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Kelly Kumm
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Kelly Kumm’s Answers

40 total

  • Can I get my charges dropped after taking a plea deal if I found something that could prove me innocent?

    At the end of last year I was arrested for possession after taking my mother to the hospital. The police found two of my mothers painkillers in the pants I was wearing. I didn't know they were there. For the last 3 years I had been taking care of ...

    Kelly’s Answer

    A lot more information is needed before your question can be answered accurately. How long ago did you plead guilty? Have you been sentenced? If not, the chances are good that you can withdraw. If you have been sentenced, you have to show the court there is a "manifest injustice" that will occur if you are not allowed to withdraw your plea. Newly discovered evidence can be the basis to withdraw a plea, but this doesn't sound like "newly" discovered evidence. It is essentially the same information you had given to your PD previously, that is that your mother can ID the pills as hers. You don't indicate how the pills were found by law enforcement in the first place. It would appear that your PD may have done you a disservice by telling you you were lying. If you weren't lying, why did you plead guilty? Can you take a polygraph? You should consult a local criminal defense attorney for more clarification on your options. Good luck.

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  • What are the laws regarding custody and child support when the mother leaves the state with an unborn child.

    My ex girlfriend is pregnant and leaving the state. We were never married. She recently informed me that she is leaving Idaho to move to Texas and that I was now her ex. I live in Wyoming. I also question the paternity. Will I have to travel to T...

    Kelly’s Answer

    I don't know what laws it is to which you refer but child custody and child support laws are generally the same regardless of the travel plans of the mom. You should consult with an attorney ASAP. Good luck.

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  • Is there anything I can do??

    I found out a girl used my name for drug charges. I then got arrested for a warrant and had to bail myself out. The prosecutors ended up dropping the charges and charged the other girl with them and false information to an officer. But now I can't...

    Kelly’s Answer

    You can't recover the money you paid to the bond company as you got what you bargained for in that transaction. You could sue the girl that used your name falsely but, given the fact she is on the run and charged with drug offenses, the chances you will recover something from her appear to be slim. You should consult a lawyer to advise you further and to analyze whether an officer or agency who charged you might be liable under an illegal seizure theory or some other theory. Good luck.

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  • How do I fight these things I'm being charged with that wasn't mine??

    Me an another person was pulled over. He had a warrant out of another state so the cop cuffed him and put him in his car. My license is suspended so the cop said I could drive the car so it would have to be towed an inventoried so I asked if I cou...

    Kelly’s Answer

    My colleague from Florida is spot on. This is a constructive possession case from the sound of it. Don't say anything more until you have consulted with an attorney.

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  • What can I do in this situation?

    Okay. So my ex and i separated in November more like him throw me to the streets on our anniversary and 10 days before our daughters birthday. He always makes me seem like the horrible parent. When i was on the streets in Idaho he rarely let me se...

    Kelly’s Answer

    I think your only option is to find a lawyer in Idaho to help you. It seems as though you are being bullied by the father and he wants to keep you out of your daughter's life. If you don't fight for your rights as a mother, you won't get any. Use the Find a Lawyer tab above to find a lawyer who is willing to work for you.

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  • I don't really understand his sentence.... Confinement terms: Penitentiary determinate: 2 years. Penitentiary indeterminate: 2

    My husband was driving our vehicle and was pulled over . one of the passengers had drugs on them & threw them on the floor.. My husband was charged & convicted ... I don't really understand his sentence.... Sentenced To Incarceration (I37-2732(a)(...

    Kelly’s Answer

    Idaho has a unified sentencing scheme. A sentence of 2 years determinate and 2 years indeterminate means the 2 years determinate are fixed, he will have to serve all of that. At the end of 2 years, he will be eligible for parole and the parole board will determine how much, if any, of the indeterminate sentence he will have to serve. Bottom line -- he will serve anywhere from 2 to 4 years in prison.

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  • How do I tell the judge I was under the influence of heydrocodines

    What should I do . My lawyer was suspended And I was given a P.D for my sentencing .My Attorney that represented me made a plead agreement with the court . He told me to plead guilty and if I did not it would upset the judge and the prosecut...

    Kelly’s Answer

    First of all, be very cautious about discussing the facts of your case in this forum. If you answered questions on the form untruthfully, you should start by telling the judge the answers were incorrect. As far as "restarting" or withdrawing you plea of guilty, you should seek out a second opinion from another attorney.

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  • What do I need to put in my notice to reschedule arraignment? Should i have an attorney do this?

    I was pulled over in Idaho, driving a U-haul truck while moving from Montana to Nevada. The officer ended up searching the entire U-haul and found under a gram of Marijuana and paraphernalia. This is my first misdemeanor charge, and my record is c...

    Kelly’s Answer

    Such cases can often be handled without the necessity of another personal appearance. To do that, you will need the assistance of a capable criminal defense attorney. I have serious reservations about how an officer could find probably cause to search a U-Haul trailer but since I don't know the facts, I will concede that it is possible. As my colleagues have suggested, this is a serious charge and proceeding without an attorney could be very costly. Good luck.

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  • Discretionary: 90 days. Penitentiary determinate: 2 years. Penitentiary indeterminate: 5 years.

    I am trying to figure out what this means? She didn't end up with much of a sentence for a 3rd DUI, it also states this: Confinement Option Recorded: Work release. Penitentiary suspended

    Kelly’s Answer

    It sounds like the court has sentenced the defendant to do 2 years without the possibility of good time or parole and then it is left up to the Department of Corrections how much of the indeterminate time (5 years) the defendant will have to serve. If that sentence was suspended and the defendant was placed on probation, the 90 days of discretionary time is local incarceration that can be served at the discretion of the probation officer. PIease consult with an attorney if you need further information.

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  • I'm wondering if any of that jail time that was suspended goes away if I complete the first 2 of the 4 years on probation?

    So May 14th, 2013 I was sentenced on 2 charges. I received consecutive sentences. I received 365 days, 240 suspended, 125 credited, and 2 years probation for one. The other is 180 days with 180 suspended, 2 years probation. It's stated that both t...

    Kelly’s Answer

    You raise an excellent question. I would consult with one of the many excellent criminal defense lawyers in your area, or the attorney who represented you on the original charges, for advice. My best guess is the term for which you had no jail time to serve would run first. If so, the 180 days of that sentence would drop off first and you should now be serving probation on the sentence that had you serve an additional 115 days. Without researching the matter further, I'm not completely confident in this answer, however, and consulting further with an attorney is warranted before relying on this answer.

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