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An out of jurisdiction officer while in another county without authorization collected evidence in an unrelated case from which he was initially investigating
answered on Jan 26, 2023
Yes, it will be admissible in court, if the information is not "hearsay," and the prosecutor can lay the proper evidentiary foundation to introduce it. Most cities and surrounding cities, have "compacts" or "agreements" that each can work "temporarily" in... View More 
answered on Jan 26, 2023
Yes it means that they couldn't find the individual, but nothing but a line that says, "warrant recalled" will mean that there is no longer a warrant. Good luck to you!
answered on Jan 26, 2023
This is a good time to learn about Idaho and the 4th Amendment to the US Constitution. A police officer has been endowed with a limited amount of discretion. He is not required to ticket someone for the "reasonable suspicion" reason that he pulled him over for, but he should if he wants... View More
If I plead guilty what is the chance that I will only get a fine or fine and unsupervised probation
answered on Jan 26, 2023
Possession with Intent (to sell, distribute) is a felony in Idaho. It carries a maximun sentence of 7 years of prison. If you have NO other crimes in your jacket, then you MIGHT be able to get a probation offer. That also might be contingent on you completing 60-90 days in custody going through... View More
When we moved in, my apartment came with a microwave that is built in under the cabinets above the stovetop. The appliance tripped the breaker in the wall, and now the microwave as well as the exhaust fan (as the fan is built into the microwave) is not working. We reached out to maintenance and... View More
answered on Jan 26, 2023
If your microwave isn't working it's obviously because the NEC Code requires a dedicated circuit now for a microwave. The apartment manager gave you a contract, did you read it? If it said that you could plug in your own microwave oven, then you're in good shape. However, Idaho... View More
I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... View More
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answered on Jan 24, 2023
Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... View More
My daughter sees her dad every other weekend. It has been a battle forever. My daughter expresses that she wishes her step dad was her real dad. I don’t want to rush anything but I am concerned that if something happened to me, she would end up with her bio dad where she does not want to be.... View More
answered on Jan 11, 2023
The only age "restriction" I am aware of is the age a child can be called to testify as a witness. Even this law is flexible, depending on the maturity of the child. However, it would be odd if a Court were to place this huge decision in the hands of a child. At age 9, judges must... View More
We sold our home March 2021. We approached the realtor who sold us our home about selling it. We told her the amount we needed to make from it and if she couldn't then we would go another route. She assured us she could. Here is the problem, she neglected to write in our contract that if the... View More
answered on Jan 2, 2023
You are correct in assuming that it IS your written "Listing Agreement," which governs the outcome of your lawsuit. You are unfortunate also, as because you are limited to the "written document," between you and the RE Agent, you will NOT be permitted to offer testimony on what... View More
Have a criminal charge stemming from a really bad traffic stop call. The whole traffic stop threw arrest and release and still going and being monitored have been very poorly handled and quite frankly very qurationble have CT datw 12-12 2022 and my defense lawyer passed away
answered on Jan 2, 2023
You need to do the following:
1. Determine whether the offending officer was a Boise City cop; or an Idaho State Trooper. This is important because you can look up the "Idaho Tort Claims Act," and it says you only have 180 days from the day you "should have been able to... View More
Landlord won't refund a non refundable $400 carpet cleaning/cleaning fee, but allowed one of the original parties on my lease to sign a new lease without having to move out, and never cleaned the carpets or cleaned the property.
answered on Jan 2, 2023
The ONLY deposits which are NOT refundable in Idaho are those Security Deposits. A Security Deposit is one sum of money deposited to guarantee the payment of rent. All other deposits are refundable, if say, the cleaning bill was for $180.00 and the LL charged you a $300 deposit, you are due a... View More
When I was sentenced my judge told me after probation to come back and see him and he would ammend my charge. Charge is from 2015 I completed probation in 2020. I have called the clerks and they say I have to file something in order to have my case placed on the calender, and also that I have to... View More
answered on Jan 2, 2023
In Boise, Idaho, where I practice, it is sometimes necessary for me to call repeatedly the Clerk and ask that she give me a court date. However, it is ALWAYS after I have filed a MOTION FOR DISMISSAL OF CHARGES, pursuant to URCRP Rule 42 for dismissal. Here's a suggestion:
1. Draft... View More
At sentencing, my judge and prosecutor both agreed to allow me to have my charge ammended after I completed probation. I just need to know how to FILE for it. Or what form do I need to file, or how do I get a court date to make this happen. It's idaho code 19-2604. I just need the form/s... View More
answered on Jan 2, 2023
Here's one example you might use:
Comes now the Defendant, ________________, In Propria Persona, and hereby moves this Honorable Court to DISMISS the criminal charges against the Defendant, pursuant to Idaho Code 19-2604.
