Idaho Questions & Answers by Practice Area


Idaho Questions & Answers

Q: My Fiance wants to give up rights to 4 of his 6 children but wants to adopt my 5 year old. Will he still be able to?

1 Answer | Asked in Family Law and Adoption for Idaho on
Answered on May 24, 2018
Kevin M Rogers' answer
That's a really good question. Adoption is not a misterial act by a judge. It requires a Petition for adoption and the Magistrate WILL examine the Petition, which includes all kinds of information and the question probably will come up at some point: why would you want to adopt someone else's children but refuse to support and love your own? Moreover, a natural parent is legally unable to voluntarily give up the support of his natural children unless there is a new man in the picture...
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Q: I need help on my husband's 3 felony charges in 2 different counties by same officer. But I've seen so many faults and

1 Answer | Asked in Criminal Law for Idaho on
Answered on May 24, 2018
Kevin M Rogers' answer
I am available for consultation. Please call me. 208-805-9880
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Q: My son has 2 criminal complaints filed against him but neither the court or sheriff dept will disclose any info. Why?

1 Answer | Asked in Criminal Law and Federal Crimes for Idaho on
Answered on May 15, 2018
Kevin M Rogers' answer
In Idaho and a growing number of jurisdictions, the courts have changed systems to the new, so called "icourt" system. If actual charges have been filed then there will be generated a case number. Once the case number has been assigned you should be able to look up your son's case number(s) and see:

1. The nature of the charges

2. The assigned magistrate

3. Any court dates scheduled

This should be available JUST as quickly as a case number is assigned....
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Q: How much does my ex husband girlfriend have rights over our children if he leaves the state longer then 6 months

1 Answer | Asked in Family Law for Idaho on
Answered on May 15, 2018
Kevin M Rogers' answer
Your ex-husband is obviously a jerk and you're lucky to be free of him. His girl friend is also less than a lady. She has absolutely NO PARENTAL RIGHTS WHATSOEVER to those kids, period. You have NO obligation to let her have them on "his time," and no Magistrate will ever hold you in contempt for failing to let some stranger watch your children on HIS time rather than let you have the kids in that situation. Remember that as long as nobody complains about not adhering to the Divorce Decree...
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Q: Someone has texted me calling me very horrible foul names and has degraded my character and who i am as a person..

1 Answer | Asked in Personal Injury, Civil Rights and Communications Law for Idaho on
Answered on May 15, 2018
Kevin M Rogers' answer
The person who texted you is welcome to say what they think about you, once. They don't commit a crime unless they text you again after texting them to "NEVER TEXT ME AGAIN." If they text you again, they have committed the crime of "disturbing the peace," Idaho Code 18-6409. If they copy the text they sent you and send it to anyone else, they are committing "slander." "Slander" is defined as an UNtrue statement about you, communicated to anyone else. If you hear from a friend that such a...
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Q: I want to move to idaho, but I have a juvenile sex case that I successfully completed. Am I required to register there?

1 Answer | Asked in Juvenile Law for Idaho on
Answered on May 15, 2018
Kevin M Rogers' answer
Hello,

I am having to assume that your "juvenile sex case" is a register(able) offense, were it an adult offense. Your question stresses "that I successfully completed." Do you mean by this that you completed juvenile probation? Or, perhaps that you were granted a Withheld Judgment or a Diversion? Were you prosecuted as an adult or juvenile? What state were you prosecuted in? If you would like me to answer your question please provide a bit more specificity to your question.
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Q: If someone I contract out with hires illegal aliens, am I going to get prosecuted?

1 Answer | Asked in Immigration Law for Idaho on
Answered on May 10, 2018
Carl Shusterman's answer
Possibly. Not a good idea.
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Q: I'm on an I type visa and would like to get a driver's licence in the state of idaho.Is it possible? Thanks.

1 Answer | Asked in Immigration Law for Idaho on
Answered on May 10, 2018
Carl Shusterman's answer
You are on an I visa? If so, you should be able to get a drivers license. Speak with the motor vehicles department in Idaho.
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Q: Are there worse penalties if your blood alcohol test is high?

3 Answers | Asked in DUI / DWI for Idaho on
Answered on Apr 30, 2018
Jeffery Nona's answer
If your blood alcohol comes back as excessive there are additional penalties. In Idaho an excessive BAC is 0.20 or higher. You can read the statue here https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch80/sect18-8004c/
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Q: What is the law for having a treasure hunt to win cash prizes when the clues to find it are paid for?

