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Found 28 results

  1. If u r incarcerated and in idaho do u have any rights to the inheritance even if u r in the will ?
  2. cowgirl7

    Disturbing the peace

    My son was recently picked up for disturbing the peace, mostly loitering in a certain business parking lot. They gave him a ticket for a misdemeanor What type of fine will he get if he pleads guilty? He has never had any misdemeanor before.
  3. My washing machine filled and overflowed for 9.5 hrs. The drain underneath didn't drain. Landlord didn't get carpet guys for 16hrs so the water went through the walls into the next apt. I paid for my hotel for 7 days. Now the landlord wants me to pay for drying and carpet. Washing machine hoses are 1.5 inches and drain is 2 inches. Why should I be responsible.
  4. IdahoDogs1

    Tip pay out from employer

    Hello I work as an independent contractor" dog groomer", As a part of my job I a comission " percentage" for the work that i do, and my customers also tip me, these tips come by way of cash, credit card or check. My conearn is that the owner of the company that I work for is saying that because he is taxed on the payments? that I cant take the tip/ gratuity when it is given to me or the next day and instead that I have to wait 2 weeks and collect my tip/ gratuity on my paycheck. Prior to this we took cash tips over the counter and any tips from checks were paid to us in cash at the end of the week on friday, tips for credit cards were paid to us every 2 weeks with our regular paycheck. It has always been my understanding that tips are the sole property of the contractor or employee and really should be settled and paid out within 24-48 hours. For the owner to say that he has to pay tax on the checks does not make sense because the way we do our bank deposit and dailys is we deduct the overage from a check from the cash for the same day and set that cash aside in the safe. Because we do it this way the cash deposit for the day matches up with the point of sale daily report for the business. Thus again i dont see where the claim comes from where the owner says he has to do it this way or be taxed on our tips. I think that the owner may be attempting to include our tips into our contractor income so he can write it off as if hes paying it to us, but this is in correct as the tips come from the customer and not the business. Just curious if this is legal as it does not make sense to me. Please advise.
  5. What are options for 5 beneficiaries to handle a real estate loan owed the deceased"s estate. The loan will not be paid off for 5 years. Seems complicated administration to keep as is and each of the 5 beneficiaries receive 1/5 of monthly payments and then all 5 have to do the respective taxes each year.
  6. Can they meet the rules of competency? No psychologist will make that conclusion that they are because of their IQ. Can they still sign legal documentation in a court?
  7. Some background.In Idaho.In November my wife was diagnosed with stage 4 colorectal cancer. I do have insurance which is doing a great job of paying. I hit my out of pocket max on my wife twice in 1 1/2 months first time in November and the second time on Jan 2nd. I haven't been paying attention to the bills as the stack gets taller and taller. Last night I opened one and compared it to my EOB from the insurance company. The bill was for $3500 the insurance Co. says the contracted price is $3000 leaving the $500. The insurance Co. says I owe nothing as the hospital is under contract, to be an in network provider, The hospital is billing me for the balance stating I am responsible for the balance. Is this legal? This has already been a life and financially devastating event and for them to expect me to pay more than the contracted price makes me feel like they are kicking me when I'm down. Is it legal?
  8. Employed by national company in NJ fired because i contacted and communicated via phone and text on my personal time with previous manager, seeking advice. Were there civil rights infringed? Can my employer tell me who I can communicate with?
  9. Had a employee that was receiving all bills did not respond to registered letters and bills and let the insurance lapse she is reportedly under doctors care for associated things and we believe a drug user. Suggestion?
  10. My son is 17, GF is 17. She is pregnant and lives at home still. My son lives with us still. They have been very mature about this and are agreeing on almost all parts of the custody agreement. We were hoping to not have to hire lawyers to do it for us, as they agree to 50/50 custody and he will still pay child support until they are married. Problem...because she is under 18, I believe her mother has to sign off on the custody papers? She is refusing to do so, saying that they are not important. However, yes they are important to both of them..how does she go about filing custody agreements if her mom wont sign? Does she have rights? She is in a bad situation..her mom is very controlling and is acting like this is HER baby!
  11. In Idaho Falls Idaho, A friend and I were sitting on my front lawn drinking a beer when a cop stopped and told us we had to go to the back yard or he was writing us a ticket for open container and drinking in public and if we didn't pass his test he was giving us a drunken in public ticket to. I was like WTFE. wow, ok so we moved into the back yard. Can they do that. Is it illegal to drink a beer in my front lawn. No we were not making any kind of scene, We were not drunk, it was our first beer after a long day, we were just sitting there having a beer and that was it. So can they, is it illegal? Can anyone tell me? Thanks Bill H.
  12. I am a physician for a local Native American Tribe in Idaho. I am eligible for the Indian Health Service Student Loan Repayment, but was denied. I have requested information on why I was denied a month ago via email and voicemail but no response. I've reviewed the literature on their website and can not find any information on an appeals process. What is my next step? If I did want to pursue a legal action, what "type" of a lawyer should I look for? Would this be a consumer action? Thank you
  13. I owned stock in a rollover IRA account. Purchase recommended by broker. Co. went bankrupt. Had preferred stock so broker thought investment would come out OK with re-organization (Chapter 11). Lost a third of my modest retirement fund. Accepted the fact and just moved on. Yesterday, received a letter notifying me that I am being sued for return of dividends paid during 2011 and 2012, the years I owned the stock. Reason: the company should not have been paying dividends or something; this predated the bankruptcy filing. Do I have to repay this money?? How do I stop the proceeding against me without repaying the dividends? How in the world would I know a company should not pay dividends?? Thank you
  14. pennywise

