Idaho Questions & Answers by Practice Area

Idaho Questions & Answers

Q: can a person with no amercian citizenship visit a incarcerated?

1 Answer | Asked in Family Law, Immigration Law and Criminal Law for Idaho on
Answered on Sep 28, 2017

That's going to depend on what identification documents the prison will accept. Call the prison where your boyfriend is being held and ask them what forms of ID would be accepted for visits. A foreign passport should be sufficient for them.
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Q: There is a company in idaho that handles communications for inmates currently incarcerated, they breach their terms

1 Answer | Asked in Consumer Law, Products Liability, Tax Law and Banking for Idaho on
Answered on Sep 11, 2017

Contact the Idaho Civil Liberties Union and ask if they have a prison rights division --this has been litigated.

Depending on charges, you may find it easier to get your family or whoever you call an 800 number so you can call free.
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Q: why can't I get an official patent award for this patent 20050185327

1 Answer | Asked in Intellectual Property for Idaho on
Answered on Aug 30, 2017

This is an issued patent # 7312950. It is expired since the maintenance fees were not paid. You should be able to download the patent by looking up this number. Good luck.
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Q: Can I apply for asylum if I change my religion while in the United States

1 Answer | Asked in Immigration Law for Idaho on
Answered on Aug 22, 2017

Yes. You will not need to worry about the one year deadline because of a change of circumstances, and because you are in current lawful status. Consult an immigration lawyer for specific direction based on your specific case.
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Q: Am I at fault if a car hits me, and then I hit the car in front of me?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Jul 21, 2017

Your fault (if any) depends on the particular facts and circumstances. If you were stopped or driving at a safe distance from the vehicle in front of you, there would not appear to be fault assessed against you. The driver behind you may claim that you stopped short or abruptly. You should consult with a local personal injury attorney about your respective rights and appropriate courses of action. Good luck.
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Q: What is adjustment of status?

1 Answer | Asked in Immigration Law for Idaho on
Answered on Jun 23, 2017

Adjustment of status is when a non-immigrant visa holder "adjusts status" to that of a legal permanent resident, or green card holder. An example would be a student visa holder marrying a U.S. citizen and "adjusting status" to that of a legal permanent resident green card holder, based on their marriage to a U.S. citizen. Adjustment of status is not to be confused with a "change of status" which is when a non-immigrant visa holder changes status to that of another non-immigrant visa. In other...
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Q: My dad was involved in a work accident where his boss and him got drunk and my dad later went back to work drunk and

1 Answer | Asked in Personal Injury, Criminal Law and Workers' Compensation for Idaho on
Answered on Jun 9, 2017

Probably way too late. However he can get his comp. Criminal and civil statutes of limitation.
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Q: is posting an article from another webpage with a link to that page, copyright infringement?

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Answered on Apr 26, 2017

Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a reasonable settlement number or what courts have awarded in the past, you'd have to provide more information about the nature and circumstances of the infringement.

If the work was not registered with...
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Q: If you file for bankruptcy is that info available to the public?

1 Answer | Asked in Bankruptcy for Idaho on
Answered on Apr 24, 2017

Yes. It is public record that you have filed. Anyone with a pacer account or who wants to go to the courthouse can view not only the fact that you filed but your schedules as well. Bankruptcy filings are not typically reported in your local paper (you can check and see) unless you are famous or infamous. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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Q: Is the local police force in my town required to work with ICE?

2 Answers | Asked in Immigration Law for Idaho on
Answered on Apr 20, 2017

Local law enforcement can choose to work with ICE, but they can also choose not to. States and municipalities do not have any obligation to enforce federal laws, including immigration enforcement. It will depend on your local law enforcement's policy.
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Q: If you win an injury case do you get all the money at once?

2 Answers | Asked in Personal Injury for Idaho on
Answered on Apr 14, 2017

Typically that is how the court orders payment from the defendant to the plaintiff. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: If I am 50% owner in a LLC and my partner dies, can the widow of the company get anything from me if I give her the LLC?

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Mar 27, 2017

That depends entirely on the terms of your LLC "operating agreement," but those corporate formation documents (and LLC laws generally) typically shield members and owners of an LLC from all personal liability.
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Q: My husband broke several bones when a store door unexpectedly closed on his hand.

1 Answer | Asked in Personal Injury for Idaho on
Answered on Mar 11, 2017

Possibly if it had a defective closing damper or maladjusted one. Contact a member of the Idaho Trial Lawyers Assn--they give fee consults.
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Q: Can we sue "AcceptanceNow" in small claims?

1 Answer | Asked in Consumer Law for Idaho on
Answered on Mar 1, 2017

You can file a small claims action in Idaho for up to $5,000 without an attorney. Based on the facts you allege, your claims would be for breach of contract and misrepresentation/fraud. It would be important to allege that the 90-day price point increase was not set forth in the rental contract and was told to you, orally, falsely. Note that the prior online reviews are hearsay, likely inadmissble as relevant to reputation, but possibly within an exception for motive or plan.
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Q: My British Company has been hired to host an event in the US. Will we need work visas?

1 Answer | Asked in Immigration Law for Idaho on
Answered on Feb 20, 2017

When will this take place, and who is the U.S. company contracting you? How big is the core team? Two weeks is a very short time, so you might just look at a way to use the ESTA program. For something bullet-proof, you might want to do P visas if we can classify your core group as an "entertainment group." Definitely consult an immigration attorney.
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Q: Moving expenses to report

1 Answer | Asked in Tax Law for Idaho on
Answered on Feb 15, 2017

This question gets a little tricky and depends on an employer's policies. To figure out whether reimbursed moving expenses were taxable in the first place, you're going to need to refer to IRS publication 521. If an employer repaid an employee according to what's called an "accountable plan," (where you properly account for, document, and report your expenses to your employer), then they would report the amount on Box 12 of your W-2. In this case, it is NOT taxable to the taxpayer. However,...
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Q: Can I evict my tenant in winter for non payment of rent?

1 Answer | Asked in Landlord - Tenant for Idaho on
Answered on Feb 2, 2017

Assuming you follow all of the notice to quit and related procedures, you probably can--but check with a local attorney to see if that's the law in your state and county.
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Q: Is there a statute of limitations that a victim can still sue their offender in civil court?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Feb 2, 2017

Tell the DA about the nonpayment of resitution. They have a strong lever. I believe you cannot sue him, as I believe the statute of limitations is two years if you were an adult when it happened. But I'd suggest you contact a member of the Idaho Trial Lawyers Assn--they give free consults.

On the PTSD, if I may suggest consider something called EMDR. It's a way of helping people that's not standard couch therapy, doesn't require drugs, and usually works within 2-3 session. Google "EMDR...
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Q: What does it mean if you get a notice to appear in immigration court?

2 Answers | Asked in Immigration Law for Idaho on
Answered on Jan 26, 2017

It means the Department of Homeland Security believes that you are in the United States without valid status and is seeking to remove you from the United States. This is called removal proceedings. You should contact an immigration attorney (preferably an AILA member) to evaluate a proper defense (asylum, adjustment of status, cancellation, etc) and represent you before the immigration judge.
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Q: i have a business in idaho, and selling to a company in oregon for them to retail, do i need a foriegn entity for oregon

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Jan 16, 2017

Shipping merchandise to OR is not considered doing business in that state, so registering as a "foreign" corporation is not necessary.
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