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Idaho Questions & Answers
1 Answer | Asked in Family Law for Idaho on
Q: I signed my parental rights over of my son to his aunt but it wasn't notorized is it still legal and can it be used

His grandma has temp guardianship and I want my son back I didn't mean to sign my rights over to the aunt what do I do

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

Idaho law says that a parent may give someone their parental rights for upto six (6) months, without having to go to court. Many people do this. The fact that it wasn't notarized will not do anything for you, unless it is your belief that your signature was forged or that your spouse's... Read more »

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: Does a QRDO override a divorce decree? My decree states I forgo my ex’s retirement. But there is not a QRDO filed.

Married 1982- 1996, I was a stay at home mom for the first 11 years of marriage . I agreed under duress because at the time my X Threatened he would leave the state and not give me even child support . Fast forward to today. My X is retiring and asked need to sign a waiver of pension benefits. I... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

A QDRO does not override a Divorce Decree, it merely directs the Plan Administrator on how to divide a 401k or military or state retirement. It's simply the "instructions" on how to do it. So, the answer is probably YES you would have the right at this point to get a large portion... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Idaho on
Q: If you pass the field sobriety and breath tests can an officer push for a forced draw?

blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

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...
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1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: i was recently pulled over for "speeding" by a state officer, and i said I do not consent to a search, yet he does....

He searches my car, on a hunch he says, even though the stop was for speeding, he finds nothing in my car. The passenger was searched after that, and then booked into jail on a drug possession charge.

I was never ticketed even though the officer pulled me over for "speeding", and... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

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... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Can I hunt with a Bow in the state of Idaho while I'm on probation. I'm on probation for embezzlement.
Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

Yes. While you're on probation, you may not possess a "weapon," but I believe the Legislature was referring to guns, not bows.

1 Answer | Asked in Criminal Law for Idaho on
Q: If a judge does not go along with the plea agreement can you withdraw your plea?
Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

There is an Idaho Criminal Rule 11. It says:

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...
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1 Answer | Asked in Criminal Law for Idaho on
Q: arrested for DWP and then car searched and drugs found, but have proof that license was valid. Will all charges be drop

They said I was suspended for sr22 lapsing. But I have written proof it did not from dmv.

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

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,... Read more »

1 Answer | Asked in Personal Injury for Idaho on
Q: Are there legal issues if I had over the counter allergy meds available for customers in case of a reaction?

It's a beekeeping related business where people can come do beekeeping with a beekeeper.

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2022

An Idaho attorney could advise best, but your question remains open for a week. Until you are able to discuss with a local attorney familiar with the state law, it sounds like a measure that could place you at unnecessary risk, since you aren't in the business of dispensing medicine,... Read more »

1 Answer | Asked in Civil Litigation for Idaho on
Q: My grandson's Allstar little league coach rarely played 3 Allstars in Cal Ripken baseball tournaments over the summer.

We spent several thousand dollars for equipment, gas, motel reservations, food, etc. over the summer to see these kids sit on the bench on an Allstar team that required tryouts. The coach also told fans where they could or couldn't sit and stand to watch the games. Because I had a run in with... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jul 26, 2022

A "case" for what? Not playing your grandson? Nope. The coach has "discretion" to play anyone he wants. The "remedy" you have is social media and hope the "powers that be" don't hire him next season. Sorry there's not more you can do. It sucks, I know.

1 Answer | Asked in Libel & Slander for Idaho on
Q: I have an ex who discovered a personal situation I’m in. I have a minor std. and he posted it all over his social media.

He’s telling hundreds of people and it’s causing immense amounts of chaos. I’ve tried speaking to him and his friends about just Atleast taking the posts down. He refuses. I’ve also reported his accounts. Is there anything I can do?

Kevin M Rogers
Kevin M Rogers
answered on Jul 26, 2022

There are recognized, "bad stuff" you can tell about another person, and have hell to pay for doing so; disparaging a female's "chaste character" is actionable (our society still imputes chastity to females) as liable, broadly defined as both spoken "slander," or... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Idaho on
Q: Is it illegal for a 19 year old to drink nonalcoholic beers or drinks?

