Idaho Questions & Answers by Practice Area


Idaho Questions & Answers

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.
View Details »

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
View Details »

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.
View Details »

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!
View Details »

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...
View Details »

Q: Store got license plate after I shoplifted.now 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.

https://judicialcouncil.idaho.gov/pdf/Idaho_Code_Judicial_Conduct_06_17.pdf

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

As far as filing a complaint,...

Q: When is it prudent to threaten or proceed with foreclosure due to delinquent HOA Fees?

1 Answer | Asked in Foreclosure for Idaho on
Answered on Jun 21, 2018
Kevin M Rogers' answer
Homeowner's HOA fees are enforceable in court and attorney fees may be awarded pursuant to the HOA Agreement as well as Idaho Code. Enforcement of the HOA lien recorded for the purpose of clouding the title as also valid and if it is necessary to enforce the lien to recover HOA fees, there too attorney fees may be recovers. Whether threat of foreclosure to collect these fees is "prudent" or not is a matter of taste. A lawyer may not threaten to do something he has no legal right to do and/or...
View Details »

Q: Was driving a company car and got in an accident - will the other driver sue me or my company?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Jun 15, 2018
Kurt Holzer's answer
Not all collisions end in a lawsuit. I am assuming that you were the person who made the mistake and caused the collision. If that is true the injured person has the right to bring the claim against you, or if you were "within the course and scope" of your employment, your employer. Many time a claim is made against both. The important question is what insurance is applicable to the car at the time you were driving it. The best thing for you to do is simply report the incident to your...

Q: My friend was beat, robbed, held at gunpoint , home broken into. I-918 needs signed. Cops won't sign..WHY??

1 Answer | Asked in Immigration Law for Idaho on
Answered on May 30, 2018
Carl Shusterman's answer
Your friend should meet with an immigration attorney who is experienced in U visas.

Q: For the U Visa I'm having the local law enforcement sign I-918 form!! I would greatly appreciate it if I could get help

2 Answers | Asked in Immigration Law for Idaho on
Answered on May 30, 2018
Carl Shusterman's answer
If law enforcement will not sign the I-918, you are ineligible for a U visa.

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...

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

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....

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...

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...

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.