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1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Landlord - Tenant for Idaho on
Q: Hello! My family is dealing with an odd situation and I'd like to know what steps can be taken to resolve it.

My mom's ex is abusive towards her and my sisters. She "left him" but he still comes over. She's been charging my sisters rent. They are over 18. Do they then have a say in whether or not he's allowed at the house if the are paying rent? They feel unsafe with him around but... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Well, is sounds like you're asking this, correct me if I'm wrong:

Your parents were divorced. You are out of the house now but your sisters are still living with your mother, who apparently is a co-owner of the house that you and your mom's ex, owned?

If your...
Read more »

1 Answer | Asked in Family Law for Idaho on
Q: Looking for a lawyer or somebody that can just help me do response to a petition to modify it order judgment or decree
Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Most attorneys are reticent to simply "help" someone prepare a "Response to Petition."

Why? Several reasons:

1. He will do much more work in helping you, then you feel like paying him for;

2. You will feel comfortable calling him several times,...
Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: What does a officer mean by not enough substantial evidence but still has to write a report? Could it be dismissed?

My sister hit my husband in eye with a box so he asked for an apology she rolled her eyes at him so he took the box and lightly tapped her on the head. Now she went to hospital claims she has a concussion and is overly dramatizing the whole thing. She is playing victim and the officer asked our... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

When family fights happen, the responding officer has to be a "fact finder" in the field. His agency might have a regulation he has to follow, to "write a report on every domestic call." That may be why he told you that he is going to "write a report." His... Read more »

1 Answer | Asked in Real Estate Law and Criminal Law for Idaho on
Q: Is my real estate brokerage sueing me?

How can i tell if my realtor/brokerage i was using is going after me? I have signed termination papers, a few months ago. And now they are bringing stuff up into my personal life as if they are coming after me.

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Okay, correct me if my recitation of facts is incorrect: you worked for a realtor? You quit, a few months ago? They are "coming after you," for something? And, they are using facts from your personal life to "come after you?" If these facts are correct, then this is my... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Idaho on
Q: Someone handed a police officer possession of drug paraphernalia and said it was mine. Is that legal?

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 »

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Criminal Law for Idaho on
Q: What do u do if the person gave u their card and pin number and gave permission and is now charging u
Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

This is a question for the jury - what "permission" was reasonable to believe this generous person gave you. If the "giver" is believed, then the jury will probably convict you of theft. If you are believed, and the jury believes that the giver actually gave you permission to... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Idaho on
Q: I want to sell my home. I have a shop that exceeds local city size by 5ft in leng. can I sell without a permit for shop?

no leans on home and HOA approves of the shed and was built not knowing city requirements. it's only 5 ft longer and has existed for about 5 years with no issues in the backyard. Was built with boundary guidelines i.e. clearances from home and property line are fine. no plumming only has... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

You can always sell your home, to anyone you want to sell to. . . as long as the fact that your shop is not within the CC&R guidelines, or city "set back, boundary" restrictions. This would be a BAD fact to omit if you are selling your home. Because, whether you have the City coming... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Idaho on
Q: What can realtors tell people?

If a real estate deal falls through, can the realtors you have say things to people about you? I had a real estate deal fall through and the realtor is saying horrible things about me now to a big social network we are all part of.

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

While this is not per se illegal, it is unwise. By disclosing information on social media, the RE officer can "defame" you; that is, if the RE agent discloses her "opinion" of you, that's not objectionable, except to you personally. Every human being is judged, based on... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Idaho on
Q: The company I work for is trying to say I'm no longer qualified for my job because of a RA flare up to deny ADA request.

I have worked for the company six months and have received excellent performance reviews. I verbally mentioned I have Severe Rheumatoid Arthritis and there may be periods where I need to take time off. A couple months later HR asked for a ADA letter and letter from doctor. This was provided 2... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

Employers under the Americans with Disabilities law are required to provide "reasonable accommodations," not ALL accommodation, you request. This is a very typical problem in companies. They hire an employee who tells them of a disability, and they hire the person anyway. However,... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Banking and White Collar Crime for Idaho on
Q: If someone shows you a fake bank document, but dont use it for anything, is it still illegal?

Someone showed me a fake bank document, but are not using it.

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

What kind of "bank document" did he/she show you? If it was a bankcard and was used to access the money in the bank under the person's name, then it is ILLEGAL and prosecutable. If it was someone else's bank statement, it is called FRAUD, if it was utilized to obtain a loan.... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Does a conflict of interest exist if a prosecutor is related to the "victims" in a criminal case.

