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Idaho Questions & Answers

1 Answer | Asked in Traffic Tickets for Idaho on

Q: Do I need a lawyer for a situation

Timur 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

1 Answer | Asked in Contracts for Idaho on

Q: If I have paid for the month in full, how can the owner of the self storage facility lock me out?

Bruce Alexander Minnick answered on May 17, 2019

They can't; and most do not. This leads me to suspect there is a whole lot more to this situation than you described.

1 Answer | Asked in Bankruptcy for Idaho on

Q: In a chapter 7 before discharge after 341 meeting can I finance a care without asking the trustees

I had my 341 meeting in April, last week the front end went out in my Jeep so I financed a cheap car now I am hearing contradictory information stating that it was ok that I did that and others saying I needed to ask permission first, which is true?

Stuart Nachbar answered on May 6, 2019

You should.always check with the trustee before doing that

1 Answer | Asked in Copyright and International Law for Idaho on

Q: Battle Angel Alita created in Japan 1990 Epic Stone Group registered "Battle Angel" 2012, sued Fox Studios 2019, valid?

This seems odd that a pre-existing property that pre-dates this copyright registration by an American company would be at any risk for legitimate lawsuit. How can an existing intellectual property be registered to a company whom has no legal contract or agreement with said owners, and furthermore... Read more »

Griffin Klema answered on May 3, 2019

You ask a very interesting question, but unfortunately, it is laden with too many factual issues to provide a clear answer. Your best bet is to study copyright infringement, and when derivative works are insufficiently indistinct from the original source material. There might also be contractual... Read more »

1 Answer | Asked in Criminal Law for Idaho on

Q: If a bond and restraining order was set does that mean you have been charged? Can they hold you on a complaint?

My husband was arrested the next day he was given 100,000 bond. His public defender said the only thing she has received is a complaint he has been in jail 8 days.

Kevin M Rogers answered on Apr 29, 2019

There are 2 types of restraining orders. One is typically called a CPO or Civil Protection Order. This is started by someone who swears under oath to a clerk of the court, usually in the clerk's office, that the man has threatened violence to her or her children or has battered her and/or her... Read more »

1 Answer | Asked in Real Estate Law for Idaho on

Q: How do we find out the building inspector on a house built in 2009? Also the name of previous owners insurance co.?

The roof does not come all the way to the edge and water is going down the walls and into the soffits. We have been told that the previous owner was aware of a problem, but it was not disclosed in the property condition disclosure form, and our inspector did not find the problem or inform us.... Read more »

Kevin M Rogers answered on Apr 29, 2019

All you need to do is go to the County Recorder's Dept. and look through the property records on file for that parcel.

1 Answer | Asked in Criminal Law for Idaho on

Q: If somebody calls the police and they say that somebody choked me and it goes to court and I don't want to testif bfore

preliminary hearing but prosecutor says I could go to jail if I don't testify. So I testify but what the witness is saying it's not how she saying it happened, a preliminary I said that he applied pressure and choke me but then I said I saw it coming so I held my breath and that's really what... Read more »

Kevin M Rogers answered on Apr 25, 2019

It could go several different ways, unfortunately All Bad for you.

First, the State will employ their cadre of so-called “victim witness coordinators” aka MAN HATERS, to speak to you, let you know of ALL the shitty, scary things that men can do to women. If that doesn’t work they...
Read more »

1 Answer | Asked in Criminal Law for Idaho on

Q: hello I need 3 precedents that there is no need for jury duty for a murder case. can you please help? its for a school

My government teacher told me that there is no need for jury instructions if the criminal confesses to the crime, which he did, and I need 3 precedents to prove my case to the class on how there is no need for jury instructions since he confessed. I can't find any precedents so I was wondering if I... Read more »

Gary Kollin answered on Apr 15, 2019

If it is for school., you are violating the honor code by asking someone to the eork for you

You may be lucky and neither your teacher nor a fellow student reads this.

1 Answer | Asked in Car Accidents and Wrongful Death for Idaho on

Q: Daughter died in motorcycle crash. She has 3 kids my other daughter and husband have custody and care of. Who files?

We want to get all we can for these orphaned kids. But I the mother would also like to sue for wrongful death. Comments. Kids are most important period.

Kurt Holzer answered on Apr 14, 2019

First, I am so sorry to hear of this tragic loss. As to the law, wrongful death claims in Idaho are controlled by Idaho Code section 5-311. Under that statute, the children and you as parent all have wrongful death claims that can be pursued. Generally claims can either be brought by the... Read more »

1 Answer | Asked in Business Law and Copyright for Idaho on

Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?

Michael Hales answered on Apr 11, 2019

You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

1 Answer | Asked in DUI / DWI and Constitutional Law for Idaho on

Q: Does being put on probation before a conviction infringe on my 14th amendment right?

Kevin M Rogers answered on Mar 30, 2019

Not automatically. If you’re a citizen of the United States you won’t give up the 14th Amendment rights you have simply by being convicted of a felony. However, to be certain that you haven’t been “required” to give up your 4th Amendment rights, particularly for drug crimes, by the court... Read more »

1 Answer | Asked in Consumer Law for Idaho on

Q: I bought a laptop from facebook, they advertised that it had 16 gigs of RAM when it only had 4.

