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 Appeals / Appellate Law for Idaho on
Q: A person lied under oath and I have legal documents to prove it. Can their testimony be thrown out/and/or a new trial?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2015

The time to challenge the testimony through rigorous cross examination by a seasoned attorney has come and gone.

1 Answer | Asked in Criminal Law for Idaho on
Q: Can a CA penal code 12020 from 1980 be expunged from my record?

The item in question was a "dirk" which I purchased from a store I worked at. I didn't know it was illegal to possess because it was offered for sale in my store.

I don't recall ever going to court, but my record shows I was convicted of a felony and sentenced to 90... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 21, 2015

It is a mistake to think that you can get a complete answer on an internet forum like this, and any response you get is given with the provision that you will go see a local attorney for advice. Do that, find out if anything can be done at all about this.

1 Answer | Asked in Constitutional Law for Idaho on
Q: Can the constitution ever be changed, why or why not?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Yes, the constitution can be changed. Why? Because amendments change it and there have been many so far. There are of course plenty more answers to this question.

1 Answer | Asked in Constitutional Law for Idaho on
Q: Can enforcement trespass on my property without permission

If you have additional details about your question fill them here

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

No facts, no answer to the situation and no application of the law.

1 Answer | Asked in Criminal Law for Idaho on
Q: Am i in possession of drug contraband found during a warrant search of my home if i wasnt in home when search was done?

Just left my home and got stopped. I was informed of a search warrant of my home in which my brother was still present yet not residing. Upon the officers search drug contraband was located and seized. I am an admitted drug addict and this being my first encounter of this magnitude i became scared... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 16, 2015

You hire a private attorney for the specifically tailored legal advice and representation that you need.

1 Answer | Asked in Products Liability for Idaho on
Q: Do I need to file a 3 day notice for eviction of incarcerated person with drug involvement?

There is no rental agreement or payment involved with incarcerated person. Law enforcement request to find out this information under Idaho Code 6-303

Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

This is a real estate question, not products liability. You may want to re-post.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It...
View More

1 Answer | Asked in Criminal Law for Idaho on
Q: How long is a search warrant good for

Search warrant dated April 5th served October 4th 2015

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 7, 2015

Here is the statute, I think:

TITLE 19

CRIMINAL PROCEDURE

CHAPTER 44

SEARCH WARRANTS

19-4412. Time for executing warrant. A search warrant must be executed and returned to the magistrate who issued it, within fourteen (14) days after its date; after the...
View More

1 Answer | Asked in Constitutional Law for Idaho on
Q: Article II Section I includes clause 'or a citizen of the United States;' what does this clause mean? Why is it there?

This clause is part of the original constitution of the United States of America and follows "No person except a natural born Citizen;" how is this not interpreted to mean that any citizen of the United States, natural born or (emphasis on the or) not can run for the presidency?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 7, 2015

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been... View More

1 Answer | Asked in Car Accidents for Idaho on
Q: Car wreck

So I was rear ended the other night and it was a three car wreck the cop told me I could go without giving or taking any information and I didn't know any better so I left then I had to turn it into the insurance and want me to pay for the deductible which I shouldn't have to because It... View More

Adam Studnicki
Adam Studnicki
answered on Oct 3, 2015

A lawyer should be able to get a copy of the report.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a...
View More

1 Answer | Asked in Criminal Law for Idaho on
Q: how do I find info on my fathers 1957 stolen gun charges and report on attempting to sell stolen guns on 1957 robbery
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 1, 2015

Hire a private investigator, probably.

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: Can make a case against my dad for neglect after being left home alone at time from the ages of 6-8 years old?

I am 20 years old now and I am wondering if I can get a settlement for neglect from my dad for leaving me in his house alone for hours when I was between the ages of 6-8 years old. My dad fought for 50% custody when my parents got divorced. Now from what I know that means he would take me one week... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2015

You have no cause of action against you Dad. It is unfortunate, you just need to move on. Good luck.

1 Answer | Asked in Criminal Law for Idaho on
Q: Where on my record does a negligent boating in the state of Idaho show up?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 15, 2015

In the court file. Also, if it was criminal case, all police departments have access to a database which will show that information.

1 Answer | Asked in Bankruptcy for Idaho on
Q: If I don't know whether I should file or not. Is there a place where I can get free counseling or free help?

Bankruptcy

Kevin W. Chern
Kevin W. Chern
answered on Sep 14, 2015

Before you file for bankruptcy, you must complete credit counseling. The purpose of this requirement is to help you determine whether or not there are other viable options for you. You can find a list of approved agencies here:... View More

1 Answer | Asked in Family Law for Idaho on
Q: Do I need to file for divorse in the state it was issued or the state I live in.
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 14, 2015

Go see a local family attorney about this. The attorney will determine where it needs to be filed. Usually, that is where the people last resided together, not the state they were married in.

1 Answer | Asked in Employment Law and Insurance Defense for Idaho on
Q: My employer dropped one disabilty carrier and now we have a new one which can I file with??

I have been working a modified work schedule since 6/2014. I filed for short term disability thru my employer which i pay up on. The short term was for carpal tunnel. I continued to stay working the same modified schedule due to fibromyalgia and raynauds. I was denied long term and all payments... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 13, 2015

Your injury was incurred when you were covered by the first carrier. Although the conditions you are attempting to file for are new, they apparently resulted from the period of employment when coverage was by the first carrier, so you should file with that carrier. Whey you were told you... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: 3 years ago I took out chapter 7. I included a rental property. Its been 3 years now and the bank just started the

Forcloser. I received a bill from the city saying I owe them for maintenance on the yard. Do I owe this debt?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

You say this was a rental property. Do you mean that you own it and were renting it to someone else (and somehow retained ownership post-bankruptcy), or that you were living in it and renting it from someone? If you had rights to the property after the bankruptcy discharge yes, you owe for... View More

1 Answer | Asked in Bankruptcy for Idaho on
Q: 3 years ago I took out chapter 7. I included a rental property. Its been 3 years now and the bank just started the

Forcloser. I received a bill from the city saying I owe them for maintenance on the yard. Do I owe this debt?

Robert Gambrell
Robert Gambrell
answered on Sep 9, 2015

Until the bank completes the foreclosure, you are the owner of the property. As a result, you are responsible for maintaining the property. This is the reason I recommend to my clients that they stay in the home until the bank forecloses. If the property is a rental, I recommend to my clients... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: If you married in Idaho after a crime was committed would you have to testify against your spouse ?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 5, 2015

If you are a witness, probably. The spousal privilege usually only applies for things that occur during the marriage. This ocurred before marriage.

The spouse needs to get a private criminal defense attorney.

1 Answer | Asked in Criminal Law for Idaho on
Q: Is the FBI required to leave a receipt of inventory seized following execution of search and seizure?

The FBI served a warrant for a search and seizure, there is no receipt of property seized at the time of this warrant? Isn't it law that this receipt be left at the site of execution or with the home owner? I have now been held for just short of 1 month by feds and feds haven't even... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 5, 2015

You need to talk with your attorney about this, and only your attorney. You know, the one appointed to represent you. I didn't know that inmates have access to the internet to ask questions like this. You should know that this is not private, it is not confidential.

1 Answer | Asked in Criminal Law for Idaho on
Q: can I bail someone out of jail for contempt
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 4, 2015

That depends upon what the order says. You have not provided what we need to know.

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.