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... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jul 25, 2022

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... Read more »

1 Answer | Asked in Immigration Law and Education Law for Idaho on
Q: I attend barber school with out a legal status in the US , but now that i finished I can't get my license cause of it

But the only reason I attend barber school was cause the school were the ones that told me I didn't need a legal status that w just my ITIN I could get my barbers license but once I finished school and submitted my application to the state for the license they said I needed so type of permit... Read more »

Joshua Joseph Despain
Joshua Joseph Despain
answered on Jul 11, 2022

I don't know much about barber school and barber licenses, but it is very possible that the school requires different credentials from the agency that issues the licenses. In other words, your immigration status or lack of status might have not been an obstacle to the school, but it still an... Read more »

1 Answer | Asked in Products Liability and Business Law for Idaho on
Q: Do we have to have general liability insurance for our go karts or can we just have customers sign waivers?
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

An Idaho attorney could advise best, but your question remains open for two weeks. Until you're able to arrange a meaningful consult with a local attorney, it's worth noting that nationwide, liability waivers are not a substitute for insurance. They can have limitations. You could... Read more »

1 Answer | Asked in Copyright and Construction Law for Idaho on
Q: We contracted with a developer to design spec homes for their development which they would build. Not doing so

Developer is having financial issues and has begun selling our drawings to buyers of their lots and allowing them to bring in their own construction company to build house. This was not our agreement. We have no control over the construction phase using our drawings which may or may not be latest... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 15, 2022

Check your contract. Depending on your payment, you may have released your rights to the other company.

You may have the right to contract independently with the home owners.

Consult with an attorney.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Does a 309a form include full ssn to ex spouse when filing bankruptcy?
Timothy Denison
Timothy Denison
answered on Jun 9, 2022

No.

1 Answer | Asked in Divorce for Idaho on
Q: Am I responsible to store ex's personal belongings that he was to make arrangements to have picked up w/in 90 days

Ex has been incarcerated since 2018 to present. Am I responsible to store his belongings after divorce was final and gave him 90 days?

Also, if I was to pay ex for equity of home and nor him or his attorney provided Deed of Trust address. Do I still have to pay? Is there a statute of limitations?

Kevin M Rogers
Kevin M Rogers
answered on May 8, 2022

As to your ex’s belongings. What I recommend is that you send him a letter, while he’s in jail, telling him that he has 30 days to have someone (preferably family) pick up his belongings and that if no one comes within 30 days, you will dispose of his things as you see fit.

As to your...
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1 Answer | Asked in Appeals / Appellate Law and Car Accidents for Idaho on
Q: how to appeal a civil case regarding an accident case # cv14-21-09452

So my son got into an accident with his truck that I had registered in my name however I gave him explicit instructions to not operate the truck and even went as far as taking the starter fuse out so that he could not operate it. I was informed that he had got into an accident when I was served... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2022

This is something an Idaho attorney should advise on, but your post remains open for three weeks. And this looks like something that requires immediate attention if you have not already tended to it. It's a little difficult to follow exactly what happened here, but if there was a default... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Idaho on
Q: my husband in in jail for two days and will be brought to the court tomorrow. He has got dimentia or some disfunction

He won't get help and I fear for my life. Can we file something with his mental and start divorce? He wants to hurt me after 55 years of caring for him and it has come to this. I am truly scared of him. What are my rights?

Kevin M Rogers
Kevin M Rogers
answered on Mar 20, 2022

Idaho Code allows a Petitioner to seek out a Civil Protection Order. All you need to do is go into the Clerk's Office and ask for Civil Protection papers, and the Clerk will give them to you. They might even have a "Court Assistance Office" to help you fill out the papers. Once... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Idaho on
Q: Lawyer knows his client is at fault. Shouldn't he advise client to honor his obligation, instead of attacking victim?

Party A excavates his lot in preparation for building a home. He violates state law by not providing written notice required by statute to Party B about intent to excavate, and remove lateral supporting soil at their mutual property line. After the damage is done, Party A sends Party B a letter... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

I think your question involves malpractice? If so, you should first consult the Idaho Rules of Professional Conduct: https://isb.idaho.gov/bar-counsel/irpc/ Look first at the lawyer's B's duty to his clients. Then look at the lawyer's B's duties when working with 3rd... Read more »

2 Answers | Asked in Real Estate Law for Idaho on
Q: What are my options to sell my part of inherited property?

My step sister and I inherited a home (50/50) from our father, I want to sell my half. She lives in the home. She agrees with selling, but it's 2 years now and hasn't done anything moving forward. I just want my share of inheritance. What are my options?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 14, 2022

Hire a competent ID attorney to do one or the other: draft a Deed with proper Derivation of Title Clause and you sell your tenancy in common interest for an agreed price actually paid over; or file suit for a Partition Sale.

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