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Idaho Questions & Answers
1 Answer | Asked in Personal Injury for Idaho on
Q: Does strict liability apply to dog bite cases in Idaho?
Kurt Holzer
PREMIUM
Kurt Holzer
answered on Nov 5, 2018

Idaho dog bite law is complex See Boswell v. Steele. https://cases.justia.com/idaho/supreme-court-civil/2018-45454.pdf?ts=1536256623

1 Answer | Asked in Family Law and Car Accidents for Idaho on
Q: can I stop my boyfriends mom from taking half of his ashes?

My boyfriend passed away unexpectedly in a car accident. His mom has requested half of his ashes. She hasn't been apart of his life since he was very young. His father had full custody of him. We don't feel she deserves half his ashes

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

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... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: son who just turned 18 bought some nicotine packets for a classmate who was underage ,charged with a misdeameanor,

do we need a lawyer? he has had a clean record andis straight a student who made a mistake.

Gary Kollin
Gary Kollin
answered on Oct 31, 2018

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.

3 Answers | Asked in Business Law and Small Claims for Idaho on
Q: Verbal business agreement to buy wood. Wood was not fully delivered and payment was made. The seller refused to deliver.

3 cords of wood were bought and the seller only delivered 1 1/2. Stated that the rest would be delivered the next day. It has been 2 months and wood or money has not been returned.

Michael Hales
Michael Hales
answered on Oct 29, 2018

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.

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1 Answer | Asked in Civil Rights and Constitutional Law for Idaho on
Q: I have been a victim of police-involved sexual misconduct. Do to this happening I have also been retaliated against.

My civil rights were violated when I was illegally searched and arrested. The officer busted my car window out, cut seatbelt off of me with a knife and extracted me out of my car. He and another officer searched inside my pants pockets, my car (including truck & glove compartment). The... View More

John Bulger
John Bulger
answered on Oct 29, 2018

More information is needed to answer your question. You should contact an attorney to see what your options are.

1 Answer | Asked in DUI / DWI for Idaho on
Q: Can I get out of a DUI ticket if it was an emergency? Like driving away from a natural disaster?
Kevin M Rogers
Kevin M Rogers
answered on Oct 25, 2018

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... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Can you obtain the evidence that was against that got you convicted back in 2003 somehow?? How would I go about doing so
Kevin M Rogers
Kevin M Rogers
answered on Oct 16, 2018

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... View More

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on
Q: debt collection cases
Kevin M Rogers
Kevin M Rogers
answered on Oct 15, 2018

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... View More

1 Answer | Asked in Child Custody for Idaho on
Q: a 17 yr old father wants to know if he can get his child custody back
Kevin M Rogers
Kevin M Rogers
answered on Oct 15, 2018

I don’t know what you mean? Please re-read what you just wrote and submit it again.

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: How do I start a custody case?
Kevin M Rogers
Kevin M Rogers
answered on Oct 15, 2018

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.

1 Answer | Asked in Family Law for Idaho on
Q: I am about 14 weeks pregnant. Can the father take me to court when the baby isn’t born yet?

We share custody of a 3 year old already and he wanted me and still wants me to get an abortion I refuse. He left me because I wouldn’t do it. He said I either get it and he stays or I don’t and he goes and I will have to pay him child support since I make more money and he wants in the... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 15, 2018

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... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Idaho on
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

In idaho we just want sentence modification

Kevin M Rogers
Kevin M Rogers
answered on Oct 15, 2018

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, )...
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1 Answer | Asked in DUI / DWI for Idaho on
Q: Am I required to submit to roadside tests if I'm pulled over on suspicion of drunk driving?
Kevin M Rogers
Kevin M Rogers
answered on Oct 10, 2018

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.

1 Answer | Asked in Real Estate Law for Idaho on
Q: granddaughters boyfriend kicked her out of apartment homeless can't get apartment she is on his lease what to do
Kevin M Rogers
Kevin M Rogers
answered on Oct 10, 2018

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... View More

1 Answer | Asked in Family Law for Idaho 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

How can I file a response on my own and what do I do

Kevin M Rogers
Kevin M Rogers
answered on Oct 10, 2018

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... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Idaho on
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

I told cops my husband hit me in the head with something but when i remembered what really happened was Something fell off the shelf I remember now that my husband wasn't even downstairs where I was he went to jail and now is facing battery domestic violence charges. How do I go in and tell... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 10, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: how do i find out if my daughters mom is allowing phone calls with her husband in prison when judge ordered no contact?

high conflict custody case where judge has ordered in custody modification there is to be no contact of any kind between my daughter and her husband who is in prison. my daughter 6 says her mom allows her to talk to him during her time, i have full custody. I called prison and they said theyd open... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 10, 2018

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... View More

1 Answer | Asked in Contracts, Estate Planning, Foreclosure and Real Estate Law for Idaho on
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?

My mother had bad credit. I had excellent credit. She said it would be good for my credit and my future if we bought a house together while I went to school full time and paid my loans as a I went. This is in Idaho. She was the primary owner and she paid the mortgage, as she promised. I gave her... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 10, 2018

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... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Can I press charges for my ex choking me if I don’t have any pictures but do have his confession on text?
Kevin M Rogers
Kevin M Rogers
answered on Oct 8, 2018

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?

1 Answer | Asked in Criminal Law for Idaho on
Q: I ran for 2 years from my stuff but I turned my self in.

I have a job for a year and I lived at the same place for a 2 years I've been clean I have my kids back. I went to the public defender and he said the prosecutor wants to put me on a 6 month rider. Do you think the judge will or let me get a interstate compact to go back where I am doing good.

Kevin M Rogers
Kevin M Rogers
answered on Oct 8, 2018

If you were on felony probation, where one of the first promises you made was to obey all laws, and you ran away, absconded for 2 years, how would it be unfair of the court to convert your probation to a Rider? How does what you have been doing since you came back, atone for the running you did... View More

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