Idaho Questions & Answers by Practice Area


Idaho Questions & Answers

Q: I lent money to a neighbor and he put up a piece of property up as collateral. He failed to pay me when it was due.

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Nov 9, 2018
Kevin M Rogers' answer
“Put up a piece of property up as collateral?” How did he “put it up” as collateral? Did he give you a Deed of Trust or a Mortagage? Did he record it or did you? Generally speaking if the document adequately identified his property AND was identified as “collateral,” AND was recorded, then you will have to “foreclose” on the instrument given you to secure his debt.

Q: Does strict liability apply to dog bite cases in Idaho?

1 Answer | Asked in Personal Injury for Idaho on
Answered on Nov 5, 2018
Kurt Holzer's answer
Idaho dog bite law is complex See Boswell v. Steele. https://cases.justia.com/idaho/supreme-court-civil/2018-45454.pdf?ts=1536256623

Q: can I stop my boyfriends mom from taking half of his ashes?

1 Answer | Asked in Family Law and Car Accidents for Idaho on
Answered on Nov 3, 2018
Kevin M Rogers' answer
His ashes are the only thing he had that he could will to anyone, but he died without a will, so the Uniform Probate Code dictates that his ashes would pass to his children in per stirpes. If he had no children but is survived by parents, his ashes will pass to his parents in equal shares. You were never married to him and have absolutely no say in the matter. I’m sorry.

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

1 Answer | Asked in Criminal Law for Idaho on
Answered on Oct 31, 2018
Gary Kollin's answer
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.

Q: Verbal business agreement to buy wood. Wood was not fully delivered and payment was made. The seller refused to deliver.

3 Answers | Asked in Business Law and Small Claims for Idaho on
Answered on Oct 29, 2018
Michael Hales' answer
Although you don't have a writing, it appears that you have evidence that a contract was entered. It will now be an issue of forcing delivery. Please contact an attorney if you need assistance.

Q: I have been a victim of police-involved sexual misconduct. Do to this happening I have also been retaliated against.

1 Answer | Asked in Civil Rights and Constitutional Law for Idaho on
Answered on Oct 29, 2018
John Bulger's answer
More information is needed to answer your question. You should contact an attorney to see what your options are.

Q: Can I get out of a DUI ticket if it was an emergency? Like driving away from a natural disaster?

1 Answer | Asked in DUI / DWI for Idaho on
Answered on Oct 25, 2018
Kevin M Rogers' answer
There is an affirmative defense called “necessity.” It requires YOU to prove that there was literally NOTHING else you could have done; such as getting a ride with someone else or leaving earlier so you hadn’t been drinking etc., so you can see that it is quite a hill you’ll need to climb in order to get the court to give the instruction.

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

1 Answer | Asked in Criminal Law for Idaho on
Answered on Oct 16, 2018
Kevin M Rogers' answer
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 how/who to contact to access what you need.

Q: debt collection cases

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
All debt collection STOPS as soon as you file ANY chapter in bankruptcy. If you’re behind on a car payment and you file bcy the collection against you will stop immediately. Same with a house if you’re behind on your mortgage. However the collection on these two kinds of debts will start again as soon as the collector can get the court’s permission.

Q: a 17 yr old father wants to know if he can get his child custody back

1 Answer | Asked in Child Custody for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
I don’t know what you mean? Please re-read what you just wrote and submit it again.

Q: How do I start a custody case?

1 Answer | Asked in Child Custody and Family Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
The Idaho Rules of Family Court Procedure say that in order to begin a custody case you file a Petition. I certainly don't recommend that ANYONE do this by themselves. You need to consult with an Idaho attorney and let him advise you.

Q: I am about 14 weeks pregnant. Can the father take me to court when the baby isn’t born yet?

1 Answer | Asked in Family Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
Nope. He is nothing but a sperm donor at this point and can pack sand. When the baby is born he has a choice to make. He can either step up and declare his paternity to the child and immediately assume paying child support, or he can do nothing, have you let authorities know who the father is and the Idaho Dept. of Health and Welfare, Children's Services, will contact him and let him know that they have started a case and he needs to begin paying child support. At some point he may demand a...

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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
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, )

)

vs. ) Rule 35 Motion for Relief

)

YOUR SON'S NAME. )

______________________)

COMES NOW (SON'S NAME), In propria Persona,...

Q: Am I required to submit to roadside tests if I'm pulled over on suspicion of drunk driving?

1 Answer | Asked in DUI / DWI for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
If you mean the roadside walk & turn, HGN and 1-leg stand? No absolutely you are NOT required to take those tests and I do not recommend cooperation of any kind.

Q: granddaughters boyfriend kicked her out of apartment homeless can't get apartment she is on his lease what to do

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
Your granddaughter’s boyfriend must also be on the lease? Otherwise he couldn’t have kicked her out. So what to do now? Is your granddaughter willing to come to terms with what her BF wants from her? If so, just tell granddaughter to beg his forgiveness and let her back into his life. On the other hand if she is through being treated like shit she should simply move out and move on.

Q: I need to file a response to a petition for custody of my minor children. I can't afford a lawyer. how can I file that

1 Answer | Asked in Family Law for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
Have you tried Idaho Legal Aid or the Idaho State Bar to see if there may be a lawyer wanting to do some pro bono work? Short of that I would evaluate your interest in the case to determine whether hiring a lawyer might be worth selling your ATV or your card collection or your 2nd automobile or your camping equipment? I can’t imagine trying to do this by yourself.

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

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
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.

Q: how do i find out if my daughters mom is allowing phone calls with her husband in prison when judge ordered no contact?

1 Answer | Asked in Family Law and Child Custody for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
You’re not entitled to do discovery without filing a complaint first. Who would you sue? For what? Idaho Administrative Rules don’t allow you to get that information and the prison definitely wouldn’t open itself to scrutiny and possible charges if they gave you the private telephone records of one of their prisoners. Sorry! You may need to call your daughter as a witness to explain what she knows her mother is doing.

Q: Do I need a lawyer to file for a partition of property? If I hire one, am I just making a bad situation more worse?

1 Answer | Asked in Contracts, Estate Planning, Foreclosure and Real Estate Law for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
Why don’t you ask your mother to quit claim her interest in the property to you? Partitioning this property won’t answer the question of what money you might owe to your mother? As for your question, this is not a difficult situation for an experienced attorney to handle, and if you know what you’re doing why don’t you do it yourself? Any lawyer you hire is going to charge you a retainer but I can’t imagine why that would make the situation you find yourself worse.

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

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Answered on Oct 8, 2018
Kevin M Rogers' answer
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?

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