Can I get all of my civil rights back after I complete the sentence then file motion to withdraw guilty plea and dismiss case?
Erik's answer
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Answered on December 27, 2021
Idaho does not have expungement for adult criminal cases. When a plea is withdrawn and the case is dismissed, that is a dismissal. It normally...
How should I handle this if we broke up? And apartment lease is under our names?
Erik's answer
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Answered on December 26, 2021
There isn’t necessarily a legal solution. If Tom and Sally rent a place together and both are on the lease, and Sally takes off with the carnival,...
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So my son is currently on probation hasn't checked in for awhile and his case says it's reopened - post judgement activation wh?
Erik's answer
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Answered on December 26, 2021
A case that has been reopened, post-judgment, probably means the state has filed a motion for probation violation. This would seem to be an...
Can I speak on my wife's behalf?
Erik's answer
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Answered on December 26, 2021
If you aren’t an attorney you cannot advocate for her interests in legal matters. A power of attorney does not convey the powers possessed by an...
Is it illegal?
Erik's answer
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Answered on December 23, 2021
It isn’t illegal for cops to put suspects to this choice, and they do it frequently. You still have a choice - jail or snitching. Both choices...
My hearing motion to suppress hearing was vacated I do not understand what that means in Idaho
Erik's answer
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Answered on December 23, 2021
Vacating a hearing is just about the same as canceling a doctor appointment. It’s just taken off the calendar. You’ll have to ask your attorney...
How can I avoid a DUI?
Erik's answer
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Answered on December 22, 2021
If you have no prior DUIs you are likely looking at a “regular first” DUI. The potential sentence is up to $1000 in fines and up to 180 days jail....
My son's Rider was taken away after he was attacked 2 days before his classes we supposed to start now he is in for another year
Erik's answer
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Answered on December 19, 2021
It isn’t clear what your question is.
Prison has a zero-tolerance policy on violence. Your son didn’t have to go confront the other inmate. ...
Can I ask court to dismiss a misdemeanor citation that officer forgot to sign himself, AND didn't write in the DATE OR TIME?
Erik's answer
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Answered on December 18, 2021
A misdemeanor criminal action will be governed mostly by the Idaho Criminal Rules, and the Idaho Misdemeanor Criminal Rules.
Idaho Criminal Rule...
Can the state press charges on our 17 year old daughter for making a false report about abuse if she is found to be lying?
Erik's answer
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Answered on December 16, 2021
The state can prosecute anything criminal that it learns about. We cannot even give you odds on whether that would happen - it will be up to an...
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