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Kelly Kumm
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Kelly Kumm’s Answers

20 total


  • Police: 'admit or you're going to jail'-while WINKING at store manager.I had nothing to admit.(not guilty) That cant be legal?

    i was detained upon leaving a store getting groceries. i had looked at a necklace, then set it down somewhere (like an idiot) in the store. They called the cops, Arrested for pettit theft (didnt do it, they never found anything). Cop was telling m...

    Kelly’s Answer

    If you were arrested for willful concealment or petit theft, I fail to see how you could ever be found guilty if the stolen merchandise was never found on you. I don't see how the officer could arrest you in the first place but, unfortunately, that happens frequently under these circumstances. The officers believe everything they are told by loss prevention personnel at the store.

    If you plead guilty, the case will be set for a pretrial conference, which is your chance to plead your case to the prosecutor. If the facts are as you say they are, the prosecutor may agree that there is no evidence to sustain a conviction and dismiss the charge. If he doesn't dismiss, you will be best off hiring a lawyer to protect you. Good luck.

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  • I was given an MIC and in court if it comes up that earlier that night I had a felony amount of pot can that add to the charge?

    I didn't let the officer look in my bag because I had pot paraphernalia in it. I didn't tell the officers why I wouldn't open it. I assume this will come up in court, and I will tell the truth that earlier that night I had a felony amount of pot i...

    Kelly’s Answer

    PLEASE don't discuss the facts of your MIC charge on this forum. Everything law enforcement finds on this site can be used against you. Never discuss facts like this without consulting with an attorney. I realize you were trying to do that, but attorneys can't help you on this forum. They have to have an opportunity to review police reports, etc. before they can properly advise you.
    Having said that, I can't see how the contents of the bag would come up in court but, if it does, you should remain silent, which is your right. As my colleague above state, consult with a lawyer ASAP. Good luck.

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  • My son is 21 nd on felony probation. The probation officer will not listen to me about his meds or his mental illness

    he was found guilty of sending a sexual text message to a 15 yr old when he was almost 20...when it all started I told them about my sons adhd and his ODD. since his age is no longer in the children category they diagnosed him with Conduct Disord...

    Kelly’s Answer

    I didn't see a question in your note. It appears you are upset that the PO won't take your calls. The PO has no duty to take your calls. You also mention behavioral, mental health and drug issues. Are you asking whether those should have an impact on his probation -- or his judgment of conviction? If so, more information is needed but the short answer is probably not. As my colleagues below state, you should contact a good criminal defense attorney. You will likely get information that will help you better understand the PO and the criminal justice system as whole. Good luck to both you and your son.

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  • I was just charged with paraphernalia in boise idaho it is my first offense, misdemeanor charge.

    I'm planning on pleading guilty should i still get a lawyer? I was told i'll probably only have to pay a fine but cops'll tell you anything so any pro advice would be welcome.

    Kelly’s Answer

    If you feel you should plead guilty without consulting with a lawyer, you proceed at your own risk. Most likely, however, you will receive only a fine and court costs. The charge comes with a maximum of several months in jail and a maximum fine, I believe, of $1,000. You could also be placed on probation. Good luck.

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  • I was considering representing myself but have second thoughts. Need advice

    I was charged with Reckless driving and have chosen to go to court on July 15th before a judge and not a jury. I was going to represent myself since I have clear evidence from my dash cam but am now having second thoughts. Everything the deputy pu...

    Kelly’s Answer

    As the saying goes, those who choose to represent themselves have a fool for a client.

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  • After found not guilty in a case how do i get my stuff back and dose the county have to buy me new items

    the cops took a number of items from my home that they said i stole i proved in court that i dident and now that the case is over they may have given some of the items to the person they said i stole them from and i want to know wether the county...

    Kelly’s Answer

    If law enforcement or some other agent of the state gave away or disposed of property which you owned, you may have a claim for reimbursement. You should contact an attorney to pursue further. Some of the property may still be held in evidence. An attorney can help you recover that property as well.

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  • Do I need a lawyer? Should I fight this?

    I'm being sued by the state of Idaho for foster care (I'm the non defending parent) my girlfriend at the time stole my son from me from Missouri and fled to Idaho, she got him taken by cps, I fought and fought and I now have custody of him, today ...

    Kelly’s Answer

    If I understand your question, you are being sued in Idaho for care which was provided to your son by your girlfriend after she fled to Idaho and after the child was removed from her in Idaho. In other words, the state of Idaho would like to be reimbursed for the care they provided to your son. Why would you want to "fight" against that? If a doctor provided some care to your son while your girlfriend was having her issues, would you want to fight that, too? As the parent of a child, you are responsible for all of the "necessaries" provided to your son by a third party, regardless of whether you specifically authorized them. You may have a dispute about the amount, or maybe even whether the care provided by the state was necessary, but you didn't provide enough information to know from your question. However, assuming your son was placed into foster care after all child protection laws were followed by the court, the care provided to your son was likely necessary and you would likely lose a challenge to the state's request for reimbursement. Good luck.

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  • 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?

    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? The father and I agree, and plan to get married when we turn 18, but I live with my mom who is very controlling."

    Kelly’s 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.

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  • What are the chances of me getting a pardon in Idaho?

    10 years ago was involved in a felony. Ended up with a withheld conviction for grand theft. 5 years of probation, no violations or issues. Been off probation for almost 5 years. What are my chances of getting a pardon and getting my record cleared?

    Kelly’s Answer

    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.

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