Do i have any legal repercussion? I have tried to talk to them in facebook but they have blocked both me and my husband after selling it to us.

Michael Hales answered on Mar 28, 2019

You might want to bring a small claims action against them if it's worth the time.

1 Answer | Asked in Divorce for Idaho on

Q: I'm staying home mom homeschooling my children. Will the court require me to find a day job when going through a divorce

We plan to divorce with an agreement about our assets. I may have a few hundred thousand in assets but I don't work at this time. I have an online business that doesn't bring serious money yet. I'm working on it. I would like to continue homeschooling my boys and I would like to know how the court... Read more »

Kevin M Rogers answered on Mar 24, 2019

Child support and custody are thE two issues in any divorce. If the Court asked you, "maam, what is your monthly income?" What would you say? Are you treating the "settlement money" like an annuity? I.e., taking a monthly sum every month? The Court will want to so a CS calculation, because... Read more »

1 Answer | Asked in Divorce for Idaho on

Q: Idaho divorce; House purchased during marriage. One party used traceable money from an inheritance to make down paymen

Documentable tax forms show that the purchase was made using separate property (inheritance) from one spouse to make the down payment. The house is 50-50% otherwise in community property state. Both spouses are on the title. Is the down payment made using inheritance money deductible from the... Read more »

Kevin M Rogers answered on Mar 24, 2019

Yes. As long as it is strictly traceable and NEVER commingled.

1 Answer | Asked in Criminal Law for Idaho on

Q: How is the mens rea requirment affected by crimes imposing strict liability?

Kevin M Rogers answered on Mar 23, 2019

There is no mens rea for strict liability crimes. Nobody asks “did you intend to run the stop sign,” you either DID or you DIDN’T. Anything more serious however, requires a progressingly more guilty mind, upto the crime of 1st Degree Murder, which requires the State to prove that the actor... Read more »

1 Answer | Asked in Criminal Law and Probate for Idaho on

Q: How long does it take to get a revocation hearing for abscounding

My husband was recently picked up in montana and is waiting for extradition back to idaho how trying ti figure out how long it will take before he gets a revocation hearing for absconding his parole

Kevin M Rogers answered on Mar 16, 2019

As soon as you are back in Idaho, your next hearing will be your initial arraignment hearing, probably the next day. Your District Court Arraignment will be set in the following 14 days and you will have your District Court Arraignment on your PV. The Court will then set your Admit/Deny Hearing... Read more »

1 Answer | Asked in Car Accidents for Idaho on

Q: My step dad was in a car accident he was hit by a lady I took fall for him since the lady and her husband said it was ok

Their insurance needs a statement from me of the accident what can happen to me if I do give it? Can I go to court for not giving their car insurance a statement? Or for lying ?

Kevin M Rogers answered on Mar 14, 2019

You really ought to think about using punctuation in your sentences. I understand the question except when you say "I took fall for him," do you mean that you were trying to keep your step dad from having to write a statement about the accident, so YOU pretended that you had been your step dad?... Read more »

1 Answer | Asked in Family Law and Animal / Dog Law for Idaho on

Q: My sister abandoned her dog and she called the police and said that I'm holding her dog against her

In November 2018 my sister move with me to Idaho a month later she moved back to California and she moved in a motel room she left her dog and I told her that we was going to bring her dog back to her but it's been raining and it's been snowing in Idaho and I told her if she wait to the snow clear... Read more »

Kevin M Rogers answered on Mar 14, 2019

Your sister is full of it. You don't need to give her dog back, she abandoned it. 90 days, whether or not it is raining or snowing, is plenty of time to come get a dog that you claim you want back. So, if you don't want the dog, just take it to the pound and tell sister that I DARE HER to sue... Read more »

1 Answer | Asked in Child Custody and Child Support for Idaho on

Q: If my wife has 50/50 custody but only actually takes <20% custody, can I get out of paying child support?

My wife and I are legally separated, I pay her monthly for child support based on 50/50 custody, The children live with me full time and the only time my wife accepts custody is when I am out of town for work. She takes the custody in my home watching the children. In the last 6+ months that has... Read more »

Kevin M Rogers answered on Mar 14, 2019

Everything you have stated tells me that there is NO court order for child support, correct? If there is NO order then you would have a case in Small Claims Court to get back the difference between what you've actually paid and what the child support calculator says, but a different judge MIGHT... Read more »

1 Answer | Asked in Divorce for Idaho on

Q: Helping my cousin who lives in Idaho for 5 years now but he wants a Divorce and she lives in Texas, where do I file?

Married in Idaho, Moved to Texas, I moved back to Idaho with our Children.

Kevin M Rogers answered on Mar 14, 2019

Are there children involved? That answer would dictate where to file anything. If there are NO children between them then just file in Idaho. Idaho only requires the Plaintiff's residence to be in Idaho for at least 6 weeks prior to the filing.

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