The prosecutor Anson Call in Power County Idaho was related to the "victims" of a burglary case. He was also related to a jury member who became the foreman. Niether relationship was disclosed before or during trial.

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

Conflict of Interest is a serious problem in small counties. The Idaho Rules of Professional Conduct are often consulted by these prosecutors prior to initiating prosecutions, but sometimes it is "overlooked" due to practical considerations, such as money or lack of money to conflict the... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: Can information from a case that was dismissed in 2015 be used for as a basis for probable cause in a new case in 2021?
Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

Yes. Because, just because a case was dismissed a long time ago, doesn't' mean that the information or some of the information in it, isn't still valid today. It is a good question though but before you could challenge the information being used, you need to know exactly what... Read more »

1 Answer | Asked in Criminal Law for Idaho on
Q: I need someone to read my character reference to the judge and see if it's ok

Character reference

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

I don't understand what your question is? Please correct me if I am mistaken: you drafted a Character Letter to the Court, but didn't proofread it before sending it and now you would like to get it back to see if it's okay? OR, perhaps your question is: you drafted a character... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Idaho on
Q: Does Idaho test all newborns at birth for marijuana without having permission from the parents? Is that even legal??
Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

No, Idaho does NOT test all infants born, only those born to mothers whom they have reason to believe, were under the influence during their pregnancy, such as admissions by the mother etc. It is NOT legal for LE to test infants for controlled substances, without probable cause to believe the... Read more »

1 Answer | Asked in Civil Litigation for Idaho on
Q: I am an unrepresented. No action filed. Can I cc the opposing party with a letter being sent to that party's attorney?

In a matter where no action has yet been filed in court, I am unrepresented, and the opposing party is represented by an attorney. I am about to send my final demand for resolution to the attorney. Is there any law that prohibits me from sending a copy of my written demand for resolution directly... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

Yes, it is unethical to communicate with a party who is represented by counsel. Representing yourself, you are held to the same standards of conduct as any other attorney would.

Idaho Rule of Professional Conduct 4.2 states:

RULE 4.2: COMMUNICATION WITH

PERSON REPRESENTED...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Idaho on
Q: I owned a manufactured home but rented space what can I do if ex landlord did repairs, listed my home for sale, and sold

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.

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Family Law and Tax Law for Idaho on
Q: Does pro rata payment of the value of the tax exemptions" mean her part of taxes is included in child support each month
Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

The short answer is YES.

There are several exemptions, credits and deductions in the tax code. The Idaho Child Support Guidelines, which are found in the new, Idaho Rules of Family Law Procedure, are confusing to say the least on this. Here are some points to consider:

1. The...
Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Can a seller back out of a signed purchase agreement because his ex wife won’t re-sign quit claim deed that had a error

A friend offered my family to live in his house because he is always on the road. We have now lived in said homes for 5 years and he offered on multiple occasions to sell us the home for 90k. We finally agreed, no that we are 3 weeks from closing he is saying that his ex wife will not re-sign the... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

Very interesting situation for sure. Here's what the law will say:

1. He had the right to sell you the property. Real property is "unique," that is, money won't remedy a breach. It's the only property on earth that you can actually force the sale of, as long as...
Read more »

1 Answer | Asked in Personal Injury and Health Care Law for Idaho on
Q: I had an allergic reaction, after telling the nurse my symptoms she allowed me to drive home.

I had an iron infusion in April. Towards the end I mentioned to the nurse that my legs felt tingly and my skin hurt. Scratching felt like I was tearing my skin. She was not concerned so I didn’t think anything of it. When the infusion was over I stood and told her I felt like there were needles... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2022

An Idaho attorney could answer best, but your post remains open for two weeks. Under general principles applied nationwide, the short answer is that cases are based on actual damages rather than damages that could have been. I'm glad you're okay. As for the symptoms you describe, you... Read more »

2 Answers | Asked in Criminal Law for Idaho on
Q: How can I get a discovery packet in Idaho before hiring a lawyer? This is for my fiancé, I am not listed on the case.

He has already been sentenced and is serving his time. We are trying for a post conviction, but lawyers don't seem to want to look at the case without this. The lawyer who represented him won't give us the full discovery packet. I contacted the clerk in the county he was prosecuted, they... Read more »

Richard W. Noel
Richard W. Noel
answered on Feb 11, 2022

Part of the problem is that you're not the attorney of record nor the Defendant. I have no idea what the nature of the crime was, but discovery packet could include police reports, body cam, dash cam, witness statements, and minute entries from the court. The arresting agency may provide... Read more »

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