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Idaho Questions & Answers
1 Answer | Asked in Criminal Law and Family Law for Idaho on
Q: Does a no contact order apply if charges weren't pressed but the two parties were separated do to a domestic dispute
Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

In Idaho there are now 2 types of "stay away" orders. The first is a NO CONTACT ORDER. There is no way to have one of these against you, unless you've been charged with committing a Domestic Battery charge. In other words, it comes attached with a criminal charge. The other... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Idaho on
Q: Can my child's father file for custody in Idaho when she currently lives in Nevada?

She was born in Idaho, but she's lived in Nevada with me since May 2021, for all but 5 months since then. I have proof that she has been living with me in Nevada since then. Doesn't that make her a legal Nevada resident? Can he legally file for custody in Idaho?

Kevin M Rogers
Kevin M Rogers
answered on Nov 2, 2022

NOPE. Foul!

If he files in Idaho, he is required to list all of the places your daughter has lived in the last five (5) years. If he lies on the Petition, an Idaho judge will likely reject the filing. Plus, you are required to receive a copy of what he files and on his Petition, there...
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1 Answer | Asked in Criminal Law for Idaho on
Q: I need help on probation & parlo questions?

So my baby daddy is on felony probation & he lives with his girlfriend, and I'm there just hanging out and probation & parlo shows up and they find drugs can they detained me if I don't live there ? This is in Boise Idaho

Kevin M Rogers
Kevin M Rogers
answered on Oct 27, 2022

Yes, police have a reasonable belief that you at, at a minimum, frequenting a location, where drugs are being used, sold or distributed. So, YES, frequenting is a misdemeanor, criminal charge. Are you interested in going to college? I hope you're wealthy, because a charge of paraphernalia... View More

1 Answer | Asked in Contracts, Tax Law, Business Law and Real Estate Law for Idaho on
Q: How do I get copies of my HOA’s accounting records in Idaho if I suspect wrongdoing or incorrect bookkeeping?

I believe they are not assessing dues properly, misappropriating funds, in breach of contract for performance, and paying a bookkeeper that is incompetent inflated and unreported compensation.

Kevin M Rogers
Kevin M Rogers
answered on Oct 11, 2022

I really enjoy questions like this because I champion the rights of home owners in an HOA. An HOA is kind of like being in the mafia, but instead of being a "soldier," treated with some respect, you're treated with disrespect and ridicule. You should get a copy of the HOA's... View More

1 Answer | Asked in Family Law for Idaho on
Q: I signed my parental rights over of my son to his aunt but it wasn't notorized is it still legal and can it be used

His grandma has temp guardianship and I want my son back I didn't mean to sign my rights over to the aunt what do I do

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

Idaho law says that a parent may give someone their parental rights for upto six (6) months, without having to go to court. Many people do this. The fact that it wasn't notarized will not do anything for you, unless it is your belief that your signature was forged or that your spouse's... View More

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: Does a QRDO override a divorce decree? My decree states I forgo my ex’s retirement. But there is not a QRDO filed.

Married 1982- 1996, I was a stay at home mom for the first 11 years of marriage . I agreed under duress because at the time my X Threatened he would leave the state and not give me even child support . Fast forward to today. My X is retiring and asked need to sign a waiver of pension benefits. I... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

A QDRO does not override a Divorce Decree, it merely directs the Plan Administrator on how to divide a 401k or military or state retirement. It's simply the "instructions" on how to do it. So, the answer is probably YES you would have the right at this point to get a large portion... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Rights for Idaho on
Q: If you pass the field sobriety and breath tests can an officer push for a forced draw?

blew 0.00 and was still given a forced draw, then charged and brought before a judge with our the results from the lab.

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

There are 2 sanctioned ways the State can prosecute a DUI. The definition of Driving Under the Influence, is when a driver is seated in the driver's seat with the motor running, and "under the influence" of an intoxicant.

Idaho also as adopted a .08 level of alcohol so as...
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1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: i was recently pulled over for "speeding" by a state officer, and i said I do not consent to a search, yet he does....

He searches my car, on a hunch he says, even though the stop was for speeding, he finds nothing in my car. The passenger was searched after that, and then booked into jail on a drug possession charge.

I was never ticketed even though the officer pulled me over for "speeding", and... View More

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

Police have the right to pull you over, if they get information from Dispatch or their CAD system, telling them that you are suspended or not licensed or if they see (or say they see) you commit a traffic infraction. I file Motions to Suppress, whenever I see a report and the cop SAYS he saw a... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Can I hunt with a Bow in the state of Idaho while I'm on probation. I'm on probation for embezzlement.
Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

Yes. While you're on probation, you may not possess a "weapon," but I believe the Legislature was referring to guns, not bows.

1 Answer | Asked in Criminal Law for Idaho on
Q: If a judge does not go along with the plea agreement can you withdraw your plea?
Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

There is an Idaho Criminal Rule 11. It says:

Notice of Plea Agreement. If a plea agreement is reached by the parties, the court must, on the record, require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the...
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1 Answer | Asked in Criminal Law for Idaho on
Q: arrested for DWP and then car searched and drugs found, but have proof that license was valid. Will all charges be drop

They said I was suspended for sr22 lapsing. But I have written proof it did not from dmv.

