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Idaho Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Idaho on
Q: What are the chances of beating 2 L & L charges

You will have to hear the whole situation just to be able to answer this question. But the base is my oldest screamed rape just so she don't have to move. There is a witness to her even stating that is the only reason why she said what she said. The cops even arrested him and forced him to... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

Are you writing as the child's mother? I got a little confused when you mentioned "him." In my book, there is NOTHING worse than an adult male abusing an underage female, period. That is, except a female who would manufacture a charge as serious, as heinous and hideous as lewd... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Idaho on
Q: prosecuting attorney hasn’t contacted me to let me know what’s happening with my case. do i need my own lawyer?

i filed a police report against my ex because she kicked me in the head & the state is pressing domestic battery charges against her. she has pre trial in 3 weeks & online in the court repository it said “notice of defense of alibi” does that mean she’s going to say she was never with... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

You have the right to hire an attorney, if you want to? You are the State's witness and a "victim" pursuant to the Victim's Rights Statute in Idaho. Under that law, you have the right to meaningful notice of how they're handling this prosecution. Be patient, and... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: I have a bench Warrant but have court today. If I show up to court, will I be arrested

My bench Warrant is for non compliance with pretrial services, after missing only one test due to being evicted because of my charge. I called iñ everyday, and missed one test. The probation officer (I'm not on probation) came to my house and forced my mother to UA me. Then filed a bench... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

Its probably too late to answer this question? Did you get arrested? That is pretty typical, especially if you've been on Pre-Trial Release for a drug offense. Just be positive and, if this is your first PV, hopefully the District Court will agree to reinstate you on felony probation. Trick... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Should I sign my rights away for a speedy trial if it's been two years since I got charged

I got pulled over with my ex almost two years ago when we got stopped the cops found methamphetamines in the vehicle which was owned and driven by him. He told the cops everything in the car was mine. I've taken it to trial and have trial in a month. My attorney is now wanting me sign a... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

It doesn't matter if you sign the Waiver of Speedy Trial or not. The Idaho Supreme Court has just issued a new Order which says that NO JURY TRIAL SHALL COMMENCE UNTIL DECEMBER, 2021, anyway. So, if you do sign it, your trial will probably be held in April. If you don't sign it, your... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Personal Injury and Car Accidents for Idaho on
Q: If my Husband is sentenced and is paying restitution can the other party file a civil claim and sue him?

He was involved in a car accident where there was a fatality and he was charged with vehicular manslaughter. he is currently in IDOCI Orofino and we have filed an appeal and everytime that I or someone else puts money on his commissary restitution is taken out 20% of the amount submitted. my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

Your question has a couple of issues:

1. Restitution being taken out of his commissary money. This is probably per statute, so there is nothing that you can do about it. Your husband will get out some day and will hopefully have a little, less, restitution that he has to pay, because...
Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: How long can police keep phone as evidence?

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 »

Kevin M Rogers
Kevin M Rogers 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 »

1 Answer | Asked in Criminal Law for Idaho on
Q: i was given a withheld judgement after successful probation. I have now met that probation period how do i file for it?

is there a form i need to fill out to get it done? i want to get the SR22 off my record

Kevin M Rogers
Kevin M Rogers answered on Jul 30, 2021

All you need to do is have your lawyer file a Motion to Dismiss your WHJ! Easy sneezy! Great job!

1 Answer | Asked in Criminal Law for Idaho on
Q: My daughter is 17 turns 18 in 2 mo. What are the laws for carrying a juvie charge to a adult?
Kevin M Rogers
Kevin M Rogers answered on Jul 20, 2021

Your daughter's juvenile, criminal history is sealed; that is, unless she EVER gets in trouble after she turns 18. If she never gets in trouble no one will ever know about it. However, if she ever gets arrested after turning 18, all of her juvy records will be exposed by the prosecutors, who... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtai

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?

Kevin M Rogers
Kevin M Rogers 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 »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Idaho on
Q: Can a police officer contact my me before court after my arrest and can he pass the evidence to pedestrians after found.

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.

Kevin M Rogers
Kevin M Rogers 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 »

1 Answer | Asked in Criminal Law, Federal Crimes and Health Care Law for Idaho on
Q: Is this Sudafed a controlled substance according to Idaho statute?

37-2707. (g) Immediate precursors.

