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Idaho Questions & Answers
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... View 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... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Idaho on
Q: a Boise pawn shop sold my 1500.00 generator before the pawn ticket was due. what laws or statutes did they violate?
Kevin M Rogers
Kevin M Rogers
answered on Oct 5, 2021

It's ALL in your contract. If they broke their contract with you, you can sue them for the reasonable value of your generator, less the money they gave you for pawn, plus the money you paid in monthly payments. Good luck to you!

P.S., sue them in Small Claims Court.

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... View 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... View 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... View 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... View 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... View 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...
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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... View 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... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Idaho on
Q: Been paying ch. supp. for a year, no order. Can I be credited for voluntarily paying when complaint for divorce filed?

Have been paying for my 2 daughters since Sept. of last year without any type of legal documentation. Wife moved against my wishes to Idaho while I went back to San Diego (we were in Italy) as am in Navy, but she committed to working on our marriage. I trusted her but it seems as she just said... View More

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

It sounds as though she did trick you, in order to establish residency in Idaho. I don't know what was going on at the time she wanted to move back to the states between you two. But it doesn't matter now. She has filed for divorce, in Idaho. Here are some suggestions, with the most... View More

1 Answer | Asked in Collections for Idaho on
Q: Can I put a lean on or claim an abandoned late model pickup that has been left on my property for 6 months?

Lease holder left truck here during bankruptcy which was complete about 6 months ago. He and I have each contacted the owner (Chrysler corp) several times and requested it be picked up. Each time they say yes but fail to collect it. I would like to be paid for storing the truck or put a claim... View More

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

I would try contacting the local Chrysler/Dodge dealership and see what instructions they give you and follow that. I don't know of any law in Idaho, giving you the right to place a lien on personal property which you gave permission to store a pickup on.

1 Answer | Asked in Contracts and Construction Law for Idaho on
Q: Where can I get a template for filing my suit?

I need to file suit against a general contractor who failed to complete the job despite being paid.

Kevin M Rogers
Kevin M Rogers
answered on Sep 29, 2021

I am a practicing member of the Idaho State Bar, my friend and have multiple lawsuits I can reference pleadings for if I need to. However, a "Template?" I'm sorry, no set of facts are the same; and, even the Rules of Civil Procedure have changed, just since my last suit. So, it... View More

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: How do I get my deposit back on a home that had an accepted offer?

I had an accepted purchase offer on a home I am buying. The home was advertised with a lifetime warranty on a metal roof. Prior to closing, I found out there was no permit on file for the new roof and the roof warranty was not a lifetime. The owner is not able to provide receipts for the roof in... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 10, 2021

The fact that you closed on the property even knowing that the property did not have 50 years left on the roof, will be used against you as an "affirmative defense," if you sue to get out of the contract. You may have a breach of contract claim, if you can show that the 50 yr warranty... View More

1 Answer | Asked in Divorce for Idaho on
Q: during marriage I borrowed money purchased sole an separate property. No community funds were used hubby

he signed quit deed at closing to me

Kevin M Rogers
Kevin M Rogers
answered on Sep 6, 2021

What is your question? WA is a community property state, so is Idaho. The property you purchased is "presumed" to be 1/2 his.

You can "prove" you purchased the property with "separate money," but it will be your burden to prove. The fact that he signed a...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Idaho on
Q: My daughter is 16 her boyfriend is 21 and her dad let him move in with them is this illegal? Can her dad get in trouble

Can his new 25 year old girlfriend get in trouble as well ? They both allow it even tho it's illegal in idaho

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

Your daughter is too young to have sex with a 21 year old man, period. IF the father permits them to live together, as "house mates," no foul. If the father allows them to sleep in the same bed, that is illegal and NO the girlfriend has NO liability, because she has NO rights to your... View More

1 Answer | Asked in Contracts for Idaho on
Q: Is it legal for an extended warranty contract on a new vehicle increase the payment after only 4 months
Kevin M Rogers
Kevin M Rogers
answered on Sep 3, 2021

Every contract for the sale of a car, includes "small print" provisions. If you carefully read all of the "fine print" provisions of the "extended warranty" addendum to the contract, it SHOULD say somewhere that after four months, the company may raise the payment to... View More

1 Answer | Asked in Employment Law for Idaho on
Q: Hello, my employer made the staff sign documents saying that if we did not put in a 2 week notice that we would have our

I put in a notice. I was unable to work the last 3 days.

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

The VERY WORST thing an employer can do these days, is to draft up an "Employee Handbook." Idaho passed a law, rejecting unions, and making all work "at will." "AT WILL" is the worst thing that ever happened to workers in Idaho, because employers can literally fire... View More

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Can a landlord make us remove a pingpong table? She statedbthe table can damage walls and must be removed?

4 of us roommates moved into a 4 bedroom house. We are all around 21-25 tears of age. The house is pretty big and we had an empty space to fill so we bought a ping pong table. Well the landlord saw and re received a message saying the ping pong table needed to be removed as it can damage walls and... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 2, 2021

Yes, they can.

1 Answer | Asked in Real Estate Law for Idaho on
Q: Where can I find laws and or legal restrictions for vacation rental properties in the town of Kellogg, Idaho?

I’m considering investing in a little property and I need to know if there is anything standing in my way. Thank you!

Kevin M Rogers
Kevin M Rogers
answered on Sep 2, 2021

I would go to the county courthouse and ask where the Recorder's office is. Once there, i would give them either an address or description of the property and ask to see all of the recorded documents on that piece of land. That will give you a complete look at the property's history, show... View More

1 Answer | Asked in Divorce for Idaho on
Q: If there is an existing CPO, can the order be dropped and terms of the CPO be rolled into a temporary divorce order?

Can the parameters of the protection still be enforced if in a temporary divorce order?

Kevin M Rogers
Kevin M Rogers
answered on Aug 27, 2021

Yes, these two documents, Civil Protection Orders sometime continue through the divorce proceeding. However, the Civil Protection Order is a "stand alone document," and doesn't need a divorce proceeding to survive. The statute says that after the first continuance of the CPO, you... View More

1 Answer | Asked in Car Accidents for Idaho on
Q: Is there a time limit to file a personal injury claim ?

My wife and I were in a wreck almost a year ago and she's been having shoulder issues since and now they're getting worse.

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2021

Only an Idaho attorney should advise here, but your question remains open for two weeks. Most law firms that handle such cases offer free initial consults. Yes, every state has a time limit. It is known as the statute of limitations. Because SOLs are governed by state, an Idaho attorney should... View More

2 Answers | Asked in Personal Injury and Election Law for Idaho on
Q: What if I have two addresses where I have my mail sent?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. It's usually not a problem in most settings. You included personal injury as a category. If that means the question is related to personal injury litigation, you could specify which address is to be used for process... View More

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1 Answer | Asked in Divorce for Idaho on
Q: My husband has refused to turn over property in his possession that was awarded to me in final court decision. What now?

I have asked via phone, email, and text. What options do I have?

Kevin M Rogers
Kevin M Rogers
answered on Aug 10, 2021

If I were you, I would file a Motion for Contempt. This motion will put him on notice quickly, that you are NOT playing games and if he continues to play "keep away," he may actually end of spending time in jail.

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