Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Idaho Questions & Answers
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 Consumer Law for Idaho on
Q: Can a collection agency legally charge a $16 convenience fee? Do I have a legal leg to stand on/ a possible case?

I'm trying to help my wife pay off some debts. We tracked down the collection agency holding a $307 debt. When we tried to pay online it stated that a $16 convenience fee would be charged for debit/credit card transactions. Its free to give them a bank routing & checking account # which I... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 14, 2020

You may be absolutely correct. I would simply show this to the collection prople and see if they will adjust their fee. If not then you have a law suit to file, if its worth $16 to you?

1 Answer | Asked in Tax Law, Contracts and Foreclosure for Idaho on
Q: Who is responsible for paying property taxes if someone owns the lot itself and another owns the mobile home on the lot?
Kevin M Rogers
Kevin M Rogers
answered on Jul 14, 2020

The owner of the propery that is assessed property tax. No mobile home owner is ever assessed property tax because THAT tax is reserved for the owner of land.

1 Answer | Asked in Family Law for Idaho on
Q: If I am 16 and having a baby and my boyfriend is 17 can we get married without parental consent in Idaho

I live in a small room with my boyfriend and we want to get married because we are having a baby and want to get our own place so we have room for our daughter and us getting is really what we want to do so can we without parental consent considering we are about to have a baby

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

Does your bf have a job? How much are you two paying for your "small room?" Are you going to stay home and raise your daughter? Is your soon-to-be husband going to supporting you and your daughter? Idaho judges are going to ask you those questions. You are going to have to be able to... View More

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: My nieces husband is fighting for custody of his daughter...my niece and her husband moved into my house

To eventually purchase it...can i still reside on the property in a tiny house

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

Until they evict you.

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 Child Support and Family Law for Idaho on
Q: What should I do if I paid my ex wife child support directly to her bank acct and she opened a case with DES.

She claims I owe over $60k and I have bank statements. What is my beat option. All my taxes go to her and even my stimulus check went to her.

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

Your Divorce Decree told you to pay Child Support through "Child Support Receipting." If you had done what the court ordered you to do you would be able to have H&W print out a complete record of your payments. However, because you chose to pay it the way YOU wanted, you will be... View More

1 Answer | Asked in Adoption, Child Custody and Child Support for Idaho on
Q: If children adopted by parental grandparents. Are both non custodial parents responsible for arrears in child support

I hadn't paid child support from 2007 to 2012. When I got my job I immediately called child support and started paying tears and current. Children were adopted by grandparents in 2014. Current child support stopped. I now pay my rears as much as I can when I can. I feel as though I am the only... View More

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

The child support "program" in Idaho goes like this: we (Legislature) want PARENTS (rather than taxpayers, to pay for children! It's a "policy" enshrined in our codified laws. So, its very simple math: natural parents were 100% jointly, financially responsible for their... View More

1 Answer | Asked in Child Custody for Idaho on
Q: I have sole and physical custody of my 3 children. Can I move out of state, or do I have to speak with him and the court

He does not have visitation, until he decides to go back to court and to ask for it. He has not been clean does not have a job or house. We just found out We will be moving In mid August because of my job, Which is better pay And more opportunities for my family. And how do I go about this the... View More

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

If you have been awarded SOLE legal and physical custody and father has not been awarded ANY visitation, then BY ALL MEANS, you are free to move anywhere you like. Here are some caveats you might keep in mind however:

1. If you want the bio father to be (eventually) in your...
View More

2 Answers | Asked in Personal Injury for Idaho on
Q: What is idaho's Civil Procedure to giving medical records to the defendant litigating a civil suit?
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2020

An Idaho attorney could advise best, but you await an answer for two weeks. As a general matter, most states have their standardized rules of civil procedure. Find the Idaho rules online (you could probably find them under the unified court system or other public resources, and refer to the section... View More

View More Answers

2 Answers | Asked in Bankruptcy for Idaho on
Q: Will a trustee want to investigate the source of a "gift " provided to payoff a ch 13 early . How much investigation?
David Luther Woodward
David Luther Woodward
answered on Jun 30, 2020

I think it totally depends on the amount, the age of the case, and the trustee. Talk to you lawyer about this.

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Idaho on
Q: I am asking for direction with a lawsuit that involves my ex employer.

Hi, my name is Lisa. I am looking for some direction on discrimination and harassment, defamation of character. My last employer is showing my employee file to other people and I also have a doctors letter in it. Is this a HIPPA violation. I have record of all the harassment when I was... View More

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

Employment law, even in a “right to work” state like Idaho states that an employer can create a “hostile work environment” by many different ways, including this one. Idaho also has a statute that holds employers liable for violating your right to privacy by disclosing confidential records... 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 Family Law for Idaho on
Q: Is there anything I can do about someone calling welfare checks on my children for false reasons?

We've had 2 welfare checks and 1 cps visit in the last month regarding our children. Both the cops and the cps worker told us the kids have nothing like whats being reported. It is extreamly stressful.

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

If you knew WHO (for certain) was making false charge calls (that’s the key) then a police officer might take a report from you for “disturbing your peace” or “filing a false police report,” both of which are misdemeanors!

1 Answer | Asked in Landlord - Tenant for Idaho on
Q: Am I allowed to have a weapon in my Idaho apartment?

I am attending BYUI and they REQUIRE me to live in housing that they control. One of the parts of the contract forbids (paraphrase) anything that is a firearm, knife, or anything else that can injure or damage property; and forbids anything that looks like one of those.

The most applicable... View More

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

This is an easy answer. BYU Idaho is a private college. They didn’t have to invite you to attend but they did. You accepted their rules. If you want to now pick and choose which of their rules you’ll obey then my guess is that you’ll be expelled very soon! If you could prevail with a... 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 Family Law and Child Custody for Idaho on
Q: Served by non-certified mail?

I just had a default judgment against me and lost custody to my daughter for a court date I never even knew existed. It says I was served by mail. I never received anything in the mail regarding this. How is this property way to serve someone? Is this legal in Idaho? How can they get a judgment... View More

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

Nope. You were not legally served. You can file a Motion to Set Aside the default. I help people do this once in awhile!

1 Answer | Asked in Family Law for Idaho on
Q: Do I legally have to give the gifts Back to my ex That he gave Me?

My boyfriend and I broke up and demanded that I send him everything back that he gave me including a laptop, stuffed plushes, and anything else. If I didn’t have it he says he wants the money back for those gifts. He lives in California I live in Idaho. He says will take me in front of a judge if... View More

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

“Gifts” are gifts! You have NO legal responsibility to give back ANY gift he gave you. If he’s (petty and stupid) not careful he’ll don’t stupid things like shame you on social media or worse, post your intimate photos on social media, which is a crime called “voyeurism.”

1 Answer | Asked in Divorce for Idaho on
Q: Is using electronic evidence against a cheating spouse illegal in Idaho?
Kevin M Rogers
Kevin M Rogers
answered on Jun 19, 2020

Nope. Just don’t be caught surveilling him, you could be charged with “Disturbing his peace.”

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.