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Idaho Questions & Answers
1 Answer | Asked in Child Custody and Civil Rights for Idaho on
Q: Will taking my ex to court for full while he is away make me look bad?

My ex husband and I have been divorced for over 4 years. But the metal and verbal abused has been still going strong. He has a new girlfriend in the picture and lately he has been trying to give her power of attorney over our kids because he doesn't want me to have them. Even though his being... View More

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

In order to get full custody, or any change in previous orders for custody you must show the Court that since the time of the last order there have been changes in you, in the father, in the amount of time each spends with the children, violence etc. and those changes in circumstances have to be... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Store got license plate after I shoplifted.now cops r at door. Should I answer?

No employees stopped me, but they may have gotten my license plate number. And about an hour after the shoplifting occured, 2 cops came and knocked on my door. I didn't answer. So what will happen now??

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2018

It depends. Do you want to be arrested or summoned? I realize that your question was asked 3 weeks ago and that whatever happened happened, but perhaps for the benefit of others, let me tell you that MOST of the time when someone is cited and/or arrested for shoplifting, the police officer... View More

1 Answer | Asked in Family Law and Juvenile Law for Idaho on
Q: Is it ok for the judge to say "well what do you want me to do hes a danger to himself the community hes a meth head."

He is 16 yrs oldHe did not test dirty when he was arrested but has prior.can and how do i go about filing a complaint?

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2018

A judge has a lot of latitude to say what he feels will impact someone he is speaking to or sentencing or ruling on a request for ROR or lowered bond etc. Judges have an ethical duty to be courteous and to treat every person who comes before the court with dignity.... View More

1 Answer | Asked in Foreclosure for Idaho on
Q: When is it prudent to threaten or proceed with foreclosure due to delinquent HOA Fees?

Should the delinquency be for a minimum amount? What are typical costs for proceeding? Will costs be recovered as part of the lien?

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2018

Homeowner's HOA fees are enforceable in court and attorney fees may be awarded pursuant to the HOA Agreement as well as Idaho Code. Enforcement of the HOA lien recorded for the purpose of clouding the title as also valid and if it is necessary to enforce the lien to recover HOA fees, there... View More

1 Answer | Asked in Personal Injury for Idaho on
Q: Was driving a company car and got in an accident - will the other driver sue me or my company?
Kurt Holzer
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Kurt Holzer
answered on Jun 15, 2018

Not all collisions end in a lawsuit. I am assuming that you were the person who made the mistake and caused the collision. If that is true the injured person has the right to bring the claim against you, or if you were "within the course and scope" of your employment, your employer.... View More

1 Answer | Asked in Immigration Law for Idaho on
Q: My friend was beat, robbed, held at gunpoint , home broken into. I-918 needs signed. Cops won't sign..WHY??

Maybe because it's a case of racisim?? Someone has to sign this I -918 for the U-Visa.my friend IS a Victim of Crime. We have all the proof

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

Your friend should meet with an immigration attorney who is experienced in U visas.

2 Answers | Asked in Immigration Law for Idaho on
Q: For the U Visa I'm having the local law enforcement sign I-918 form!! I would greatly appreciate it if I could get help

I'm hving trouble with local law enforcement not signing the I-918 form

Carl Shusterman
Carl Shusterman
answered on May 30, 2018

If law enforcement will not sign the I-918, you are ineligible for a U visa.

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1 Answer | Asked in Immigration Law for Idaho on
Q: Hello , I'm filing for a U-Visa I can't get local law enforcement to sign the I-918 ( SuppB) what can I do?
Carl Shusterman
Carl Shusterman
answered on May 30, 2018

This is a requirement for a U visa.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Idaho on
Q: My Fiance wants to give up rights to 4 of his 6 children but wants to adopt my 5 year old. Will he still be able to?

4 out of 6 of his children he doesn't have any contact with nor will they allow him any contact. 2 of them live out of state and the other 2 live 45 minutes away. He also wants to adopt my 5 year old when we get married due to him being the only "Dad" she has ever known.

Kevin M Rogers
Kevin M Rogers
answered on May 24, 2018

That's a really good question. Adoption is not a misterial act by a judge. It requires a Petition for adoption and the Magistrate WILL examine the Petition, which includes all kinds of information and the question probably will come up at some point: why would you want to adopt someone... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: I need help on my husband's 3 felony charges in 2 different counties by same officer. But I've seen so many faults and

Mess ups to many to list. they want to give my husband life basically can anyone help me

Kevin M Rogers
Kevin M Rogers
answered on May 24, 2018

I am available for consultation. Please call me. 208-805-9880

1 Answer | Asked in Criminal Law and Federal Crimes for Idaho on
Q: My son has 2 criminal complaints filed against him but neither the court or sheriff dept will disclose any info. Why?

