Idaho Questions & Answers by Practice Area

Idaho Questions & Answers

Q: Filed ch 13 recently but case has not confirmed yet. We're wanting to sell our home and use the equity

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Sep 16, 2018
Timothy Denison's answer
Make a motion to voluntarily dismiss the bankruptcy and then you will be free to do so.

Q: Can I renew my license with the I-797 notice action in Idaho?

1 Answer | Asked in Immigration Law for Idaho on
Answered on Sep 13, 2018
Jordan C. Moody's answer
The I-797 notice of action is the same title for all government receipts, so more information is needed. Reach out to an attorney in your area. Some of them offer free consultations. This answer will depend on the type of application you have filed.

Q: 3 kids home alone all under 7 yrs. old, Only 1 child survived. No charges were filed. 1yr later the survivor tells her

1 Answer | Asked in Criminal Law and Wrongful Death for Idaho on
Answered on Sep 11, 2018
Peter Munsing's answer
Not generally--it's a likelihood of imminent harm that triggers it. Unless the survivor is a minor and is at risk, I don't see it and at this point you know and you may report it if the survivor is still a minor.

Q: Can trustee come after our home almost a year after the BK discharge? Is there no statute of limitation?

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Aug 31, 2018
Timothy Denison's answer
You need to hire a competent bankruptcy attorney to defend this action. If there was no fraud on your part or on the petition, you can likely prevail.

Q: Does Idaho follow meritime laws or laws of the republic?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Aug 21, 2018
John Bulger's answer
Idaho follows the laws promulgated by its legislature. If you are hoping to challenge a court’s jurisdiction over you premised on maritime or other laws, you will be wasting your time.

Q: Can gossiping be considered working in hostile enviroment. If it both me to the point go seek medical help to cope

1 Answer | Asked in Employment Discrimination and Employment Law for Idaho on
Answered on Aug 20, 2018
Michael Hales' answer
If it's sufficiently severe, then yes, it would be actionable. The question is whether the gossiping would be objectively hostile. You'll want to review the facts with an attorney.

Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Answered on Aug 3, 2018
Michael Hales' answer
There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

Q: I have a property in idaho that I bought 16 years ago. Prior it was owned by another family for at least 40 years.

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Jul 30, 2018
Mark R Petersen's answer
Idaho law recognizes fences that have been the boundary of adjoining properties for a long period of time as the property line. To establish fence line and property ownership there must be a (1) disputed boundary, (2) uncertainty or ignorance of the true boundary line, (3) and an agreement establishing a boundary that is recognized between the parties.

Payment of property taxes is not required.

The property line agreement may be established by direct evidence, or it can be...

Q: Should I obtain a lawyer in Ca. or Idaho ?

1 Answer | Asked in Family Law, Civil Litigation, Elder Law and White Collar Crime for Idaho on
Answered on Jul 30, 2018
Mark R Petersen's answer
If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.

Determination of jurisdiction and the ability to serve an out of state resident with a Summons can be tricky. As a result, I would highly suggest you meet with an attorney and review the facts to make a final determination if jurisdiction...

Q: My ex has our house from the divorce in April 2018. My name is still on the mortgage. He has started remodeling.

1 Answer | Asked in Divorce for Idaho on
Answered on Jul 30, 2018
Mark R Petersen's answer
It will depend on the language in your decree of divorce. If the decree of divorce gives the property to him outright then he would have the right to remodel the home because it is now his property. If he is required to refinance the home and clear your name off the property, he probably should wait to remodel until after completing the refinance. However, if the decree has not specific language that prohibits his use of the home, then he most likely does not need your consent to remodel.

Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Answered on Jul 25, 2018
Peter Munsing's answer
Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.

Q: Can a landlord charge me for damages that were not mine.

