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Idaho Criminal Law Questions & Answers

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 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 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 Criminal Law, Constitutional Law and Federal Crimes for Idaho on

Q: In Idaho can a defendant withdraw a guilty plea after signing court documents but has yet to be formally sentenced?

I am currently serving a 4 year prison term for Calif but requested extradition to Idaho for sentencing on additional charges under the Interstate Agreement on Detainers Act. After hiring my present attorney and being advised to waive the preliminary hearing to allow her extra time (3 weeks) to... Read more »

Kevin M Rogers answered on Dec 23, 2018

RULE 1.3: DILIGENCE

A lawyer shall act with reasonable diligence and promptness in

representing a client.

Commentary

[1] A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever...
Read more »

1 Answer | Asked in Libel & Slander and Criminal Law for Idaho on

Q: I was arrested June of 2017, in return for some charges dropped I agreed to be a confidential informant, I helped arret

7-8 individuals, I testified in court and the local paper put me in as the confidential informant, I left town , had threats , my name smeared in social media, can I sue the newspaper company, cause im struggling, dealing with anxiety

Kevin M Rogers answered on Dec 23, 2018

Nope. Your conviction, your testimony etc. are public record. The trial itself is public record. If the newspaper promised you that they would keep your name out of their paper and did not, then you have an action for breach of contract against the newspaper. Did social media publish anything... Read more »

1 Answer | Asked in Criminal Law for Idaho on

Q: When reliced from prison am I required to abide by the policies that were in effect when I was sentenced or the changed?

Parole was 3 years when I went in and no supervision fee, now its longer and supervision fees

Kevin M Rogers answered on Dec 23, 2018

You are subject to the rules in place when you get out of prison or parole. If your JOC did not mention supervision fees, you should ask your Parole Officer if you have to pay fees now. If you disagree with what he/she tells you then you may contact the Court and look at your Judgment of... Read more »

1 Answer | Asked in Criminal Law for Idaho on

Q: I am in need of some advice. I pled voluntarily guilty to petit theft.

I was sentenced to 1 years unsupervied probation, 60 days in jail with 56 suspended and the other 4 all options. I chose to do the SLD program and had a knee injury so i didnt go to the program however i had doctors notes and still do. I was instructed to contact the prosecuting agency for ada... Read more »

Kevin M Rogers answered on Dec 4, 2018

Hello Arourah,

Before a warrant comes out you should call me and see if I can get the prosecutor to give you one more opportunity to sign up for "alternative sentencing." But you REALLY need to hurry. Otherwise there will be a warrant coming and then the only option will be to turn...
Read more »

1 Answer | Asked in Criminal Law for Idaho on

Q: Used a stolen credit card unknowingly by friend who lied about the card?

Never been in trouble other than no car insurance and driving without privilege.

Kevin M Rogers answered on Nov 13, 2018

How can you use a credit card "unknowingly?" Let's say your name is Robert. If you used a credit card given you by a friend named John and the name on the card is Bill, how is it that you felt justified in using the card that: 1. you didn't get Bill's permission to use the card; and 2. you didn't... Read more »

1 Answer | Asked in Criminal Law for Idaho on

Q: son who just turned 18 bought some nicotine packets for a classmate who was underage ,charged with a misdeameanor,

do we need a lawyer? he has had a clean record andis straight a student who made a mistake.

Gary Kollin answered on Oct 31, 2018

If you feel you have the legal skills to do the best for him then in your mind you should not spend the money and instead wing it.

However, if you were in that situation, money would not be an issue and you would hire a lawyer for yourself.

1 Answer | Asked in Criminal Law for Idaho on

Q: Can you obtain the evidence that was against that got you convicted back in 2003 somehow?? How would I go about doing so

Kevin M Rogers answered on Oct 16, 2018

You’ll need to go to the courthouse and ask them if they have electronic records that go back that far or not. If they do all you’ll need to do is make the request. If their electronic records don’t go back that far then they probably have an off/site that they’ll give you directions on... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Idaho on

Q: I need to help my 22 yr old son file a rule 35 by October 23rd and cannot find the forms or which ones to use and how

In idaho we just want sentence modification

Kevin M Rogers answered on Oct 15, 2018

Your son's name

Address & Phone Number

IN THE DISTRICT COURT FOR THE FOURTH JUDICIAL DISTRICT

FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ________

STATE OF IDAHO, ) Case No. ________________

)

Plaintiff, )

)...
Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Idaho on

Q: I told the cops my husband threw something into my room I remember he wasn't in the room when it happened. What do I do

I told cops my husband hit me in the head with something but when i remembered what really happened was Something fell off the shelf I remember now that my husband wasn't even downstairs where I was he went to jail and now is facing battery domestic violence charges. How do I go in and tell the... Read more »

Kevin M Rogers answered on Oct 10, 2018

You are obligated NOT to commit perjury and it’s not the judge your need to tell it’s the prosecutor so that she can dismiss charges against your husband.

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on

Q: Can I press charges for my ex choking me if I don’t have any pictures but do have his confession on text?

Kevin M Rogers answered on Oct 8, 2018

Of course you can. That is, if the officer you reported this to takes your report and immediately forwards this to the Asst. DA. Photos are only one part of a criminal prosecution. But without photos it will be much more difficult to obtain a conviction. Why didn’t you get any photographs?

1 Answer | Asked in Criminal Law for Idaho on

Q: I ran for 2 years from my stuff but I turned my self in.

I have a job for a year and I lived at the same place for a 2 years I've been clean I have my kids back. I went to the public defender and he said the prosecutor wants to put me on a 6 month rider. Do you think the judge will or let me get a interstate compact to go back where I am doing good.

Kevin M Rogers answered on Oct 8, 2018

If you were on felony probation, where one of the first promises you made was to obey all laws, and you ran away, absconded for 2 years, how would it be unfair of the court to convert your probation to a Rider? How does what you have been doing since you came back, atone for the running you did... Read more »

1 Answer | Asked in Criminal Law for Idaho on

Q: Living with parents, kick me out. Wouldn't give me my stuff. I broke in, took 4wheeler and stuff. Did I break the law?

I took the 4wheeler to carry my stuff, had key in it. Tried to give it back.

Kevin M Rogers answered on Oct 2, 2018

Yes you broke the law and could be prosecuted for grand theft and burglary. The minute you moved out you lost the opportunity to “use” things belonging to your folks. Your parents may be uninterested in receiving the 4-wheeler back because they have already spoken to the police and don’t know... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for Idaho on

Q: 3 kids home alone all under 7 yrs. old, Only 1 child survived. No charges were filed. 1yr later the survivor tells her

therapist that brother started fire and the mom was not home. Is the therapist mandated to report the incident?

Peter N. Munsing answered on Sep 11, 2018

Not generally--it's a likelihood of imminent harm that triggers it. Unless the survivor is a minor and is at risk, I don't see it and at this point you know and you may report it if the survivor is still a minor.

1 Answer | Asked in Criminal Law for Idaho on

Q: Does Idaho follow meritime laws or laws of the republic?

John Bulger answered on Aug 21, 2018

Idaho follows the laws promulgated by its legislature. If you are hoping to challenge a court’s jurisdiction over you premised on maritime or other laws, you will be wasting your time.

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on

Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

My idea for a nonprofit allows victims/survivors regarding an alleged sexual crime to enter information online into a database (database is not available for public access). If a second (or more) survivor submits an alleged sexual crime and the information matches that of of another alleged... Read more »

Michael Hales answered on Aug 3, 2018

There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

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