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Idaho Questions & Answers
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 L Mulder
Kyndra L 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...
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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... View More

Kevin M Rogers
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.... View 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... View More

Michael Hales
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
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... View 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... View More

Kevin M Rogers
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...
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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
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... View 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
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... View 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
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
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... View More

Kevin M Rogers
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...
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1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: What are my rights as a parent if grandparents were granted De Facto Custodian

Grandparents were granted De Facto Custodian. Court papers state mine and fathers (my ex) visitation to be determined in custody. We never had a custody agreement or court date. This was back in 2017. Since then my daughter has been staying with me conistantly for 3 months and wants to live with me... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 3, 2018

The word "defacto" means something which exists in reality, whether authorized by law or not. Your parents therefore have some rights to guardianship at least to their granddaughter. They obviously do not have "legal custody," which can only be obtained by going to court or... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: We bought a home 3 days ago and discovered major water damage tonight. There is significant mold in carpet. Any rights?

The wall is very soft my husband put his finger right through it and the paint is bubbling. It has obviously been going on for sometime and we were not told about it. We did have an inspection done. Is the seller in anyway responsible for this?

Kevin M Rogers
Kevin M Rogers
answered on Dec 3, 2018

Seller's agent is responsible to inform buyer of known omissions to the buyer. The first question to be answered is: whether the seller had an "agent." Did you deal directly with the seller or someone else? An agent is a person who has been authorized to act on behalf of a... View More

1 Answer | Asked in Collections for Idaho on
Q: How long after my vehicle has been repossessed and sold should I receive a letter from the creditor about the sale?

My vehicle was repossessed. The amount I still owed was $5700. I received a letter 3 months later saying it was sold. It didn't say for how much. The finance company closed out the account as a paid repossession. But during all that time it sold the account to a debt collector who is... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 22, 2018

Idaho law provides five (5) days for you to replevin (recover) your car. Once the lien holder has presented the paperwork showing the note, the judgment and the order for sale to satisfy the amt. due, it will be sold VERY quickly.

2 Answers | Asked in Immigration Law for Idaho on
Q: How quickly can I get a fiancée visa for my future wife who's a Japanese citizen?
Ms Grace I Gardiner
Ms Grace I Gardiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2018

Right now it’s taking seven to eight months for the interview. It takes six months for the approval of the visa itself

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1 Answer | Asked in Criminal Law for Idaho on
Q: Used a stolen credit card unknowingly by friend who lied about the card?

Never been in trouble other than no car insurance and driving without privilege.

Kevin M Rogers
Kevin M Rogers
answered on Nov 13, 2018

How can you use a credit card "unknowingly?" Let's say your name is Robert. If you used a credit card given you by a friend named John and the name on the card is Bill, how is it that you felt justified in using the card that: 1. you didn't get Bill's permission to use... View More

1 Answer | Asked in Divorce for Idaho on
Q: How long is the process for divorce in Idaho if both parties are amicable?

We have been married for 20 years, have 3 children (18,15,6) and will be filing in Idaho. Looking to get the divorce finalized by March 1st if possible. Reason is irreconcilable differences. What is involved and what is the duration of the process? We have lived separately since February of 2017. I... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 12, 2018

It will take a minimum of 21 days for a default, if only one of you files and the other one just sits on their hands and does nothing. However, if you file the Petition and your wife files an Answer, then "amicable" won't begin to describe the end of the process or the time it will... View More

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: Already paying for my 2 kids child support and now might be a dad with girlfriend and want to know how is that handled

Handled with paying child support for possible new baby

Kevin M Rogers
Kevin M Rogers
answered on Nov 12, 2018

The Idaho Child Support Guidelines make provision for child support being paid to children of another relationship. It's not a dollar for dollar reduction to current child support, but is is taken into consideration.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Are you able to help in the Idaho falls are?
Kevin M Rogers
Kevin M Rogers
answered on Nov 12, 2018

Sorry, it would be too expensive to have to fly from Boise to Idaho Falls every time. However, if you're serious and could afford to fly me to Idaho Falls, I can make time on my calendar.

1 Answer | Asked in Real Estate Law for Idaho on
Q: My husband and I found a house and put an offer on it. We soon found out that realtor did not put our offer in....

He did not take our earnest money or nothing! Then told us we were considered investors so we had to wait 20 days while others had chance to put any offers on it first which happened on the 19 th day of our 20 day wait. We really feel we were tricked for one and for two there is a darn sale pending... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 9, 2018

Did you and your realtor have a written contract? What does it say? What do the recitals say? To determine whether the realtor breached a duty owed to you, you can look up in Title 55 such as:

54-2051. OFFERS TO PURCHASE. (1) A broker or sales associate shall, as promptly as practicable,...
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1 Answer | Asked in Real Estate Law for Idaho on
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.

How do i take control and ownership of the property ?

Kevin M Rogers
Kevin M Rogers
answered on Nov 9, 2018

“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,... View More

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