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Idaho Questions & Answers
1 Answer | Asked in Personal Injury for Idaho on
Q: How does a personal injury lawsuit turn into a criminal case?
Kurt Holzer
PREMIUM
Kurt Holzer
answered on Jan 12, 2018

A personal injury case is a civil case. A civil case is a private lawsuit brought by a one person against another person. A civil case provides compensation to the injured person. On the other hand a criminal case is brought by the State of Idaho against a person for an act the law says is... View More

1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on
Q: Do I have a case if I was injured in an accident as an adolescent more than two years ago but suffer from pain still?

Accident occurred as an adolescent but due to my injuries sustained in accident and lack of medical care due to legal guardians ignorance I now suffer from constant pain as an adult. Can I still seek compensation for pain and suffering due to an accident that occurred 10 or 11 years ago?

Kurt Holzer
PREMIUM
Kurt Holzer
answered on Jan 12, 2018

The Idaho statute of limitations is generally 2 years. If you are under 18 it can be extended for either an additional 6 years or until you turn 20 whichever comes first. SO if it been more than 10 years than the unfortunate answer is no

1 Answer | Asked in Health Care Law and Medical Malpractice for Idaho on
Q: I tried to get my child inpatient mental health help. She doesn't think it's helping, wants to come home. I was told she

will be probably be put on a hold if we try to take her home now. And that could last for days until the courts work it out. I want my child and think it is illegal for them to hold her against my consent. We live in Idaho. If we agree to a safety plan is it illegal for the facility to hold her... View More

J. Charles Hepworth
PREMIUM
J. Charles Hepworth
answered on Jan 12, 2018

These situations are incredibly difficult. Although it is marked as a medical malpractice question it really is not that. I am sorry I cannot give you a legal evaluation of your question

1 Answer | Asked in Business Formation, Business Law and Contracts for Idaho on
Q: Is someone not registered as a business owner entitled to anything? We did not hire them.

Someone is threatening to take me to court over a business I am registered to as the owner. The other party was going to be added on as a part owner but the paperwork was never filed. Now we have decided not to work together. The other party wants money for the time spent helping the business... View More

Michael Hales
Michael Hales
answered on Jan 7, 2018

I had a very similar case in Orlando a few years back. The parties were planning a joint venture, but it never went through. Unfortunately, my client made some verbal promises that the other party relied on and started moving forward as if they agreement had been made. My client didn't stop... View More

1 Answer | Asked in Criminal Law and Immigration Law for Idaho on
Q: can a european citizen visits an inmate in USA state prison? Is it even possible are they any options? please help.

I have meet stephen newman on penpal add an i have been writing to him for 4 years now, and i would really love to visit him, since we started to dating last year.

Jordan C. Moody
Jordan C. Moody
answered on Jan 5, 2018

That will depend on the rules of the prison, but the process would be to call the prison and ask if a person would be able to use a foreign passport as a form of ID during an inmate visit.

1 Answer | Asked in Car Accidents and Criminal Law for Idaho on
Q: Cop handed over my case to a prosecutor but she left out compelling evidence. why?

a few weeks ago the cop told me that the kid denied hitting my car while it was parked and fleeing the scene but she handed over the case to the prosecutor but I just got off the phone with the prosecutor and he tells me that he can't press criminal charges because there was no evidence and... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

Chances are she has a lot of other cases which are crimes as opposed to crashes. General attitude is "let the insurance companies fight it out."

So give the screen shots to the prosecutor.

1 Answer | Asked in Business Law and Bankruptcy for Idaho on
Q: My son and I own a wine bar under an LLC. We fell behind on rent and our landlord tells us he will take all our assets

and we must finish paying on our lease for another 6 months. Can we file for bankruptcy and would it be helpful

Michael Hales
Michael Hales
answered on Dec 23, 2017

I would speak with an attorney as soon as possible because the solution will be very specific to your situation. In general, the landlord may be able to utilize company assets to collect on unpaid rent. Bankruptcy may be an option, but depending on which chapter you file, if the value of the assets... View More

1 Answer | Asked in Contracts, Family Law, Juvenile Law and Social Security for Idaho on
Q: Can I sue my mom for not paying me money she owes me?

I am 17. Roughly two years ago when my baby sister was first born, my mother agreed to pay me $20 every time she was gone more than two hours and I had to watch the baby. Well, she now owes me over $600 and there has been multiple instances where she has left me overnight alone with my 5 younger... View More

F. Anthony Bullock
F. Anthony Bullock
answered on Dec 20, 2017

Courts in most states would construe such an arrangement as a gratuitous promise, unsupported by consideration, and therefore unenforceable at law. In short if you attempted to engage in litigation to recover the requested sum it is unlikely that you will be successful.

2 Answers | Asked in Business Formation for Idaho on
Q: How much does it cost to form an LLC?
Michael Hales
Michael Hales
answered on Dec 15, 2017

It costs $100 and can be done through the Idaho Secretary of State's website.

