Lawyers, Answer Questions  & Get Points Log In
Idaho Criminal Law Questions & Answers
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...
Read more »

3 Answers | Asked in Criminal Law for Idaho on
Q: I need to know what hunting rights I have asI am a felon
Christi Lynn Schofield
Christi Lynn Schofield answered on Mar 9, 2020

In Idaho, your firearm rights depend on which felony you were convicted of. And just because you may have the right to possess in Idaho, doesn’t mean you have the same right under federal law. You should consult with a criminal defense attorney who has knowledge about firearm rights.

View More Answers

1 Answer | Asked in Criminal Law for Idaho on
Q: Should a person who is under supervision of idoc be made aware of their "fugitive " status while under said supervision?

My friend had less than 2 months left on a conviction, had been straight with his PO doing well. Was arrested for being a fugitive to Idaho. Why is it now this being brought to light. Seems he should have been made aware of this before now. I mean his PO had to have known.

Kevin M Rogers
Kevin M Rogers answered on Feb 7, 2020

Your friend had been doing "well" on probation, EXCEPT THAT HE MOVED TO IDAHO WITHOUT OBTAINING THE P.O.'S CONSENT! His P.O. MAY have had suspicions that your friend was moving without his consent and just wanted to see if your friend would do such a stupid thing?

1 Answer | Asked in Criminal Law for Idaho on
Q: I was pulled over and charged with possession of meth and paraphenelia.I was o rd on court compliance.However in a mixup

And mis understanding of times I ended up missing my preliminary hearing, when I realized my mistake I called the public defender and she told me to go test and then go to the jail and turn myself in and spend the weekend in jail. I did proceed to go test for court compliance however I did not turn... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 7, 2020

My advice would have been EXACTLY what your Public Defender told you. Now the warrant may be 10x higher than it would have been had you turned yourself in like you had been advised.

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Idaho on
Q: If someone gives someone meth and gets high with them multiple times Breaks their sobriety.They commit adultery.

Then he stays with wife .tries to be sober. Commits suicide . Can that person be charged ? Adultery ? involuntary manslaughter? Or? Criminally?

Can they be sued? Wrongful death? Alienation of affection ? Or?

Tim Akpinar
Tim Akpinar answered on Nov 3, 2019

I'm very sorry for this tragic situation. An Idaho attorney could answer you best, but your post remains open for three weeks. In terms of the criminal issues, a criminal defense attorney is qualified to address those. In terms of the civil issues, there is usually a requisite element of... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: How can I get an alternative writ of mandate created and served to a prosecutor in idaho

An assault was reported to the police. The victim was obviously assaulted. The police report was given to the prosecutor. The prosecutor chose not to charge the offender with the crime. Offender has a long record of assault on this victim and others. How do I get him charged and punished for... Read more »

Kevin M Rogers
Kevin M Rogers answered on Nov 1, 2019

A Writ of Mandate in Idaho law, is reserved for those for whom a duty is owed by some person in power. It is designed and reserved to enable someone for whom a duty is owed, to require the empowered to do what is "required" of him/her to do.

The Prosecutor does not owe you a...
Read more »

2 Answers | Asked in Criminal Law for Idaho on
Q: I accidentally threw away a garbage bag with chewing tobacco in it, and now I am being questioned about contriband

I have to meet with the sherriff tomorrow evening

Gary Kollin
Gary Kollin answered on Aug 28, 2019

Never go into the den if the lion without an attorney

View More Answers

1 Answer | Asked in Criminal Law for Idaho on
Q: How do I fire my public defender? My trial is tomorrow.

How to request Or ask the judge to fire my public defender my trials tomorrow and I have not met with my public defender one time to discuss the evidence that I have for my case. The case needs to be thrown out because the items the PA is trying to charge me with actually belong to me, and the PA... Read more »

Gary Kollin
Gary Kollin answered on Aug 25, 2019

Simply tell the judge you want to fire,and the judge will make an inquiry

1 Answer | Asked in Criminal Law for Idaho on
Q: My fiance has been in the county jail in Idaho for almost a month and has not seen a judge at all. He has no new charges

, and no future court dates. Since being incarcerated he has not even had one court date. I believe that he is being wrongfully held in jail. He was arrested because he ran on his bond, but those charges where all dismissed. We are very confused. We are homeless. I am in Oregon and he is in Idaho.... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 21, 2019

Your fiancé has already been “arraigned,” on charges of absconding, either felony or misdemeanor. If he was charged with a misdemeanor and FTA’d then he now has another misdemeanor that he’s charged with. If he had been charged with a felony and absconded then he’s got a new felony to... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: If I am pulled over for suspicion of DUI and pass the given field sob. tests, can cops then run a k9 around my car?

Case Description

I was driving while on the phone and swerved in front of the police. I was pulled over and in speaking to the cop he asked if I had been drinking and I admitted that I had had one tequila mule at a friends. He then went back to his car and stayed there for 5-10 minutes when... Read more »

Gary Kollin
Gary Kollin answered on Jul 1, 2019

The dog run is legal

1 Answer | Asked in Criminal Law for Idaho on
Q: If a bond and restraining order was set does that mean you have been charged? Can they hold you on a complaint?

My husband was arrested the next day he was given 100,000 bond. His public defender said the only thing she has received is a complaint he has been in jail 8 days.

Kevin M Rogers
Kevin M Rogers answered on Apr 29, 2019

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... Read more »

1 Answer | Asked in Criminal Law for Idaho on
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

preliminary hearing but prosecutor says I could go to jail if I don't testify. So I testify but what the witness is saying it's not how she saying it happened, a preliminary I said that he applied pressure and choke me but then I said I saw it coming so I held my breath and that's... Read more »

Kevin M Rogers
Kevin M Rogers answered on Apr 25, 2019

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...
Read more »

1 Answer | Asked in Criminal Law for Idaho on
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

My government teacher told me that there is no need for jury instructions if the criminal confesses to the crime, which he did, and I need 3 precedents to prove my case to the class on how there is no need for jury instructions since he confessed. I can't find any precedents so I was wondering... Read more »

Gary Kollin
Gary Kollin answered on Apr 15, 2019

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.

1 Answer | Asked in Criminal Law for Idaho on
Q: How is the mens rea requirment affected by crimes imposing strict liability?
Kevin M Rogers
Kevin M Rogers answered on Mar 23, 2019

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... Read more »

1 Answer | Asked in Criminal Law and Probate for Idaho on
Q: How long does it take to get a revocation hearing for abscounding

My husband was recently picked up in montana and is waiting for extradition back to idaho how trying ti figure out how long it will take before he gets a revocation hearing for absconding his parole

Kevin M Rogers
Kevin M Rogers answered on Mar 16, 2019

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... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Idaho on
Q: In Idaho can a defendant withdraw a guilty plea after signing court documents but has yet to be formally sentenced?

I am currently serving a 4 year prison term for Calif but requested extradition to Idaho for sentencing on additional charges under the Interstate Agreement on Detainers Act. After hiring my present attorney and being advised to waive the preliminary hearing to allow her extra time (3 weeks) to... Read more »

Kevin M Rogers
Kevin M Rogers answered on Dec 23, 2018

RULE 1.3: DILIGENCE

A lawyer shall act with reasonable diligence and promptness in

representing a client.

Commentary

[1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.