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Ian Nicholas Service

Ian Service’s Answers

34 total


  • Can the court really deny my right to counsel because I can't​ afford to hire my own?

    Ian’s Answer

    I agree with Mr. Campbell. The right to an attorney only attaches when the ultimate penalty includes jail or prison time. Remember you are innocent until proven guilty at trial OR plead guilty.

    Any jail time prior to a "conviction" is served with a "right to a reasonable bond." (With Murder charges being the rare exception to this right).

    So, the judge was correct because the "state" wasn't seeking to take away your liberty right with whatever the minor charges were.

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  • Is it likely that I will be charged for shoplifting?

    Ian’s Answer

    Yes. It is quite likely you could be charged. Since the crime occurred while you were still a minor (under 18) the charge will only be as a "juvenile."

    The store and police will talk and then determine whether or not prosecution is worth their time. If you are charged, you have a right to an attorney to represent you. These court appointed attorneys can really help you figure out the whole process and put your mind at ease. I recommend you take full advantage of their legal knowledge and counsel. Your record as an adult is worth protecting, so stop breaking the law.

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  • Will I get kicked out of the Tasc program if I drop dirty on my 1st test if I had a dirty test while I was on pretrial services?

    Ian’s Answer

    I believe this to be true about TASC testing. As long as the numbers are only reducing - their reports will reflect as such. Violations will occur if the numbers ever go up higher than previous tests.

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  • If I have NO kids can CPS make me drug test ?

    Ian’s Answer

    No.

    CPS does NOT have the authority to force you to take a drug test. If you have no kids, you have no OPEN CPS case. Do not volunteer to test.

    However, if there is an Open DCS case at the house you reside (generally sleeping over with intent to go nowhere else) the court can require background checks on all adults living within BEFORE allowing any kids to return to the home. This may include drug testing- but not normally - except for the biological parents.

    So, if you moved out, and the children are not yours- neither the court nor CPS can force a drug test. You have a 5th Amendment right against self incrimination and should not test for CPS unless actually court ordered. The court must have a warrant or cause to test you.

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  • When applying for a job what should I put when asked if I have ever been convicted of a crime if all charges have been set aside

    Ian’s Answer

    Generally the answer should be "yes." If you have the original court orders that set aside the convictions - they should be attached to the explanation.

    If you answer "no" and later a background check reveals the charges, convictions, and even the set aside - it may be considered dishonest on the applications. This is FAR worse than explaining the history up front.

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  • How long do inmates wait in county jail before they are transfered to the rider program?

    Ian’s Answer

    At sentencing her "custody" should've been transferred to the Idaho Department of Corrections (DOC). This means the County is no longer responsible for her custody. However, the DOC often contracts with the counties (jails) to hold inmates at their county facilities until a RIDER spot and bed is available at a State DOC facility. I recommend calling the Idaho DOC to verify she is actually in their custody as ordered.

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  • Would this fall under double jeopardy law?

    Ian’s Answer

    A dismissal "without prejudice" means they can file again. If it was dismissed WITH prejudice - the state would be barred from a re-file.

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  • Can I contest a parking ticket by objecting to the city parking code itself?

    Ian’s Answer

    You may argue any aspect of your ticket you wish. It is the City's burden of proof to show you violated the code in all its elements.

    1. Arguing "its's a lesser safety hazard" would be very difficult because the code says nothing (no element) regarding safety hazards. So, just facing the wrong way against the regular flow of traffic is what the city would need to show as proof at trial - not risks.

    2. The amount of the fine isn't negotiable with the court as the codes are legislated across the city. However, a city prosecutor has the authority to amend a citation to a "lessor" violation available that might fit your facts. I recommend you politely call and talk with a city deputy prosecutor about your citation and request a lessor charge or even a dismissal. A bit of caution: If your driving record isn't good State-wide, the city attorneys will know it.

    If you aren't comfortable calling yourself - hire an attorney in the city to do it for you.

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  • Will I get sentenced more time for missing an order for a day in jail for the second time for a DUI?

    Ian’s Answer

    The answer is two part:
    1. It seems you have already been "sentenced" for the DUI. Max time is 10 days - you were given 1. That order that has your original sentence shouldn't change. So likely more time on the ORIGINAL sentence is not great unless the order has built-in some time.

    HOWEVER

    2. An Order to Show Cause (OSC) complaint is a separate matter - apart from the DUI- and has its own set of penalties - including jail time. OSC is a CONTEMPT of Court matter. This means you are accused of failing to follow a lawful court's order. This submits you to the court's own power to jail you and/or fine you. The OSC will not change the DUI matter as they are different altogether.

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  • I'm 16 and I'm pregnant but my boyfriend is 18 once I have the baby I will be 17 can he get in any trouble?

    Ian’s Answer

    Your question is answered with a "maybe." It seems you are implying that because your BF is over 18 and you are not - it is statutory rape. Legally this is true based on age minor and adult. However, in my experience as a county attorney these cases are rarely charged and depend on a few facts:
    1. How long the relationship has been together.
    2. If they were together as a couple prior to either reaching age 18 is a factor
    3. The age difference between the two.

    Example: Age appropriate relationships may include an 18 year old high school senior and with his GF of only 16 if they go to school together, dated for awhile and so on...

    4. If the age gap is 4-5+ years, then it's considered abnormal (and creepy). 15 year old girls should NOT be dating 40 year old men. Period.

    SO- The likeliness of him getting in trouble is possible but from your small amount of facts - not highly.

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