My son has 3 untried criminal cases in Boise, Idaho. He is currently incarcerated in a California prison. I discovered he has 2 new criminal complaints filed that I have inquired about with the County Clerk, the Sheriff Dept and Police Dept as to what charges are being made against him in these 2... View More

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

In Idaho and a growing number of jurisdictions, the courts have changed systems to the new, so called "icourt" system. If actual charges have been filed then there will be generated a case number. Once the case number has been assigned you should be able to look up your son's case... View More

1 Answer | Asked in Family Law for Idaho on
Q: How much does my ex husband girlfriend have rights over our children if he leaves the state longer then 6 months

My ex husband and I have 50/50 but for the past 2 years I have had our kids full time. where he only see them every other weekend. For the past 4 year he as not been following the parenting plan, has been putting the children in the middle and talking bad about me in front the children. I have... View More

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

Your ex-husband is obviously a jerk and you're lucky to be free of him. His girl friend is also less than a lady. She has absolutely NO PARENTAL RIGHTS WHATSOEVER to those kids, period. You have NO obligation to let her have them on "his time," and no Magistrate will ever hold you... View More

1 Answer | Asked in Personal Injury, Civil Rights and Communications Law for Idaho on
Q: Someone has texted me calling me very horrible foul names and has degraded my character and who i am as a person..

This person has attacked my character by texting me hateful things about who i am as a person and falsely accused me of harrassment and did not show up to court when i did to prove my innocence.. i have felt violated and humiliated and attacked.. What can i do about this? It has affected me... View More

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

The person who texted you is welcome to say what they think about you, once. They don't commit a crime unless they text you again after texting them to "NEVER TEXT ME AGAIN." If they text you again, they have committed the crime of "disturbing the peace," Idaho Code... View More

1 Answer | Asked in Juvenile Law for Idaho on
Q: I want to move to idaho, but I have a juvenile sex case that I successfully completed. Am I required to register there?
Kevin M Rogers
Kevin M Rogers
answered on May 15, 2018

Hello,

I am having to assume that your "juvenile sex case" is a register(able) offense, were it an adult offense. Your question stresses "that I successfully completed." Do you mean by this that you completed juvenile probation? Or, perhaps that you were granted a...
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1 Answer | Asked in Immigration Law for Idaho on
Q: If someone I contract out with hires illegal aliens, am I going to get prosecuted?
Carl Shusterman
Carl Shusterman
answered on May 10, 2018

Possibly. Not a good idea.

1 Answer | Asked in Immigration Law for Idaho on
Q: I'm on an I type visa and would like to get a driver's licence in the state of idaho.Is it possible? Thanks.

I would like to know what I can do to get a driver's licence.

Carl Shusterman
Carl Shusterman
answered on May 10, 2018

You are on an I visa? If so, you should be able to get a drivers license. Speak with the motor vehicles department in Idaho.

3 Answers | Asked in DUI / DWI for Idaho on
Q: Are there worse penalties if your blood alcohol test is high?
Jeffery Nona
Jeffery Nona
answered on Apr 30, 2018

If your blood alcohol comes back as excessive there are additional penalties. In Idaho an excessive BAC is 0.20 or higher. You can read the statue here https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch80/sect18-8004c/

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1 Answer | Asked in Business Law for Idaho on
Q: What is the law for having a treasure hunt to win cash prizes when the clues to find it are paid for?
Michael Hales
Michael Hales
answered on Apr 17, 2018

This is kind of a tough one because it really depends on the scope of the project. I imagine that advertising, registration, and consumer laws will all come into play. I'd recommend discussing this with an attorney to get a detailed answer.

1 Answer | Asked in Consumer Law and Contracts for Idaho on
Q: cell insurance doesnt have my phone, gave me option of upgraded model but says my deduct will go up by 125.00 can they

increased deductible 125.00 because they dont have my phone!! is that legal

Christian K. Lassen
PREMIUM
Christian K. Lassen
answered on Apr 2, 2018

We would have to review the policy in order to provide meaningful answers

1 Answer | Asked in Business Law and Contracts for Idaho on
Q: Who is responsible when suing an LLC?

I had an LLC do a $15k backyard project in October 2017, issues have risen and I am now planning to take the company to small claims. I learned that the company switched owners at the beginning of March 2018 and the new owners are now claiming they are not responsible. It is all listed under the... View More

Michael Hales
Michael Hales
answered on Mar 28, 2018

The prior owners will be responsible, but the new ones may be as well depending on the sales agreement when they purchased the business. You may want to talk to an attorney who can review all the facts of your situation.

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