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1 Answer | Asked in Business Law and Business Formation for Idaho on
Q: What are the benefits of creating a company as opposed to doing business as an individual?
Michael Hales
Michael Hales
answered on Dec 15, 2017

This is a great question and one I am addressing in my business law class right now. Although about 60% of businesses in Idaho operate as sole proprietorships, there can be a great benefit in operating as an entity. The primary reason tends to be that you can limit some liabilities if you operate... View More

1 Answer | Asked in Copyright for Idaho on
Q: Is content individuals post on social media sites copyrighted?
Michael Hales
Michael Hales
answered on Dec 15, 2017

I was recently addressing this very issue in my business law class. The short answer is yes, anytime content is put down in a tangible medium, including social media, it receives copyright protections. The interesting twist is that some social media sites have tried to claim that they hold the... View More

1 Answer | Asked in Estate Planning and Probate for Idaho on
Q: If I am listed in a will for a reward of a certain amount of money. Can they pay out less than what is listed?
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 13, 2017

Under certain circumstances, yes.

For example, if there is not enough money to distribute ALL the specific bequests, each would be proportionally reduced. Or if there are 'priority claims' such as probate or funeral costs that exceed the amount that would allow a full payout of...
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1 Answer | Asked in Social Security for Idaho on
Q: If I have a lot of monthly retirement income from my 401K, does that disqualify me for receiving social security

payments?

Michael Hales
Michael Hales
answered on Dec 11, 2017

No, it doesn't. There are, of course, exceptions like if you're talking about some forms of Social Security Disability.

1 Answer | Asked in Trademark for Idaho on
Q: If I register an official trademark, how long does that last for?
Michael Hales
Michael Hales
answered on Dec 11, 2017

Trademarks last forever, assuming they meet all necessary criteria.

1 Answer | Asked in Criminal Law and Immigration Law for Idaho on
Q: I'm the victim of domestic violence/strangulation and with minors present, can I drop the charges and set the abuser fr

this is in Idaho - my husband/boyfriend has been jail a week. I want to drop the charges that I never put, the hospital put the charges, but I dont want him to get charged. this was his first offense.

what can I do?

the prosecutor has been pushing me to testify against him and if... View More

Jordan C. Moody
Jordan C. Moody
answered on Nov 21, 2017

This is a question for a criminal defense attorney, and I would seek a consultation with a one as soon as possible. But the prosecutor cannot have your children taken away if you refuse to testify. That can only be decided by a judge.

If there were signs of physical injury, the prosecutor...
View More

1 Answer | Asked in Probate for Idaho on
Q: I nominated a co executor in my husband's probate estate. Can I now revoke this decision at the first hearing?
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 29, 2017

Without seeing ALL the paperwork it is impossible to answer this question. This is a question you should be asking your attorney.

If you are trying to go through probate without an attorney, you are asking for trouble! GET AN ATTORNEY to represent you ASAP and certainly before the first...
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1 Answer | Asked in Probate for Idaho on
Q: Can I revoke my nomination if a coexecutor of my late husband's estate that is in probate due to his not having a will?
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 29, 2017

Your question isn't exactly clear, but if you mean 'do I HAVE to act in my husband's estate' the answer is of course, no. You can simply not ask for or refuse the nomination if you feel that is better, but you should consult with a local probate attorney to insure you know the... View More

1 Answer | Asked in Intellectual Property for Idaho on
Q: If u bring every bit of knowledge for biz and partners put up the money. Ur the one with the intellectual prop right?

I built the biz and entered temp agreement with partners...they brought the money and basic computer/ phone set up and I brought all the contacts, suppliers, scripts, structure of biz myself and closed all the deals. I made the biz 37k in 3 weeks time and had to put the biz on hold because I feel... View More

Benton R Patterson III
Benton R Patterson III
answered on Oct 25, 2017

The partner that contributes intellectual property to a business does not necessarily own the intellectual property. An attorney would need to review the partnership agreement to determine who owns the intellectual property. Although, business contacts, supplier relationships, and business... View More

1 Answer | Asked in Family Law, Immigration Law and Criminal Law for Idaho on
Q: can a person with no amercian citizenship visit a incarcerated?

Hi!

im from europe and i have a boyfriend in usa Idaho orofino prison, we known each other for 4 years and i want to visit him, but we dont know if its even possible that someone out of States could visit an inmate? please help me, i have contacted several lawyers and never got a specific... View More

Jordan C. Moody
Jordan C. Moody
answered on Sep 28, 2017

That's going to depend on what identification documents the prison will accept. Call the prison where your boyfriend is being held and ask them what forms of ID would be accepted for visits. A foreign passport should be sufficient for them.

1 Answer | Asked in Consumer Law, Products Liability, Tax Law and Banking for Idaho on
Q: There is a company in idaho that handles communications for inmates currently incarcerated, they breach their terms

Of service, add charges that SHOULD not be there and have the same excuse each time and why they are not responsible even after you run their test prior to using their services (test runs speeds and connections) comes back good.. ive lost enough money to this company swindling their customers i... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

Contact the Idaho Civil Liberties Union and ask if they have a prison rights division --this has been litigated.

Depending on charges, you may find it easier to get your family or whoever you call an 800 number so you can call free.

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