Except that any combination or compound containing ephedrine,or any of its salts and isomers,or phenylpropanolamine or its salts and isomers,or pseudoephedrine,or any of its salts and isomers which is prepared for dis-pensing or over-the-counter... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jun 3, 2021

Yes. Sudafed is a controlled substance, following the Idaho Legislature's "knee jerk" reaction to the methamphetamine deluge of the 90's. Idaho Code 37-3303 says:

It shall be unlawful for any retailer to knowingly sell, transfer or otherwise furnish in a single day a...
Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Is a collapsible baton a weapon in Montana?

Does it fall under the same regulations of "concealment" as other weapons? Such an item normally used for defense. Will one be prosecuted for having it concealed even though no license laws exist for such an item?

Kevin M Rogers
Kevin M Rogers answered on Jun 3, 2021

MRS 45-8-315, defines a "Concealed weapon" as a "means a firearm that is wholly or partially covered by the clothing or wearing apparel of the person carrying or bearing the weapon."

Other Montana Revised Statutes define "weapon" depending on your age and...
Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: How can I prove I lied to police about ex putting his hands on my neck???

Next morning I called police to say I lied, they came out, listened & spoke to him on phone, said they wanted to confirm what I said. Told him he could come get some clothes, then they arrested him. I went & spoke to prosecutors & detectives, I am willing to go to jail, I lied & I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Mar 9, 2021

You can do an Affidavit telling the truth about the lie you told. Sign your name and above your name, write these words:

"I certify (or declare) under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct."

Mail this to the...
Read more »

1 Answer | Asked in Criminal Law and Social Security for Idaho on
Q: Can I get house arrest instead of jail time?

I have a battery charge from last March. I was sentenced to probation. It took them 6 months to get that sentencing. I am on SSI. I have not been able to keep up with probation, counseling, OT and my house work. I have missed a lot of check ins and drugs tests. And my probation officer put out a PV... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 14, 2021

From your question it seems like you may be disabled? If so, you certainly may ask the court for "alternative sentencing" options, such as "home detention." Usually reserved for those who have some physical reason why jail would be too difficult, home detention typically nets 2... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Idaho on
Q: If the police have a hold on the vehicle for evidence who pays for the storage fees?
Kevin M Rogers
Kevin M Rogers answered on Jan 21, 2021

You do, my friend.

1 Answer | Asked in Copyright and Criminal Law for Idaho on
Q: Idaho if I sent provocative pictures of myself in bra and underwear or a sexy lingerie to my spouse then we break

Is it legal for them to post it on Facebook. It technically doesnt show the actual private part but pretty close. Or when i sent it to them thru text was that consent enough.

Kevin M Rogers
Kevin M Rogers answered on Jan 15, 2021

Your ex is committing a felony in Idaho, called Video voyeurism.

Idaho Code says:

A person is guilty of video voyeurism when:

(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells...
Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: In idaho, if there is an order for a change of venue and the case has been assigned to a new judge, can that be reversed
Kevin M Rogers
Kevin M Rogers answered on Jan 14, 2021

If a mistake was made by the Court, you may file a Motion to Reconsider. You must not introduce any new evidence but merely point out, usually with a brief, why the Court's decision cannot stand. This motion is always filed to the Court which granted the change of venue, in order to give the... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Idaho on
Q: Gun rights and other rights for convicted felons. I was convicted of a felony dui in 2011. I was released from probation

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 »

Kevin M Rogers
Kevin M Rogers answered on Dec 16, 2020

I completely agree.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Idaho on
Q: If a nco order forces me to leave the home I own what are my options
Kevin M Rogers
Kevin M Rogers answered on Nov 4, 2020

You don't lose any rights by being forcibly removed from your own home. The frustration you feel is felt by every, single male who is removed and now has to pay for two (2) residences. If you own it outright without your mate's co-ownership, simply sell it out from under her and buy a... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Do I need a concealee carry permit to carry/order a pocket baton in Idaho?
Kevin M Rogers
Kevin M Rogers answered on Sep 27, 2020

"Deadly weapon" means:

(i) Any dirk, dirk knife, bowie knife, dagger or firearm;

(ii) Any other weapon, device, instrument, material or substance that is designed and manufactured to be readily capable of causing death or serious bodily injury; or

(iii) Any...
Read more »

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