1 Answer | Asked in Landlord - Tenant for Idaho on
Answered on Jul 16, 2018
Salim U. Shaikh's answer
If you document all such damages existed prior to your move in and moved out in the same position then you may sue for return of your deposit giving them 30 days time to refund voluntarily at your given address. If this is not done, you have full right to claim your deposit in double, cost for suit and other damages through Small Claims Court.

Q: i have been charged with delivery of a controlled substance but but there is no physical evidence.

1 Answer | Asked in Criminal Law and Federal Crimes for Idaho on
Answered on Jul 12, 2018
Gary Kollin's answer
Obviously the prosecutor disagrees.

Time toaster up

Q: Can the tow company hold your personal possessions or charge you for your personal possessions

1 Answer | Asked in Car Accidents for Idaho on
Answered on Jun 29, 2018
Peter Munsing's answer
Generally no. Complain to the police, whoever licenses them. Then make a mental note to organize around consumer rights. Towing is a legal ripoff.

Q: Need understanding of "it shall be painted a color other than..." - does that mean every trace of original color gone?

1 Answer | Asked in Traffic Tickets for Idaho on
Answered on Jun 22, 2018
Kevin M Rogers' answer
As I read the statute you refer to I think it depends on HOW different your paint job looks from the original yellow. Every cop has discretion to or not to make a big deal, not to write a ticket, or to write one and even if you're technically correct, you'll still be sorry if you get a ticket because you'll have to come to court and fight it. Be safe, it's just paint!

Q: If paid, will a lawyer make a phone call on your behalf to potentially resolve a dispute before legal action is needed?

1 Answer | Asked in Child Custody for Idaho on
Answered on Jun 22, 2018
Kevin M Rogers' answer
Absolutely! But the lawyer will refuse to represent to the person he calls, that he will take action or that he's been "retained," so it's arguable what good a phone call like that, even from a lawyer would do.

Q: In the state of Idaho. Is a custody petition legally binding once it’s been filed and served to the petitioner.

1 Answer | Asked in Child Custody for Idaho on
Answered on Jun 22, 2018
Kevin M Rogers' answer
A "Petition" is simply you asking the court to do something. That's it. Nothing has been done by just filing a Petition for anything. If the father of the child has established "rights" in visitation and simply wants to exercise his rights, the mother should allow him to. If the father has never established legal rights to see the boy through the courts, then taking the son from the mother without her consent is a crime. Its called "child custody interference."

Q: Will taking my ex to court for full while he is away make me look bad?

1 Answer | Asked in Child Custody and Civil Rights for Idaho on
Answered on Jun 22, 2018
Kevin M Rogers' answer
In order to get full custody, or any change in previous orders for custody you must show the Court that since the time of the last order there have been changes in you, in the father, in the amount of time each spends with the children, violence etc. and those changes in circumstances have to be significant and ongoing. It won't look bad if you file while he's away, you just might want to wait till he comes back so you can serve him though. You could file while he's away but the court won't...

Q: Store got license plate after I cops r at door. Should I answer?

1 Answer | Asked in Criminal Law for Idaho on
Answered on Jun 21, 2018
Kevin M Rogers' answer
It depends. Do you want to be arrested or summoned? I realize that your question was asked 3 weeks ago and that whatever happened happened, but perhaps for the benefit of others, let me tell you that MOST of the time when someone is cited and/or arrested for shoplifting, the police officer utilizes his discretion and DOES NOT take the individual to jail but writes a citation and releases them. If the police come to the door and have enough information to come to your house and you DON'T let...

Q: Is it ok for the judge to say "well what do you want me to do hes a danger to himself the community hes a meth head."

1 Answer | Asked in Family Law and Juvenile Law for Idaho on
Answered on Jun 21, 2018
Kevin M Rogers' answer
A judge has a lot of latitude to say what he feels will impact someone he is speaking to or sentencing or ruling on a request for ROR or lowered bond etc. Judges have an ethical duty to be courteous and to treat every person who comes before the court with dignity.

It sounds from your question as if the court is actually speaking to the parents? of the youth?

As far as filing a complaint,...

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