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Idaho Questions & Answers

1 Answer | Asked in Real Estate Law for Idaho on

Q: We recently went to court for an eviction. We were told by our property manager that we have to represent ourselves.

We have a signed document from the judge stating that a specific third party organization will pay us September rent for our tenant, made payable to my husband and I, mailed to our house post mark dated by the 13th. If this was not followed it was grounds for an immediate writ of execution. We just... Read more »

Kevin M Rogers answered on Sep 13, 2019

This is not true. You have the right to have legal counsel and I recommend you do! The ONLY legal actions I can think of in which you must represent yourself are if they sued you for back rent in small claims court and ?

1 Answer | Asked in DUI / DWI for Idaho on

Q: How many times can a officer make you take a breathalyzer

If stopped and asked to take a breathalyzer and I do my numbers are under the legal limit. Can they make me take it again?

William Jaksa answered on Sep 9, 2019

Yes. Many jurisdictions allow or require officers to re-administer the test again. The officer will need to justify in court why they needed to re-administer the test, which may call into question the officer's ability or indicate another problem. In my jurisdiction, officers are required to take... Read more »

2 Answers | Asked in Tax Law for Idaho on

Q: Husband is in prison for 4 years how do I file taxes?

My husband has a child with his ex. We filed together this past tax year he recently got sentenced to 4 years. We have 3 kids of our own and obvisouly I'm the only one providing how would I go about filing with out having my money going to child support. Also child support has stopped but he also... Read more »

Kevin M Rogers answered on Sep 9, 2019

If I understand your question, you and your husband have three (3) children of your own and your husband is the father of another child. Do you have custody of that child as well? And I am also understanding that your husband is not paying CS because he is in prison. Am I correct? If you don't... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on

Q: My wife cheated on me but i can’t prove penetration. Will i have any chance of keeping house and getting 50/50 custody?

My daughter is 2 years old. We bought the house 2 months after marriage.

Kevin M Rogers answered on Sep 9, 2019

In Idaho, irreconcilable differences gets the job done without the drama of proving guilt, which it sounds like you weren't there as the act was happening, so you can't prove guilt anyway. So, you CAN prove that you two no longer get along and that you want a divorce. ThE THING that generally... Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on

Q: I'm only seeing my son twice a week. I want what's best for my son with out the drama with my x girl. Where do I start?

Kevin M Rogers answered on Sep 9, 2019

If you were never married, you don't want to go near her and your child until you have a court order, if you and she are on the "outs" as far as talking things over are concerned. That's a quick way to invite her to call the police and allege that you did something, anything, which will land you... Read more »

1 Answer | Asked in Child Support and Family Law for Idaho on

Q: I’m mother child support for my ex husband to taking care my son now he is 15yrs old now I’m moving to different state

My son he said he want living with me do I still pay child support for my ex husband?? Or he have to pay me back ??? Or what can you answer me please I appreciate

Kevin M Rogers answered on Aug 29, 2019

Do you pay CS to the Idaho Department of Health and Welfare, Child Support Receipting? If so, then you will still be required to pay CS for your son even though he says he wants to live with you. In the unlikely event that a court allowed you to pay your son's father directly, then you could... Read more »

1 Answer | Asked in Divorce and Family Law for Idaho on

Q: How will the value of a separate property home be divided?

A home owned by one party prior to marriage was rented most of the marriage. Rent payments were deposited to a joint bank account prior to paying the mortgage invoice. Will full rent income be reimbursed to the community, or only the amount above what the mortgage payment was? Non owning party... Read more »

Kevin M Rogers answered on Aug 29, 2019

In Idaho there is a presumption that property owned by the parties is "community property." The home was owned individually by one party but the income from it was deposited into a "joint account." Once the funds were deposited into their "joint" bank account, the "presumption" of "sole" is... 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 answered on Aug 28, 2019

Never go into the den if the lion without an attorney

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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 answered on Aug 25, 2019

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

1 Answer | Asked in Child Custody and Family Law for Idaho on

Q: I'm starting custody with my ex. I'm needing some deeper advice.

I'm asking for sole legal custody, and joint physical custody but had a schedule created for us to fallow. I have reasons of to why I would like my son with me more. If he responds, what preparation and paperwork should I put together for mediation? Do I need an attorney for mediation? I work part... Read more »

Kevin M Rogers answered on Jul 21, 2019

So you go to school and work and your mother watches your son while you work and go to school? Who drafted your “schedule to follow?” You? So you’ve filed some kind of Petition for sole custody? Why?

Your ex may be an alcoholic but you lack any proof of abuse (to you? to the minor...
Read more »

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 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 Medical Malpractice for Idaho on

Q: Purchased a teething drops, Camilia by Boiron, and it came with eyes drop in the package. Can anything be done about it?

We purchased a teething medicine called Camilia manufactured by Boiron. When we were about to put the drops in the baby mouth he pushed it away, and we noticed it was an eyes drop put inside the teething drop called Optique1 made by the same company. Luckily my wife noticed it before the child... Read more »

Tim Akpinar answered on Jul 13, 2019

Based on what you describe, it does not seem that there were damages. That's very fortunate and I'm glad your baby was unharmed. You could bring the matter to the attention of the manufacturer because it could be indicative of a possible quality assurance issue in their production process. This is... 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 answered on Jul 1, 2019

The dog run is legal

1 Answer | Asked in Tax Law and Health Care Law for Idaho on

Q: I am a penny stock investor and I heard of a Miracle Blood that could change the world. Can you get me the stock ticker

Its a new cure for heart disease thru diabites cure !

D. Mathew Blackburn answered on Jun 29, 2019

Wrong forum. Hire a financial advisor.

1 Answer | Asked in Contracts and Estate Planning for Idaho on

Q: I want Dad to divide his estate between wife #4 and step-son from wife #2. Will the court be OK with this will?

I do not need/want any part of Dad's estate. Does Idaho law refuse estate being passed to a non-blood family member over me, his natural child? Does Idaho law allow current wife to receive 50% of his estate? Dad is a healthy 92 year old but we need to know the facts of Idaho estate laws.

Bruce Alexander Minnick answered on Jun 5, 2019

If you need to know Idaho law on these important issues, hire an Idaho lawyer.

1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on

Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... Read more »

Michael Hales answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

1 Answer | Asked in Estate Planning, Banking, Federal Crimes and Identity Theft for Idaho on

Q: Ex sterling my trust

What can I do to stop her not as fast as computer

Bruce Alexander Minnick answered on May 28, 2019

Report the theft to the appropriate authorities.

1 Answer | Asked in Contracts for Idaho on

Q: We are under contract to sell our home and my partner just died. Realtor is asking me to sign a quick claim deed what do

Bruce Alexander Minnick answered on May 24, 2019

This important question cannot be answered unless and until a lawyer has an opportunity to review all relevant papers and consider all available options.

1 Answer | Asked in Traffic Tickets for Idaho on

Q: Do I need a lawyer for a situation

Tim Akpinar answered on May 19, 2019

It looks like part of your question was inadvertently left off, resulting in it not being picked up. You could repost and include a brief description of the situation.

Tim Akpinar

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