! Most people would... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Idaho on
Q: In a domestic battery case where the state is the one pressing the charges against both spouses statements.

The husband spend a total of 3 days in jail the first two he is making phone calls to his wife and they are discussing the situation and what they are going to do on the third day the defendant sees a judge and is released on pretrial but if given a no contact order by the judge on that third day... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 21, 2020

This sounds like a situation wherein the actual prosecutor believes he/she’s a witness to an NCO violation, perhaps a jail call (that they listen to). It’s a much trickier charge to get out of since the threat of amending the charge is easier than you’d ever imagine for the State to prove.... Read more »

1 Answer | Asked in Criminal Law and Family Law for Idaho on
Q: Son had a child with an underage girl. Judge has included 5 yr NCO on release. She's 18 and wants NCO lifted. Possible?

He was 20 and she 16 at birth of child. Hospital reported. Both wish to marry. He's now 22 and set for release, but with 5 year NCO. She's 18 and wants a relationship. They have a 2 year old son together. No contention from family on either side. Can she request it be lifted as a... Read more »

Kevin M Rogers
Kevin M Rogers answered on May 15, 2020

She can ALWAYS petition to lift the NCO! It may or may not be granted . . . depending on the personal, self-righteousness of the judge you’re in front of.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Can someone explain 18 U.S. Code § 2385. To me

What I mean is how can the government get away with this isn't this a huge first amendment violation.

Kevin M Rogers
Kevin M Rogers answered on Apr 16, 2020

The code section is well written and easily understood (to me). What specifically do you not understand?

1 Answer | Asked in Small Claims, Criminal Law and Civil Litigation for Idaho on
Q: I have no proof of who damaged my vehicles, but I know who it was, what do I do?

April 12, 2020 around 11 pm, i heard noises outside of my house, this morning when I came outside both of my vehicles had damages to them, one has a broken windshield, and the other has a big dent in the side by the front door, I know it was an ex boyfriend and his friends, but I have no proof.

Kevin M Rogers
Kevin M Rogers answered on Apr 13, 2020

That’s tough! But if your ex had someone else with him it MIGHT be possible to get him to talk or overhear him talking or ask people who are mutual friends if they wouldn’t mind keeping an ear to the conversations. If you did get someone to talk, you could offer them immunity if they will tell... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Loss of valuable property entrusted to a neighbor.

Neighbor consented to keeping large amount of valuable jade. It "disappeared." I reported it to local police. He is retired LAPD. Police took no action on loss of $40,000 in jade.

Kevin M Rogers
Kevin M Rogers answered on Mar 27, 2020

Sounds like a bad movie. Why would you entrust a “large amount of jade (that you own?) with a neighbor? Hmmmmm? Did you steal it? How do you know your “neighbor” doesn’t still have it? What makes you think he hasn’t sold it, or stole it?

1 Answer | Asked in Criminal Law for Idaho on
Q: I was sentenced on criminal case mon but wen i got the order they where not wat i was sentenced and singed by a diff

Judge is that leagle

Kevin M Rogers
Kevin M Rogers answered on Mar 19, 2020

If I understand what you’re saying, that on Monday you were sentenced by a judge other than the original judge, a “fill-in” or “retired” judge?

Unfortunately, your lawyer may be to blame because she didn’t ask for your case to be continued until your original judge could be...
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