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Idaho Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Idaho on
Q: What kind of legal resources available for son

22yr old charged with lewd conduct with minor but I have 16yr old said victim claiming it was her who is at fault she admits to getting Xanax doing with defendant and says she seduced him and wants to and has tried to be accountable for this said act has said she will testify to it in court on his... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 18, 2020

You left out thE most important fact: how young is the female?

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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Idaho on
Q: I was evicted from my grandmother's house without a written. I have a 3000$ dog I wasn't able to take so my family gave

Him Away without my consent or anything. I have all the papers on him and proof. The person that has him is trying to charge me a fee for taking care of him and stuff. Is there anything I can do?

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

You were staying with your grandmother, right? You brought your $3,000 dog with you, right? You did something that caused your grandmother to 86 you, right? But you didn't take your dog. Now grandma is going to feed and water your dog FOR FREE? I don't see that happening. It was... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Is it lawful for law enforcement to use the same evidence that has already convicted others in prior sting operations?

Can the same evidence be used repeatedly?

Kevin M Rogers
Kevin M Rogers
answered on Jul 15, 2020

Absolutely! As long as the evidence can point to multiple people it will not be deemed "double jeopardy." Double Jeopardy protects us from being punished twice for the same (or similar) crime (or acquitted). The evidence would have to have a close nexus to more than one defendant... View More

1 Answer | Asked in Criminal Law, Collections, Elder Law and Probate for Idaho on
Q: I am the administrator of my mother's estate. I recently found out that my brother had been using her cc. What do I do?

I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Criminal Law and DUI / DWI for Idaho on
Q: DUI and Injury to child Dismissed with prej. my kids taken 3 times license 2 times cps got involved police said immenant

Police filed immenent danger to cps without giving me time to find them some one to pick them up from school. pulled over at 1030am. no kids in car. in jail I contacted kids step sister parents and they were gonna pick them up. cps said no and picked them up because police said there in imminent... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 6, 2020

Police didn't HAVE TO take the kids. Police COULD HAVE allowed you to pick them up or actually HELP you find a family member who could pick the kids up, BUT THEY DON'T HELP! THEY PUNISH and PUNISH and PUNISH you! YOU'RE A BAD DAD!! WE'RE GOING TO EVENTUALLY LET YOU HAVE YOUR... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Can Idaho violate your right to speedy trial when you made no delays and showed up every time

I plead not guilty, and said from day one "take it to the box, no deals" my lawyer made a motion that was overruled "that court conjeste could not be help and would be not prejudicial to me according to the judge who also sat on the appeal for the case which also had a motion for... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2020

Judges will ofttimes resort to the “record” to “prove” that something you said or the way your mouth moved or a facial tic of your lawyer WAIVED your constitutional right to a speedy trial. Problem is that this right only applies if you’re still in custody (180 days)! Most people would... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Idaho on
Q: In a domestic battery case where the state is the one pressing the charges against both spouses statements.

The husband spend a total of 3 days in jail the first two he is making phone calls to his wife and they are discussing the situation and what they are going to do on the third day the defendant sees a judge and is released on pretrial but if given a no contact order by the judge on that third day... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2020

This sounds like a situation wherein the actual prosecutor believes he/she’s a witness to an NCO violation, perhaps a jail call (that they listen to). It’s a much trickier charge to get out of since the threat of amending the charge is easier than you’d ever imagine for the State to prove.... View More

1 Answer | Asked in Criminal Law and Family Law for Idaho on
Q: Son had a child with an underage girl. Judge has included 5 yr NCO on release. She's 18 and wants NCO lifted. Possible?

He was 20 and she 16 at birth of child. Hospital reported. Both wish to marry. He's now 22 and set for release, but with 5 year NCO. She's 18 and wants a relationship. They have a 2 year old son together. No contention from family on either side. Can she request it be lifted as a... View More

Kevin M Rogers
Kevin M Rogers
answered on May 15, 2020

She can ALWAYS petition to lift the NCO! It may or may not be granted . . . depending on the personal, self-righteousness of the judge you’re in front of.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: Can someone explain 18 U.S. Code § 2385. To me

What I mean is how can the government get away with this isn't this a huge first amendment violation.

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

The code section is well written and easily understood (to me). What specifically do you not understand?

1 Answer | Asked in Small Claims, Criminal Law and Civil Litigation for Idaho on
Q: I have no proof of who damaged my vehicles, but I know who it was, what do I do?

April 12, 2020 around 11 pm, i heard noises outside of my house, this morning when I came outside both of my vehicles had damages to them, one has a broken windshield, and the other has a big dent in the side by the front door, I know it was an ex boyfriend and his friends, but I have no proof.

Kevin M Rogers
Kevin M Rogers
answered on Apr 13, 2020

That’s tough! But if your ex had someone else with him it MIGHT be possible to get him to talk or overhear him talking or ask people who are mutual friends if they wouldn’t mind keeping an ear to the conversations. If you did get someone to talk, you could offer them immunity if they will tell... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Loss of valuable property entrusted to a neighbor.

Neighbor consented to keeping large amount of valuable jade. It "disappeared." I reported it to local police. He is retired LAPD. Police took no action on loss of $40,000 in jade.

