My question is in regards to idaho legislative statute 18-310 (2). My felony is not listed under the list of charges that disqualify you from immediate restoration of 2a rights
answered on Mar 2, 2023
If you have completed your probation, you may be eligible to have your firearm rights restored. However, the process and requirements for restoration of firearm rights vary by state. You should check the laws of your specific state to determine the process and requirements for restoring your... Read more »
I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... Read more »
answered on Jan 26, 2023
The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... Read more »
answered on Jan 26, 2023
This is a good time to learn about Idaho and the 4th Amendment to the US Constitution. A police officer has been endowed with a limited amount of discretion. He is not required to ticket someone for the "reasonable suspicion" reason that he pulled him over for, but he should if he wants... Read more »
Have a criminal charge stemming from a really bad traffic stop call. The whole traffic stop threw arrest and release and still going and being monitored have been very poorly handled and quite frankly very qurationble have CT datw 12-12 2022 and my defense lawyer passed away
answered on Jan 2, 2023
You need to do the following:
1. Determine whether the offending officer was a Boise City cop; or an Idaho State Trooper. This is important because you can look up the "Idaho Tort Claims Act," and it says you only have 180 days from the day you "should have been able to... Read more »
My friend is a 13 year old, soon to be 14 living in moscow idaho, and they have been experiencing terrible physical abuse, emotional abuse, and general neglect from their mother for a while now. Me, a friend, and a staff at the local youth center have all reached out to cps and police, but nothing... Read more »
answered on Dec 28, 2022
ONE thing you can NOT do, is take the law into your own hands. IF you try to take your friend away from the abuse, you will be arrested, and I'm sure you know that. However, you could convince your friend to go with you to the police to report the abuse he's been suffering. That might... Read more »
blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.
answered on Sep 9, 2022
There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.
Idaho also as adopted a .08 level of alcohol so as... Read more »
He searches my car, on a hunch he says, even though the stop was for speeding, he finds nothing in my car. The passenger was searched after that, and then booked into jail on a drug possession charge.
I was never ticketed even though the officer pulled me over for "speeding", and... Read more »
answered on Sep 9, 2022
Police have the right to pull you over, if they get information from Dispatch or their CAD system, telling them that you are suspended or not licensed or if they see (or say they see) you commit a traffic infraction. I file Motions to Suppress, whenever I see a report and the cop SAYS he saw a... Read more »
The cop asked to search my car, I said no my dad just did for 30 mins and found nothing. My mom pulls up along with my ex husband. Cop is off to the side talking to ex & magically my mom pulls out paraphernalia "from my car" in 10 seconds and starts going crazy. Ex says "Its my... Read more »
answered on Mar 14, 2022
First of all, if you would use a few commas, and periods, in your question, if would be much easier to decipher what you're asking. However, let me see if I can restate what your question is: you were pulled over, while driving your father's vehicle? Officer asks your permission to... Read more »
My home for 75000 with it still in my name. Prior to this I had it sold until landlord interfered and realtor eventually had to pull away because of his interface and she became scared of him and I have emails stating this. What can I do ? Cuz no one in my small town will help me.
answered on Feb 17, 2022
Let me make sure I understand your facts:
1. You owned a manufactured home and leased the land underneath it?
2. You offered to sell your M home but the ex landlord interfered with the sale of it and now the realtor you had won't list your property because she is now afraid... Read more »
I got pulled over driving with suspended
Police ran a drug dog and it hit on passenger said, they searched and nothing (known ex dealer) I had both my babies in car . They then took me to jail and book and release only to return to my car and no phone, no idea what was taken, no clue they... Read more »
answered on Oct 1, 2021
Police can legally hold "evidence of a crime," for a long as it takes for them to prosecute the passenger and convict him AND for his appeal time (42 days) to run. After that, it should just take a phone call to the Sheriff's Property Locker, for you to retrieve your phone. Be... Read more »
No one responds. No one will help. There are hundreds that that need help and no one gets back to us.
answered on Jul 25, 2021
An Idaho attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal - one option could be to search for attorneys online, or you could use the Find-a-Lawyer tab above. Your post covers a number of different categories, but you mention the Department... Read more »
Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtain a search warrant? Can a police officer just tell a judge that he believes illegal activity is going on at so and so's residence with no basis or evidence for probable cause?
answered on Jun 18, 2021
Yes you have the absolute right to know exactly what the police had given the judge before asking the judge to issue a search warrant. Your lawyer will make a Request for Discovery to the State. The State will send your lawyer the Affidavit of Probable Cause, which was typed up and given to the... Read more »
Also was made to urinate in public after I told officer it made me uncomfortable then he watched me pee after he’d already searched me but said it was to make sure I didn’t try to get rid of anything.
answered on Jun 3, 2021
Hi, I'm sure someone else will probably ask you to clarify your question, but let me first ask you to ask it more clearly please? IF I understand your question, you said that you were arrested? For what were you arrested? In a car? Park? While walking?
Second question:... Read more »
In 2017. According to state law 18-301 these rights should have been restored after my successful probation. a post-conviction restoration of civil rights under State law. In accordance with 18 U.S.C. § 921(a)(20), a conviction does not disqualify an individual from possessing firearms if the... Read more »
answered on Sep 22, 2020
An Idaho attorney would know this best, but your post remains open for two weeks. As a general matter, you could check the signage. As a GENERAL matter, bus lanes sometimes have times during which the restrictions to regular vehicles apply. Good luck
It was placed on me by a girl friend who resides at the home with her mom.who both take care of the home owned by a mutual friend.mom is 57 girl friend 37.bannock county,
answered on Sep 6, 2020
You're an invited guest. Your "permission" my be fluid, so don't push it. There's no such thing as abolishing permission revoked. It may be given and taken away fluidly. Be careful!
with a notice of service of interrogatories and request for production and request for admissions for his money in the amount of $20,100 he is unable to read English and send me the papers but by the time I got it the 30 days have been passed can we appeal this decision and how? Is it unfair... Read more »
answered on Sep 1, 2020
Yes, you can call the person whose name is on the notice you received. Ask them for additional time. They should grant you additional time to fill out the Interrogatories to him. They will typically request a "fee" of a percentage or a dollar amount in order to allow your husband to... Read more »
If a passenger is told he is free to go given the key to the vehicle as the driver is under arrest, after a traffic stop, then the officer comes back and asks before the subject leaves if he can search the subject. The subject gives consent to do a “terry pat” (Pat in outside of clothing for... Read more »
answered on Jul 28, 2020
Hello, make sure you correct me if I summarize the facts wrong. So, the passenger is told by police that he is free to leave because the driver is being detained? The passenger then doesn't leave? Why not? Did the officer run up to the window and say, "hey, I want to search you or... Read more »
Police pulled over a vehicle with 2 individuals, the driver of the vehicles was detained on driving with out a license. A drug dog ran the car 3 times with no hit. The police told the passenger he was free to go, but then asked if they could search the passenger, passenger states a “terry pat”... Read more »
answered on Jul 28, 2020
Kind of a weird answer for the passenger to give the cop I'd say, but I would definitely file a Motion to Suppress anything found on the passenger since the cop went ahead and denied a
"Terry" pat down and went ahead with a full-blown search without probable cause.
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.