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Idaho Questions & Answers

1 Answer | Asked in Divorce for Idaho on

Q: Idaho divorce; House purchased during marriage. One party used traceable money from an inheritance to make down paymen

Documentable tax forms show that the purchase was made using separate property (inheritance) from one spouse to make the down payment. The house is 50-50% otherwise in community property state. Both spouses are on the title. Is the down payment made using inheritance money deductible from the... Read more »

Kevin M Rogers answered on Mar 24, 2019

Yes. As long as it is strictly traceable and NEVER commingled.

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 Car Accidents for Idaho on

Q: My step dad was in a car accident he was hit by a lady I took fall for him since the lady and her husband said it was ok

Their insurance needs a statement from me of the accident what can happen to me if I do give it? Can I go to court for not giving their car insurance a statement? Or for lying ?

Kevin M Rogers answered on Mar 14, 2019

You really ought to think about using punctuation in your sentences. I understand the question except when you say "I took fall for him," do you mean that you were trying to keep your step dad from having to write a statement about the accident, so YOU pretended that you had been your step dad?... Read more »

1 Answer | Asked in Family Law and Animal / Dog Law for Idaho on

Q: My sister abandoned her dog and she called the police and said that I'm holding her dog against her

In November 2018 my sister move with me to Idaho a month later she moved back to California and she moved in a motel room she left her dog and I told her that we was going to bring her dog back to her but it's been raining and it's been snowing in Idaho and I told her if she wait to the snow clear... Read more »

Kevin M Rogers answered on Mar 14, 2019

Your sister is full of it. You don't need to give her dog back, she abandoned it. 90 days, whether or not it is raining or snowing, is plenty of time to come get a dog that you claim you want back. So, if you don't want the dog, just take it to the pound and tell sister that I DARE HER to sue... Read more »

1 Answer | Asked in Child Custody and Child Support for Idaho on

Q: If my wife has 50/50 custody but only actually takes <20% custody, can I get out of paying child support?

My wife and I are legally separated, I pay her monthly for child support based on 50/50 custody, The children live with me full time and the only time my wife accepts custody is when I am out of town for work. She takes the custody in my home watching the children. In the last 6+ months that has... Read more »

Kevin M Rogers answered on Mar 14, 2019

Everything you have stated tells me that there is NO court order for child support, correct? If there is NO order then you would have a case in Small Claims Court to get back the difference between what you've actually paid and what the child support calculator says, but a different judge MIGHT... Read more »

1 Answer | Asked in Divorce for Idaho on

Q: Helping my cousin who lives in Idaho for 5 years now but he wants a Divorce and she lives in Texas, where do I file?

Married in Idaho, Moved to Texas, I moved back to Idaho with our Children.

Kevin M Rogers answered on Mar 14, 2019

Are there children involved? That answer would dictate where to file anything. If there are NO children between them then just file in Idaho. Idaho only requires the Plaintiff's residence to be in Idaho for at least 6 weeks prior to the filing.

1 Answer | Asked in Immigration Law for Idaho on

Q: Am perm resident. Want to marry illegal who overstayed visa. Is it better to become USC first, or marry, then become USC

I want her to become permanent resident and know the big difference in USC vs PR waiting time and rules. So I do not want to endanger her chances to become PR. If she married a PR who then became a USC, would we have to follow PR marriage rules or since I am a citizen when we file, we would follow... Read more »

Jordan C. Moody answered on Mar 14, 2019

If you petition a spouse as a PR, and then become a USC while the petition is pending, you can change the visa category. So I would advise you to start both the petition and naturalization processes now.

1 Answer | Asked in Domestic Violence for Idaho on

Q: If neither my spouse or i press charges can the state? And can they enact a no contact order?

In the state of idaho

Kevin M Rogers answered on Mar 13, 2019

I think I understand what you're trying to explain. If you apply for a Civil Protection Order under Idaho Code 39-6304, you will have to allege that there has been sexual abuse or domestic violence against the Petitioner. This is a VERY SERIOUS allegation and will spark the interest of law... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Rights for Idaho on

Q: If someone comes uninvited onto my property and let's out my dogs, can I hold them responsible for any damages?

I live in a trailer court that only allows a four foot chain link fence. It is accessible by anyone walking on the sidewalk. I am confident that someone opened my fence on purpose to allow my dogs to get out. While they were out, they killed a neighbors rabbits and although the neighbors didn't... Read more »

Kevin M Rogers answered on Feb 16, 2019

Your defense is not good unfortunately. Short of getting a signed confession rom the person who lifted the bar that allowed the dogs to escape, I’m afraid that you’re absolutely 100% liable.

1 Answer | Asked in Immigration Law for Idaho on

Q: I am on F1 visa.My parents are residents here and they have filed I-30 for me. Embassy or USCIS office for interview?

Kyndra Mulder answered on Feb 15, 2019

First: It depends on your age.

Second: Because your parents are LPR's and not naturalized (assuming you are a son and not a child) you will need to adjust from outside the country.

Third: Your adjustment will be faster if your parent's are USC's, Nevertheless you may have years to...
Read more »

1 Answer | Asked in Contracts for Idaho on

Q: Gayron Zaugg caused his company to double bill me and pocket the money. He is refusing to answer my phone calls.

On May of 2017 I signed a contract that Geyron Zaugg with "Live Security" presented me. The contract was with Safe Home Security "SHS" for 36 months. On June of 2018 Geyron Zaugg transferred my account, without my knowledge or agreement, from SHS to Alder Security. At this time I began getting... Read more »

Kevin M Rogers answered on Feb 5, 2019

"Secondary paper" is bought and sold all the time, so yes, its legal for a business to sell whatever accounts they have collect on or sell to "bundle" or sell separately. However, upon googling "Geyron Zaugg," there doesn't seem to be any information on him. From your question I gathered that Mr.... Read more »

1 Answer | Asked in Social Security for Idaho on

Q: Can I get my brothers social security money if my mother refuses to help support him?

She gave me permission to take care of my brother and enroll him in school. My brother is special needs and needs to have certain programs in order to be successful. My mother is homeless and she wants me to care for her son until she is on her feet. She refuses to transfer his money to me as a... Read more »

Michael Hales answered on Jan 14, 2019

The easiest thing to do in this situation is go to your local social security office and start the process there. You may need to involve a lawyer to challenge your mother as payee for your brother, but I'd start with the local office and ask for their assistance first.

2 Answers | Asked in Personal Injury for Idaho on

Q: If a tool I was using has a known defect but I also misused it when I got injured, does that negate any claim I might

bring?

J. Grady Hepworth answered on Jan 4, 2019

A full answer would require additional consultation. However generally speaking if you "misused" the product, it will make your claim difficult. Under Idaho law, a jury would ultimately be asked to proportion the negligence of both you and the manufacturer (or possibly the retailer/distributor). If... Read more »

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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 Arbitration / Mediation Law and Child Custody for Idaho on

Q: Do both parties in a divorce case mediation get served papers? Thank you

Kevin M Rogers answered on Dec 23, 2018

Yes. Any kind of mediation is ordered by the Court. The Court has rules it goes by and one of those is procedural due process, which includes no ex-parte communication and giving each party notice of anything that the court needs input on or that the court orders them to do, such as Mediation.

1 Answer | Asked in Medical Malpractice for Idaho on

Q: What kinds of damages (money awards) are available to the plainitff in a medical malpractice lawsuit?

J. Grady Hepworth answered on Dec 10, 2018

As a general matter, Plaintiffs in a medical malpractice can recover damages for past medical expenses, future medical expenses, lost income (if applicable) and general damages for pain and suffering.

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 »

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