Kevin M Rogers
Kevin M Rogers
answered on Mar 27, 2020

Sounds like a bad movie. Why would you entrust a “large amount of jade (that you own?) with a neighbor? Hmmmmm? Did you steal it? How do you know your “neighbor” doesn’t still have it? What makes you think he hasn’t sold it, or stole it?

1 Answer | Asked in Criminal Law for Idaho on
Q: I was sentenced on criminal case mon but wen i got the order they where not wat i was sentenced and singed by a diff

Judge is that leagle

Kevin M Rogers
Kevin M Rogers
answered on Mar 19, 2020

If I understand what you’re saying, that on Monday you were sentenced by a judge other than the original judge, a “fill-in” or “retired” judge?

Unfortunately, your lawyer may be to blame because she didn’t ask for your case to be continued until your original judge could be...
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3 Answers | Asked in Criminal Law for Idaho on
Q: I need to know what hunting rights I have asI am a felon
Christi Lynn Schofield
Christi Lynn Schofield
answered on Mar 9, 2020

In Idaho, your firearm rights depend on which felony you were convicted of. And just because you may have the right to possess in Idaho, doesn’t mean you have the same right under federal law. You should consult with a criminal defense attorney who has knowledge about firearm rights.

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1 Answer | Asked in Criminal Law for Idaho on
Q: Should a person who is under supervision of idoc be made aware of their "fugitive " status while under said supervision?

My friend had less than 2 months left on a conviction, had been straight with his PO doing well. Was arrested for being a fugitive to Idaho. Why is it now this being brought to light. Seems he should have been made aware of this before now. I mean his PO had to have known.

Kevin M Rogers
Kevin M Rogers
answered on Feb 7, 2020

Your friend had been doing "well" on probation, EXCEPT THAT HE MOVED TO IDAHO WITHOUT OBTAINING THE P.O.'S CONSENT! His P.O. MAY have had suspicions that your friend was moving without his consent and just wanted to see if your friend would do such a stupid thing?

1 Answer | Asked in Criminal Law for Idaho on
Q: I was pulled over and charged with possession of meth and paraphenelia.I was o rd on court compliance.However in a mixup

And mis understanding of times I ended up missing my preliminary hearing, when I realized my mistake I called the public defender and she told me to go test and then go to the jail and turn myself in and spend the weekend in jail. I did proceed to go test for court compliance however I did not turn... View More

Kevin M Rogers
Kevin M Rogers
answered on Feb 7, 2020

My advice would have been EXACTLY what your Public Defender told you. Now the warrant may be 10x higher than it would have been had you turned yourself in like you had been advised.

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Idaho on
Q: If someone gives someone meth and gets high with them multiple times Breaks their sobriety.They commit adultery.

Then he stays with wife .tries to be sober. Commits suicide . Can that person be charged ? Adultery ? involuntary manslaughter? Or? Criminally?

Can they be sued? Wrongful death? Alienation of affection ? Or?

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2019

I'm very sorry for this tragic situation. An Idaho attorney could answer you best, but your post remains open for three weeks. In terms of the criminal issues, a criminal defense attorney is qualified to address those. In terms of the civil issues, there is usually a requisite element of... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: How can I get an alternative writ of mandate created and served to a prosecutor in idaho

An assault was reported to the police. The victim was obviously assaulted. The police report was given to the prosecutor. The prosecutor chose not to charge the offender with the crime. Offender has a long record of assault on this victim and others. How do I get him charged and punished for... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 1, 2019

A Writ of Mandate in Idaho law, is reserved for those for whom a duty is owed by some person in power. It is designed and reserved to enable someone for whom a duty is owed, to require the empowered to do what is "required" of him/her to do.

The Prosecutor does not owe you a...
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2 Answers | Asked in Criminal Law for Idaho on
Q: I accidentally threw away a garbage bag with chewing tobacco in it, and now I am being questioned about contriband

I have to meet with the sherriff tomorrow evening

Gary Kollin
Gary Kollin
answered on Aug 28, 2019

Never go into the den if the lion without an attorney

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1 Answer | Asked in Criminal Law for Idaho on
Q: How do I fire my public defender? My trial is tomorrow.

How to request Or ask the judge to fire my public defender my trials tomorrow and I have not met with my public defender one time to discuss the evidence that I have for my case. The case needs to be thrown out because the items the PA is trying to charge me with actually belong to me, and the PA... View More

Gary Kollin
Gary Kollin
answered on Aug 25, 2019

Simply tell the judge you want to fire,and the judge will make an inquiry

1 Answer | Asked in Criminal Law for Idaho on
Q: My fiance has been in the county jail in Idaho for almost a month and has not seen a judge at all. He has no new charges

, and no future court dates. Since being incarcerated he has not even had one court date. I believe that he is being wrongfully held in jail. He was arrested because he ran on his bond, but those charges where all dismissed. We are very confused. We are homeless. I am in Oregon and he is in Idaho.... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 21, 2019

Your fiancé has already been “arraigned,” on charges of absconding, either felony or misdemeanor. If he was charged with a misdemeanor and FTA’d then he now has another misdemeanor that he’s charged with. If he had been charged with a felony and absconded then he’s got a new felony to... View More

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