Idaho Questions & Answers by Practice Area


Idaho Questions & Answers

Q: Can I get my brothers social security money if my mother refuses to help support him?

1 Answer | Asked in Social Security for Idaho on
Answered on Jan 14, 2019
Michael Hales' answer
The easiest thing to do in this situation is go to your local social security office and start the process there. You may need to involve a lawyer to challenge your mother as payee for your brother, but I'd start with the local office and ask for their assistance first.

Q: If a tool I was using has a known defect but I also misused it when I got injured, does that negate any claim I might

2 Answers | Asked in Personal Injury for Idaho on
Answered on Jan 4, 2019
J. Grady Hepworth's answer
A full answer would require additional consultation. However generally speaking if you "misused" the product, it will make your claim difficult. Under Idaho law, a jury would ultimately be asked to proportion the negligence of both you and the manufacturer (or possibly the retailer/distributor). If a jury finds that you are 50% or more at fault for your "misuse" and the manufacturer is 50% or less at fault for the defect, you would not recover anything. If the manufacturer is 51% or more at...

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
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 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 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: Do both parties in a divorce case mediation get served papers? Thank you

1 Answer | Asked in Arbitration / Mediation Law and Child Custody for Idaho on
Answered on Dec 23, 2018
Kevin M Rogers' answer
Yes. Any kind of mediation is ordered by the Court. The Court has rules it goes by and one of those is procedural due process, which includes no ex-parte communication and giving each party notice of anything that the court needs input on or that the court orders them to do, such as Mediation.

Q: What kinds of damages (money awards) are available to the plainitff in a medical malpractice lawsuit?

1 Answer | Asked in Medical Malpractice for Idaho on
Answered on Dec 10, 2018
J. Grady Hepworth's answer
As a general matter, Plaintiffs in a medical malpractice can recover damages for past medical expenses, future medical expenses, lost income (if applicable) and general damages for pain and suffering.

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: What are my rights as a parent if grandparents were granted De Facto Custodian

1 Answer | Asked in Family Law and Child Custody for Idaho on
Answered on Dec 3, 2018
Kevin M Rogers' answer
The word "defacto" means something which exists in reality, whether authorized by law or not. Your parents therefore have some rights to guardianship at least to their granddaughter. They obviously do not have "legal custody," which can only be obtained by going to court or bestowed by birth to parents. So, the question comes to mind, why were your parents given the temporary custody of your daughter originally? If it was because you were temporarily unable to care for your daughter then...

Q: We bought a home 3 days ago and discovered major water damage tonight. There is significant mold in carpet. Any rights?

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Dec 3, 2018
Kevin M Rogers' answer
Seller's agent is responsible to inform buyer of known omissions to the buyer. The first question to be answered is: whether the seller had an "agent." Did you deal directly with the seller or someone else? An agent is a person who has been authorized to act on behalf of a principal towards the performance of a specific task or series of tasks. An agency relationship is created through the actions of the principal who either: (1) expressly grants the agent authority to conduct certain...

Q: How long after my vehicle has been repossessed and sold should I receive a letter from the creditor about the sale?

1 Answer | Asked in Collections for Idaho on
Answered on Nov 22, 2018
Kevin M Rogers' answer
Idaho law provides five (5) days for you to replevin (recover) your car. Once the lien holder has presented the paperwork showing the note, the judgment and the order for sale to satisfy the amt. due, it will be sold VERY quickly.

Q: How quickly can I get a fiancée visa for my future wife who's a Japanese citizen?

2 Answers | Asked in Immigration Law for Idaho on
Answered on Nov 16, 2018
Ms Grace I Gardiner's answer
Right now it’s taking seven to eight months for the interview. It takes six months for the approval of the visa itself

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: How long is the process for divorce in Idaho if both parties are amicable?

1 Answer | Asked in Divorce for Idaho on
Answered on Nov 12, 2018
Kevin M Rogers' answer
It will take a minimum of 21 days for a default, if only one of you files and the other one just sits on their hands and does nothing. However, if you file the Petition and your wife files an Answer, then "amicable" won't begin to describe the end of the process or the time it will take. Typically, your wife will take her parents' advice or friends' advice and seek out a lawyer's opinion after you and she split the sheets. This lawyer if he knows what she's doing, will tell her that she has...

Q: Already paying for my 2 kids child support and now might be a dad with girlfriend and want to know how is that handled

1 Answer | Asked in Child Support and Family Law for Idaho on
Answered on Nov 12, 2018
Kevin M Rogers' answer
The Idaho Child Support Guidelines make provision for child support being paid to children of another relationship. It's not a dollar for dollar reduction to current child support, but is is taken into consideration.

Q: Are you able to help in the Idaho falls are?

1 Answer | Asked in Family Law and Child Custody for Idaho on
Answered on Nov 12, 2018
Kevin M Rogers' answer
Sorry, it would be too expensive to have to fly from Boise to Idaho Falls every time. However, if you're serious and could afford to fly me to Idaho Falls, I can make time on my calendar.

Q: My husband and I found a house and put an offer on it. We soon found out that realtor did not put our offer in....

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Nov 9, 2018
Kevin M Rogers' answer
Did you and your realtor have a written contract? What does it say? What do the recitals say? To determine whether the realtor breached a duty owed to you, you can look up in Title 55 such as:

54-2051. OFFERS TO PURCHASE. (1) A broker or sales associate shall, as promptly as practicable, tender to the seller every written offer to purchase obtained on the real estate involved, up until time of closing. A purchase and sale agreement signed by the prospective buyer shall be deemed in all...

Q: I lent money to a neighbor and he put up a piece of property up as collateral. He failed to pay me when it was due.

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Nov 9, 2018
Kevin M Rogers' answer
“Put up a piece of property up as collateral?” How did he “put it up” as collateral? Did he give you a Deed of Trust or a Mortagage? Did he record it or did you? Generally speaking if the document adequately identified his property AND was identified as “collateral,” AND was recorded, then you will have to “foreclose” on the instrument given you to secure his debt.

Q: Does strict liability apply to dog bite cases in Idaho?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Nov 5, 2018
Kurt Holzer's answer
Idaho dog bite law is complex See Boswell v. Steele. https://cases.justia.com/idaho/supreme-court-civil/2018-45454.pdf?ts=1536256623

Q: can I stop my boyfriends mom from taking half of his ashes?

1 Answer | Asked in Family Law and Car Accidents for Idaho on
Answered on Nov 3, 2018
Kevin M Rogers' answer
His ashes are the only thing he had that he could will to anyone, but he died without a will, so the Uniform Probate Code dictates that his ashes would pass to his children in per stirpes. If he had no children but is survived by parents, his ashes will pass to his parents in equal shares. You were never married to him and have absolutely no say in the matter. I’m sorry.

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