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Idaho Questions & Answers
1 Answer | Asked in Divorce for Idaho on
Q: If an LLC in Washington State gets rents, would the rents become Community Property if both spouses live in Idaho?

My husband has an LLC in Washington state that collects rents on many rentals. I have worked on the rentals as help to the LLC. the LLC was created before we were married

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

Yes.

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: What does it mean if someone public online record shows “warrant returned-no service”do they still have a active one?
Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

Yes it means that they couldn't find the individual, but nothing but a line that says, "warrant recalled" will mean that there is no longer a warrant. Good luck to you!

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... Read 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... Read more »

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Is my apartment complex responsible for repairing the exhaust vent in our kitchen?

When we moved in, my apartment came with a microwave that is built in under the cabinets above the stovetop. The appliance tripped the breaker in the wall, and now the microwave as well as the exhaust fan (as the fan is built into the microwave) is not working. We reached out to maintenance and... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

If your microwave isn't working it's obviously because the NEC Code requires a dedicated circuit now for a microwave. The apartment manager gave you a contract, did you read it? If it said that you could plug in your own microwave oven, then you're in good shape. However, Idaho... Read more »

2 Answers | Asked in Copyright, Animal / Dog Law and Intellectual Property for Idaho on
Q: Can I legally sell an image I took of a friends cow without their written consent or do I need a property release?

I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... Read more »

Robert E. Wasserman
PREMIUM
Robert E. Wasserman
answered on Jan 24, 2023

Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... Read more »

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1 Answer | Asked in Family Law, Adoption and Child Custody for Idaho on
Q: Is there an age where a child can choose to be adopted by a step parent in Idaho?

My daughter sees her dad every other weekend. It has been a battle forever. My daughter expresses that she wishes her step dad was her real dad. I don’t want to rush anything but I am concerned that if something happened to me, she would end up with her bio dad where she does not want to be.... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 11, 2023

The only age "restriction" I am aware of is the age a child can be called to testify as a witness. Even this law is flexible, depending on the maturity of the child. However, it would be odd if a Court were to place this huge decision in the hands of a child. At age 9, judges must... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Can we sue our realtor for neglecting to properly write and amend sellers contract to a buyer?

We sold our home March 2021. We approached the realtor who sold us our home about selling it. We told her the amount we needed to make from it and if she couldn't then we would go another route. She assured us she could. Here is the problem, she neglected to write in our contract that if the... Read more »

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

You are correct in assuming that it IS your written "Listing Agreement," which governs the outcome of your lawsuit. You are unfortunate also, as because you are limited to the "written document," between you and the RE Agent, you will NOT be permitted to offer testimony on what... Read 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...
Read more »

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Is it legal for a landlord to withhold deposit money for work they did not perform?

Landlord won't refund a non refundable $400 carpet cleaning/cleaning fee, but allowed one of the original parties on my lease to sign a new lease without having to move out, and never cleaned the carpets or cleaned the property.

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

The ONLY deposits which are NOT refundable in Idaho are those Security Deposits. A Security Deposit is one sum of money deposited to guarantee the payment of rent. All other deposits are refundable, if say, the cleaning bill was for $180.00 and the LL charged you a $300 deposit, you are due a... Read 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... Read 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...
Read 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... Read 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...
Read more »

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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Idaho on
Q: Prior to a new land owner taking over my trailer park we had a direct connection to the water line. The land lord had a

a water meter installed a few months after they took over. The installer took my heat tape off the water pipe. Last week the installed assembly froze, now the land lord want's me to pay for the repair. The installer did not do quality work as relaiyed to me by the repairing plummer.

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

The Idaho law on landlord/lessor law is that the lessor must provide you with water, power and heat. If the new owner wants to do away with the internet due to whatever reason, that's his prerogative. You should speak to the new park manager and document the damage to the assembly and ask... Read more »

1 Answer | Asked in Adoption, Civil Rights, Domestic Violence and Family Law for Idaho on
Q: If cps hasn't shown up, and if the police have ignored all reports of my friends abuse, what other options do they have?

My friend is a 13 year old, soon to be 14 living in moscow idaho, and they have been experiencing terrible physical abuse, emotional abuse, and general neglect from their mother for a while now. Me, a friend, and a staff at the local youth center have all reached out to cps and police, but nothing... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

ONE thing you can NOT do, is take the law into your own hands. IF you try to take your friend away from the abuse, you will be arrested, and I'm sure you know that. However, you could convince your friend to go with you to the police to report the abuse he's been suffering. That might... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Idaho on
Q: A price was agreed on regarding purchase of a dog. I paid price. She won't give me the dog. Does she owe me the dog?

Original asking 200, I said I could not afford that. She asked what I could afford, I said my max limit was 100.00. she said she was okay with that. I said okay and paid the 100.00. she said she would deliver the dog. Several hours later she insisted I send her another 100 because she took dog to... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

She owes you $100, period. She proposed what we call a "counter offer," i.e., you get the dog if you pay $100 + cost of rehoming etc. This "counteroffer" was NOT accepted by you. The only offer and acceptance of that offer, was your acceptance of her offer to sell the dog to... Read more »

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: Change of child support

My ex and myself divorced she got a degree and remarried but refuses to go to work. Her husband makes more than 150,000.00 a year. Then against a Cort order moved 3000 miles away. She asked me if I was OK with this. I finally agreed if she would call child support services and have them stop... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

You should take her back to court to enforce the verbal agreement she made with you, re: child support in exchange for allowing her to move 3,000 miles away. Some courts would hold that this was an "agreement against public policy," because it is against the public policy of most states... Read more »

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