1 Answer | Asked in Business Law for Idaho on
Answered on Apr 17, 2018
Michael Hales' answer
This is kind of a tough one because it really depends on the scope of the project. I imagine that advertising, registration, and consumer laws will all come into play. I'd recommend discussing this with an attorney to get a detailed answer.

Q: cell insurance doesnt have my phone, gave me option of upgraded model but says my deduct will go up by 125.00 can they

1 Answer | Asked in Consumer Law and Contracts for Idaho on
Answered on Apr 2, 2018
Christian Lassen's answer
We would have to review the policy in order to provide meaningful answers

Q: Who is responsible when suing an LLC?

1 Answer | Asked in Business Law and Contracts for Idaho on
Answered on Mar 28, 2018
Michael Hales' answer
The prior owners will be responsible, but the new ones may be as well depending on the sales agreement when they purchased the business. You may want to talk to an attorney who can review all the facts of your situation.

Q: I've done a job for 7 years and now they are saying they require a bachelors degree. It is a contract position. Help

1 Answer | Asked in Employment Discrimination for Idaho on
Answered on Mar 19, 2018
Jeffrey Hepworth's answer
The answer to your question requires more information about your particular job and the nature of your employment, such as when your contract expires. As a general matter, it is not necessarily illegal to change the job requirements/description of a position if done in good faith. However, it would be illegal if your employer is changing the job requirements as a cover for some other form of discrimination, such as age, race, gender, or in retaliation for some other reason. You may want to...

Q: What should I be aware of and documenting if I feel I'm being discriminated against because of my age?

1 Answer | Asked in Employment Discrimination for Idaho on
Answered on Mar 19, 2018
Jeffrey Hepworth's answer
The short answer to your question is that you should be documenting EVERYTHING. If litigation becomes necessary, it is helpful to show the totality of instances where you believe you are being discriminated against. Important evidence can include comments where your managers/supervisors/co-workers make fun of your age, or speak badly about it (even if some might have been only "joking"). It's also helpful to show instances where those younger than you are given preferential treatment. If you...

Q: Can I go back to the insurance company and renegotiate my settlement - am finding the money doesn't cover care.

1 Answer | Asked in Personal Injury for Idaho on
Answered on Mar 16, 2018
Kurt Holzer's answer
Generally speaking the answer is no. The whole point if a settlement is that you release the claim. Insurance companies often try to get people to settle for less than a claim is worth and that is one of the reasons to have a good attorney involved in evaluating your case in the first place. There is some Idaho law that will allow a person to rescind a prior settlement in very limited circumstances.

Q: buying a business, I was informed the seller owes money to last owner, how does that affect me?

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Mar 9, 2018
Michael Hales' answer
It will effect you if you buy the business along with its current obligations. For this reason, it's important to structure the sale so that it protects you against claims directed at the former owner.

Q: My chiro wants to charge me double for past services if I leave and stop payments. According to them, no contract on fil

1 Answer | Asked in Contracts for Idaho on
Answered on Mar 9, 2018
Michael Hales' answer
Depending on the amount of money involved, I'd recommend just working this out with the office. I assume that their argument is that they gave you a discount for a long-term service agreement, but without any writing, this will be difficult for either side to prove, leaving you with the obligation to pay a pair fee.

Q: Here is a real case. . A surgeon promised a patient that she had a “0% chance of death” prior to surgery in relation

1 Answer | Asked in Medical Malpractice and Wrongful Death for Idaho on
Answered on Mar 5, 2018
Peter Munsing's answer
The case should be reviewed by a member of the Idaho Assn for Justice who handles medical cases--they give free consults.

Q: Do I have to sign a disclaimer of interest on my mothers estate/probate in FL? And if I don't what will happen?

1 Answer | Asked in Probate for Idaho on
Answered on Mar 1, 2018
Michael Hales' answer
This is interesting since I'm licensed in Idaho and Florida. Although I haven't done a lot of probate work, it seems that there are a couple of red flags here. I'd recommend having your own attorney review the progress of the case thus far. If you need a referral for an attorney in Florida, let me know.

Q: Can an employer require you do pre-work for the day, off the clock and not start paying until a first assignment?

1 Answer | Asked in Employment Law for Idaho on
Answered on Feb 27, 2018
J. Grady Hepworth's answer
Your question is complex and to answer it more directly would require more information. The answer may depend on whether you are an independent contractor or an employee. However, if you are an employee and your employer "requires" this work to be done, it may be a violation of the Fair Labor Standards Act for them to not allow you to clock in. There is an instructive Ninth Circuit case named Ballaris v. Wacker Siltronic Corp. that helps explain the elements of this claim. I would strongly...

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