Kelly Kumm’s Answers

Kelly Kumm

Pocatello Criminal Defense Attorney.

Contributor Level 5
  1. What are the chances of me getting a pardon in Idaho?

    Answered 13 days ago.

    1. Kelly Kumm
    2. Michael Cole Larsen
    3. William James Young
    3 lawyer answers

    A pardon is relief that can only be granted by a petition to the Board of Pardons and Parole, a division of the Department of Corrections, State of Idaho. If you were granted a withheld judgment and you had o probation violations, you are eligible to have your case dismissed by filing a motion with the sentencing court, which is likely more easy to accomplish than a pardon. Lots of good attorneys in Boise can help you with this for minimal cost. Good luck.

    3 lawyers agreed with this answer

  2. Who takes care of my child while the court determines guardianship in Idaho?

    Answered 4 months ago.

    1. Kelly Kumm
    2. Daniel James Reed
    2 lawyer answers

    Typically, a state has no interest in taking custody of children when a parent dies unless the child is without supervision or any family member who can assume full-time care of the ch8ld until a legal guardian is appointed, if that becomes necessary. If you have named someone as a guardian of your child upon your passing, and that person understands they will have to quickly petition the court for guardianship, you should not have to do anything more.

    Selected as best answer

  3. How long does it take my withheld judgment to kick in so no one can see my record for a charge?

    Answered 5 months ago.

    1. Kelly Kumm
    2. Ronald Robert Shepherd
    3. William J. O'Connor
    3 lawyer answers

    In Idaho, if you receive a withheld judgment in a criminal case, it means you are entitled to ask the court to reduce the charge to a misdemeanor or dismiss the charge entirely AFTER you have successfully completed a period of probation. If you had any violations of probation, you are ineligible for the relief. HOWEVER, even if you get the charge dismissed, all of the record, including the original conviction, remains on your record and Idaho has no reliable procedure to expunge your record....

    2 lawyers agreed with this answer

  4. How long does it take to have your crime withheld off your recorded when your done with probation. I'm don't want be felony

    Answered 5 months ago.

    1. Kelly Kumm
    2. Eric Leckie
    3. Liwu Hong
    3 lawyer answers

    If you received a withheld judgment, you can have the charge reduced or dismissed if you completed probation without any violations. However, you must file a motion for this to happen and, even if it does happen, the fact that you were convicted of a felony at one point remains on your record.

    2 lawyers agreed with this answer

  5. Codefendants being housed in the same unit in jail...is it grounds for dismissal?

    Answered 3 months ago.

    1. Kelly Kumm
    2. John Elbert Cutler
    2 lawyer answers

    No. It would be unwise for the prosecution to allow such a thing to occur, but I don't see any grounds for dismissal based solely on the fact two codefendants are in the same cell.

    1 lawyer agreed with this answer

  6. Can misdemeanor probation be transfered to a different county?

    Answered 5 months ago.

    1. John Elbert Cutler
    2. Kelly Kumm
    3. Daniel M. Truscott
    3 lawyer answers

    In most cases, it is possible to transfer probation. You didn't mention whether this was misdemeanor or felony probation but in either event, you should discuss the possibility of a transfer with your PO. If you want to transfer to another state, it is more complicated and difficult.

    1 lawyer agreed with this answer

  7. Can I change locks from our residence after my wife has removed all of her personal property,

    Answered about 3 years ago.

    1. Kelly Kumm
    1 lawyer answer

    If you have the ability to change the locks, then you can. The rest of the facts are pretty immaterial.

    1 lawyer agreed with this answer

  8. What do I do?

    Answered 5 months ago.

    1. Paula Brown Sinclair
    2. Kelly Kumm
    2 lawyer answers

    First and foremost, don't discuss what you did in this forum. Those issues should be discussed ONLY with your attorney. Anything found on this website can be used against you. Secondly, you can request a public defender at your first appearance. You will have to fill out a financial affidavit to demonstrate that you cannot afford to hire a lawyer. Third, follow your lawyer's advice. Finally, Walmart often tries to get people to pay a$250 civil penalty for the offense. Don't agree to that...

    1 person marked this answer as helpful

  9. Can I be charged with a misdemeanor assault if the assault was accidental and the nurse does't want to press charges?

    Answered 4 days ago.

    1. Michael Cole Larsen
    2. Kelly Kumm
    2 lawyer answers

    It is not a good idea to talk about the facts of your case in this venue. Anything you say on this site can be used against you. The actions you describe sound more like a battery than an assault as you made physical contact with the nurse. The question of whether you INTENDED to strike the nurse is likely something that will be decided by a jury or the court. You should consult with an experienced criminal defense lawyer.

  10. If I am 17 and pregnant, do I have any say in the custody agreement for my baby? Does my mom have to sign off on it?

    Answered 6 days ago.

    1. Kelly Kumm
    1 lawyer answer

    As the biological parent, you have a lot of control over the custody of your child. If you and the father agree on that, no one else is typically able to interfere. In some cases, grandparents can intervene in the case if they can show they have been acting as de facto parents of the child for some time.