This motion is made and based on the Court and the... View More
a water meter installed a few months after they took over. The installer took my heat tape off the water pipe. Last week the installed assembly froze, now the land lord want's me to pay for the repair. The installer did not do quality work as relaiyed to me by the repairing plummer.
answered on Dec 28, 2022
The Idaho law on landlord/lessor law is that the lessor must provide you with water, power and heat. If the new owner wants to do away with the internet due to whatever reason, that's his prerogative. You should speak to the new park manager and document the damage to the assembly and ask... View More
My friend is a 13 year old, soon to be 14 living in moscow idaho, and they have been experiencing terrible physical abuse, emotional abuse, and general neglect from their mother for a while now. Me, a friend, and a staff at the local youth center have all reached out to cps and police, but nothing... View More
answered on Dec 28, 2022
ONE thing you can NOT do, is take the law into your own hands. IF you try to take your friend away from the abuse, you will be arrested, and I'm sure you know that. However, you could convince your friend to go with you to the police to report the abuse he's been suffering. That might... View More
Original asking 200, I said I could not afford that. She asked what I could afford, I said my max limit was 100.00. she said she was okay with that. I said okay and paid the 100.00. she said she would deliver the dog. Several hours later she insisted I send her another 100 because she took dog to... View More
answered on Dec 28, 2022
She owes you $100, period. She proposed what we call a "counter offer," i.e., you get the dog if you pay $100 + cost of rehoming etc. This "counteroffer" was NOT accepted by you. The only offer and acceptance of that offer, was your acceptance of her offer to sell the dog to... View More
My ex and myself divorced she got a degree and remarried but refuses to go to work. Her husband makes more than 150,000.00 a year. Then against a Cort order moved 3000 miles away. She asked me if I was OK with this. I finally agreed if she would call child support services and have them stop... View More
answered on Dec 28, 2022
You should take her back to court to enforce the verbal agreement she made with you, re: child support in exchange for allowing her to move 3,000 miles away. Some courts would hold that this was an "agreement against public policy," because it is against the public policy of most states... View More
Hi, I was just wondering if a marriage certificate supersedes a custody order
For example, a man and a woman unmarried have a child, and then they go to court and have an order signed by a judge, joint, physical and legal and a parenting plan set in place and then they get married and then... View More
answered on Dec 27, 2022
The Parenting Agreement IS relevant. However, it's relevance goes down, by the day. Because what the divorce court judge is supposed to do is decide what is in the best interests of the minor child. The Parenting Agreement is very relevant if it's only 4-5 months old when you divorce... View More
answered on Dec 27, 2022
No. To commit a crime in Idaho, requires that it be done willfully. The word "willfully," when applied to the intent with which an act is done or omitted, implies simply a "purpose or willingness" to commit the act referred to. It does not require any intent to violate law, or... View More
One month left before statute of limitations is up, lawyer quit. Talked to office person they said there are certain documents they do not have to give.
answered on Dec 19, 2022
An Idaho attorney could advise best, but your question remains open for two weeks, and you have a looming statute of limitations. Only a local attorney could advise per state rules, but the basic general rule nationwide is that clients are entitled to their files. Some elements might differ by... View More
May be too long ago but here it is. 3 yrs ago someone filed a traffic accident report stating I had rear ended them. They had my registration and insurance proof. Anyway my truck or myself was not in the accident nor was I in the same town. My license was suspended Yada yada the people file for an... View More
answered on Dec 17, 2022
An Idaho attorney could advise best, but your question remains open for two weeks. You could ask them to investigate through the SIU (Special Investigations Unit). This will require thorough investigation, and three years elapsing doesn't help in terms of gathering evidence. A local attorney... View More
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