Kelly Kumm’s Answers

Kelly Kumm

Pocatello Criminal Defense Attorney.

Contributor Level 4
  1. Who takes care of my child while the court determines guardianship in Idaho?

    Answered about 1 month 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

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

    Answered about 1 month 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

  3. 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 about 2 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

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

    Answered about 2 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

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

    Answered almost 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

  6. What do I do?

    Answered about 1 month 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

  7. Will a pregnant women with no previous history of any substance abuse, have her baby taken away for testing positive for thc?

    Answered 7 days ago.

    1. Marc John Weinpel
    2. Kelly Kumm
    2 lawyer answers

    Unfortunately, I have seen that happen, although infrequently.

  8. What is the minimum penalty for felony injury to a child in Idaho state?

    Answered almost 3 years ago.

    1. Kelly Kumm
    1 lawyer answer

    That would depend on the precise statute of which you are convicted. The main statute for injury to a child, under circumstances or conditions likely to produce great bodily harm or death, carries a 1 year minimum penalty, up to 10 years. I would strongly suggest you speak with your attorney, however, as I believe you can avoid the minimum sentence through a suspended sentence, or otherwise.