Kevin M Rogers
Kevin M Rogers
answered on Sep 9, 2022

In order for a policeman to pull you out of traffic, the cop must have a valid, articulable suspicion that you are, have been, or are about to commit a crime, even a traffic offense. So, if we judge the cop's actions in pulling you over, we must look at the information he/she had about you,... View More

1 Answer | Asked in Personal Injury for Idaho on
Q: Are there legal issues if I had over the counter allergy meds available for customers in case of a reaction?

It's a beekeeping related business where people can come do beekeeping with a beekeeper.

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2022

An Idaho attorney could advise best, but your question remains open for a week. Until you are able to discuss with a local attorney familiar with the state law, it sounds like a measure that could place you at unnecessary risk, since you aren't in the business of dispensing medicine,... View More

1 Answer | Asked in Civil Litigation for Idaho on
Q: My grandson's Allstar little league coach rarely played 3 Allstars in Cal Ripken baseball tournaments over the summer.

We spent several thousand dollars for equipment, gas, motel reservations, food, etc. over the summer to see these kids sit on the bench on an Allstar team that required tryouts. The coach also told fans where they could or couldn't sit and stand to watch the games. Because I had a run in with... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 26, 2022

A "case" for what? Not playing your grandson? Nope. The coach has "discretion" to play anyone he wants. The "remedy" you have is social media and hope the "powers that be" don't hire him next season. Sorry there's not more you can do. It sucks, I know.

1 Answer | Asked in Libel & Slander for Idaho on
Q: I have an ex who discovered a personal situation I’m in. I have a minor std. and he posted it all over his social media.

He’s telling hundreds of people and it’s causing immense amounts of chaos. I’ve tried speaking to him and his friends about just Atleast taking the posts down. He refuses. I’ve also reported his accounts. Is there anything I can do?

Kevin M Rogers
Kevin M Rogers
answered on Jul 26, 2022

There are recognized, "bad stuff" you can tell about another person, and have hell to pay for doing so; disparaging a female's "chaste character" is actionable (our society still imputes chastity to females) as liable, broadly defined as both spoken "slander," or... View More

1 Answer | Asked in Consumer Law and Criminal Law for Idaho on
Q: Is it illegal for a 19 year old to drink nonalcoholic beers or drinks?

I live in Nampa, Idaho and I know that some nonalcoholic drinks are treated the same as alcoholic drinks, so if someone is not able to prove they're 21 and older then they'll be refused of service. So my main question is, is it illegal for a young adult below the legal drinking age to... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 25, 2022

Of course. If you substitute the words "non-alcoholic beverages" for "water," the answer would make more sense. Idaho law prohibits those under twenty-one (21) from consuming alcohol. So, what I think you might be talking about is if you were stopped by police or they... View More

1 Answer | Asked in Immigration Law and Education Law for Idaho on
Q: I attend barber school with out a legal status in the US , but now that i finished I can't get my license cause of it

But the only reason I attend barber school was cause the school were the ones that told me I didn't need a legal status that w just my ITIN I could get my barbers license but once I finished school and submitted my application to the state for the license they said I needed so type of permit... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Jul 11, 2022

I don't know much about barber school and barber licenses, but it is very possible that the school requires different credentials from the agency that issues the licenses. In other words, your immigration status or lack of status might have not been an obstacle to the school, but it still an... View More

1 Answer | Asked in Products Liability and Business Law for Idaho on
Q: Do we have to have general liability insurance for our go karts or can we just have customers sign waivers?
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

An Idaho attorney could advise best, but your question remains open for two weeks. Until you're able to arrange a meaningful consult with a local attorney, it's worth noting that nationwide, liability waivers are not a substitute for insurance. They can have limitations. You could... View More

1 Answer | Asked in Copyright and Construction Law for Idaho on
Q: We contracted with a developer to design spec homes for their development which they would build. Not doing so

Developer is having financial issues and has begun selling our drawings to buyers of their lots and allowing them to bring in their own construction company to build house. This was not our agreement. We have no control over the construction phase using our drawings which may or may not be latest... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 15, 2022

Check your contract. Depending on your payment, you may have released your rights to the other company.

You may have the right to contract independently with the home owners.

Consult with an attorney.

1 Answer | Asked in Bankruptcy for Idaho on
Q: Does a 309a form include full ssn to ex spouse when filing bankruptcy?
Timothy Denison
Timothy Denison
answered on Jun 9, 2022

No.

1 Answer | Asked in Divorce for Idaho on
Q: Am I responsible to store ex's personal belongings that he was to make arrangements to have picked up w/in 90 days

Ex has been incarcerated since 2018 to present. Am I responsible to store his belongings after divorce was final and gave him 90 days?

Also, if I was to pay ex for equity of home and nor him or his attorney provided Deed of Trust address. Do I still have to pay? Is there a statute of limitations?

Kevin M Rogers
Kevin M Rogers
answered on May 8, 2022

As to your ex’s belongings. What I recommend is that you send him a letter, while he’s in jail, telling him that he has 30 days to have someone (preferably family) pick up his belongings and that if no one comes within 30 days, you will dispose of his things as you see fit.

As to your...
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