Lawyers, Answer Questions  & Get Points Log In
Idaho Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Idaho on
Q: When a policeman don't have permission or a warrant, they're not to just walk up on private land (Which the person has

total permission to be there napping in their car to seeing a vape pen for TCB (thc and tcb look the same exact) claiming the name inscribed on the battery portion, was way good enough for allegedly claiming there is now enough for probable cause, asks you to step outta the vehicle pulling you out... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

Under the Fourth Amendment, individuals are protected from unreasonable searches and seizures. This means that a police officer generally needs a warrant to search private property, including a vehicle, unless certain exceptions apply. These exceptions might include situations where there is... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: How can I protect myself against a bias judge who lied about my being in court put a fake warrant out for my arrest.

I have since sanctioned him and the magistrate in that county and am to appear again soon. How can I expect that to go well and I am representing myself making it more difficult to navigate. The debt has been paid as well which I have proof of. It’s all been paid. The bonds were taken out a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

I would suggest a few things in this situation:

1. Gather all documentation you have showing the debt has been paid and any other evidence that supports your case. Having solid documentation will be key.

2. Consider requesting a different judge for the next hearing, since you feel...
View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: I was sitting outside a gas station that is open 24 hrs and cop states he ran my license and saw that I had a warrant

Is this legal or is it profiling/targeting?? No female present to search prior to arresting, isnt that a violation of my rights?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

In Idaho, a police officer running your license plate while you're sitting at a gas station is generally legal, as long as they have a legitimate reason to do so. The presence of a warrant found as a result of this check can be a lawful basis for an arrest.

However, the issue of...
View More

2 Answers | Asked in Criminal Law, Personal Injury, Identity Theft and Internet Law for Idaho on
Q: What should I do if I know someone is uploading and downloading massive quantities of data from my phone in thebackgroun

I’ve learned what is being downloaded is an extreme amount of script writing and controls my web searches, opens all my personal info and passwords to them. It prevents me from certain sites I try researching when following there paths to figure out who or what is behind the stealing anything... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

If you believe that your phone has been compromised, it's imperative to act quickly. First, cease using the device and turn it off. Then, obtain a new phone and change all your passwords, especially for critical accounts like your email and bank. Document any evidence of the unauthorized... View More

View More Answers

2 Answers | Asked in Bankruptcy and Criminal Law for Idaho on
Q: Can I file bankruptcy even when my debt became unpaid partly because I was buying illegal drugs for my addiction?

I'm worried my past transaction on cash app will show I sent money to my drug dealer when I was going through my addiction. If so will I get in legal trouble trying to file bankruptcy. I really need debt relief now that I. Sober supporting my family, I'll lose my house if my wages get garnished.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2023

Filing for bankruptcy is about addressing your debts and getting a fresh start, and you can file even if past spending contributed to your debt, including spending on illegal substances.

However, be aware that bankruptcy proceedings require full disclosure of your financial transactions,...
View More

View More Answers

1 Answer | Asked in Health Care Law and Criminal Law for Idaho on
Q: Idaho health and welfare declared my bf incompetent and ordered a 90 day commitment, is there a time limit on when they

Transfer him to a hospital for further evaluation?

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

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

1 Answer | Asked in Criminal Law for Idaho on
Q: Is it legal to have drug dogs for a simple traffic stop
Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: How could i go about finding out if my 2nd amendment rights have been restored or not? I completed my probation 4/02/21

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Civil Litigation for Idaho on
Q: Police harassment file a civil lawsuit and sue for damages

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

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Criminal Law for Idaho on
Q: Why would co defendant be in a discovery but there is no co defendant in the case ?

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 ?

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Criminal Law for Idaho on
Q: I'm a felon from 25 years ago for drug possession.

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

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Criminal Law for Idaho on
Q: Is evideñce collected by an out of jurisdiction officer admissable in an Idaho court

An out of jurisdiction officer while in another county without authorization collected evidence in an unrelated case from which he was initially investigating

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Idaho on
Q: If I got pulled over in idaho for speeding but never got ticket for speeding but got poss of paraphernalia is that legal
Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Criminal Law for Idaho on
Q: I got a possession of paraphernalia with intent to use charge in kootenai county

If I plead guilty what is the chance that I will only get a fine or fine and unsupervised probation

Kevin M Rogers
Kevin M Rogers
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

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Need some one that handles police misconduct claims for damages / criminal defense

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

Kevin M Rogers
Kevin M Rogers
answered on Jan 2, 2023

You need to do the following:

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

1 Answer | Asked in Criminal Law for Idaho on
Q: What do I need to file with the courts, in order to have my case placed on the judges calendar for a sentence reduction?

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

Kevin M Rogers
Kevin M Rogers
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

2 Answers | Asked in Criminal Law for Idaho on
Q: How do I file a motion or application to get an ammendment of judgement under idaho code 19-2604.

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

Kevin M Rogers
Kevin M Rogers
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

View More Answers

1 Answer | Asked in Criminal Law for Idaho on
Q: Can you be lawfully charged with murder if the only testimony indicates you shot someone after they pointed a gun at you

and your attacker pulled the gun out and pointed it at you first in your own home.

Kevin M Rogers
Kevin M Rogers
answered on Oct 27, 2022

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

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Who is the attorney for the plaintiff in case number 1:2021cv00409

My husband xxx 0089632 inmate at imsi odoc would like to talk with someone regarding this case and would like to be added to this lawsuit.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2023

I understand your husband's interest in case number 1:2021cv00409 and his desire to be added to the lawsuit. To find out who the attorney for the plaintiff is in this case, you can typically access this information through the court's official records. You can contact the clerk of the... View More

1 Answer | Asked in Criminal Law, Workers' Compensation and Civil Rights for Idaho on
Q: Service dog access denied! I was kicked out with my service dog, they didnt want to check my docs, can I file charges?

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

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

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

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.