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Nikki Rachelle Smith

Nikki Smith’s Answers

19 total


  • I am 18 was caught shoplifting ($20) I am scared I will go to jail. Will I? I went in alone and plead guilty was the wrong?

    After I plead guilty they set me up a court date. I had no clue what I was doing I was scared and thought that's what I should do. Will I go to jail? I have had one ticket for following too closely but that's it. Should I have not plead guilty? Wh...

    Nikki’s Answer

    Many lawyers offer free consultations and can answer this question after receiving all the facts of your case. You should consult with an attorney to discuss this, even if just utilizing the free consultation to ease your fears. You should always consult with an attorney before entering a plea, call one as soon as possible and discuss your case.

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  • In Idaho, during a divorce with a 17 year old minor child, will the non custodial parent have to pay child support until 18 yr?

    my husband took a job out of state 16 months ago. he now wants a divorce but claims he will not have to pay child support for our 17 year old daughter. she won't be 18 until june 2014. He makes nearly 50000 a year more than I do. He currently ...

    Nikki’s Answer

    Under the Idaho Child Support Guidelines child support does not end at 17. I agree with the answers above.

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  • Can I apply for citizenship if I have a juvenile felony?

    Can I apply for citizenship with a juvenile felony of grand theft? I was caught shoplifting and was convicted as a juvenile. Will this disqualify me from obtaining citizenship?

    Nikki’s Answer

    • Selected as best answer

    There is a lot more information that is needed to answer this question. What was the felony? How long ago was this? What type of plea was entered? There are a number of factors to consider, thus the only answer based on those facts would be, it depends. You should consult with an immigration lawyer who can then answer that question upon obtaining all the necessary information.

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  • Can Green holder file fo K3 visa for spouse ?

    I am a permanent resident currently living in Columbus and wanted to apply for K3 visa for my spouse.

    Nikki’s Answer

    No you must be a U.S. Citizen. If you have possessed your green card for five years then you qualify to become a U.S. citizen. Consulting with an immigration attorney to discuss timelines would be beneficial.

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  • Is there anything I can do to "remove" sr 22 filing early, forms I can file maybe?

    I was charged with driving without privileges six months ago and have since carried sr22

    Nikki’s Answer

    I agree you need to contact DMV to answer this.

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  • 11 yr old boy in Idaho wants to live with dad in Oregon. Can he choose where he lives now.

    Mom has raised him since he was a baby. She has legal custody. She suffers from BiPolar or Borderline Personality Disorder. She is continually Controlling and Verbally Abusive. She is victim oriented and angry at him for little things. She flu...

    Nikki’s Answer

    An 11 year old is not of age to decide where he lives, but he is old enough that the judge may take his opinion into account. If mom has full custody, you would need to show a material change in circumstances since the original custody order. It appears that mom's mental deterioration and the abuse you describe may rise to that level. More facts would be needed to thoroughly assess how to approach this issue. I suggest speaking with a family law attorney. Many in Idaho offer free consultations.

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  • My ex husband is now stating he is not bringing her home from Texas summer visit with him I'm terrified need help.

    We did sign a mediation agreement which entails only summer visit. He also is in the USA Army in Texas now stating he is not returning daughter. Situation daughter is in there is the woman he is living with, not married to cuts herself, looking t...

    Nikki’s Answer

    I agree that this post is very difficult to follow. If your child lives with you and has only been with her father for the summer, and the order was entered in your state, the court in your state will be the court that has jurisdiction to order her return. If he does not return your child and is violating a court order to return her on a specific date then you have a variety of options to deal with this. If you are concerned for her safety during these visits then you need to talk to a family law attorney in your state and discuss your options.

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  • Contempt of court

    Im subpoenaed to testify against my boyfriend. He is being charged with attempted strangulation and domestic battery. What happens if i dont go, or say he didnt do anything?

    Nikki’s Answer

    No attorney, based on this information, can really answer this question. It is unclear whether saying that "he didn't do anything" is the truth and thus whether you are asking if it is ok to lie on the stand or whether you can change your story and tell the truth now. This is a very difficult question to answer without more information. I would not advise you post that information on here. You can speak with an attorney for yourself and address these concerns. The attorney can then look into the specific facts in this case to determine what your rights are. I can say that if you do take the stand I would advise that you tell the truth, whatever that is. Good luck.

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  • In the state of Idaho, married for 5 years, am I entitled to ?

    husband had a home with a mortgage, we lived together in that home 14 months and married 5 years . Am I entitled to any value of the house? Car purchased with loan in both our names, husband wants to keep the car, and after divorce, take my name...

    Nikki’s Answer

    You have a claim to assets aquired in the five years that you were married regardless of who purchased them if they were purchased with community assets. You and your husband have equal claims to the vehicle and he can request that you refinance it, but this is negotiable. I agree that you likely have a reimbursement claim to the equity in the home that was aquired in the five years that you were married. You should consult with a family law attorney who can assist you in negotiating and fairly dividing the assets aquired during your marriage so that the division is fair. In addition, there may be assets that you are unaware of your rights to that can be used to negotiate for the things that you really want. Good luck

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