    "good time"

    is being credited "good time" for serving time in county jail in Idaho a state law? this is in Ada County, Boise, Idaho.
  15. rvchongo

    mining claim jumper

    I am just wanting to know if anyone has any real information about mining claim jumpers? I would also like to know what ar my LEGAL rights in acordance to protecting my claim and myself and family that work the claim with me?I have heard all sorts of different things ,and I want to be sure of my legal rights on what form of deturants I am able to use legally and how much and what form of postings I am required to post aroung property and claim.
  16. pennywise

    conspiracy to traffic drugs

    what is conspiracy to traffic drugs defined as? and what evidence is needed to convict a person booked on this charge ? thanks
  17. pippobianco

    Laws of Abandonment

    Find a Law Site: I have been married 28 years and my husband throughout the years has become mean verbally and often in the last 7 yrs has told me to leave. Everyday there is verbal abuse and threats to me for the past few years. He has been physically abusive, but I have hidden it from our 6 children. Last year he was physically abusive of which I could not hide. The state police sent me to the hospital and forensics did take photos and I was put in protective custody and he was put on probation. My eyes stayed black from him pounding my face on the floor for six weeks. We sought counsel, but to no avail he became once again mean and did threaten me. He was put on probation for 2 yrs, but taken off this last month as I did not tell he continued to violate his violations to avoid losing all our 28 yrs of home cars. He has become mean and diagnosed with depression and early stages of dementia. His outburst and memory loss scare me and he often keeps a loaded gun and threatens to kill himself. He did in fact the day he pounded my head, totally demolished his large dodge truck to attempt suicide. He has told me when I drive with him he will grab the steering wheel and make me also roll my car. He scares me often with threats. This last year he continues the same behavior, and I just left because he scares me. I do not wish to be married to him, but he threatens I abandoned him in Idaho and will lose all I have. I have been the one who had the better job and all things are in our name. I am afraid and wish a divorce but he says he will take everything since I left him a few months ago. I have never been in charge of any bills or banking. He has taken me off the main account and have little to live on. He is a retired Union Pacific employee and I am a registered nurse who likely paid more in all investments they he. However he earns more than I do now as I have become disabled due to an accident. I am scared of him and his threats. He will not give me a divorce unless I sign over the house. He said he will keep all his income, sell the house and keep all his money. I have little to live off of with my disability. How can I get help until I reach 60 to get money to live on and remain with my standard of life, until I can draw my pension? Can he pay me some money with his high income until I am 60? He has asked me to come home but I am afraid and afraid to lose all. I know we have bills and assets. Can he take all away for abandonment? I am afraid and do not wish to live with him. I have no money for a lawyer. He keeps all? Can you reply?
  18. Good Afternoon, my name is Josh and I have a small business in Idaho. Here's the situation. We signed a 1 year lease from September 15th 2013 to Sept 15, 2014 in a commercial building for office space that has 3 separate offices joined together. Initially in 2013 we signed a lease for all 3 office spaces for $1,000/mo. Over the course of the year our "sales" have dropped 40%. So on August 1st, 2014 I wrote the owner of the building explaining that we would be giving a 30 day notice that we could not afford all 3 offices for the agreed to amount but, we would still like to lease the other 2 office spaces for a lower $ per month and we needed to go either month to month or 3 month commitment on the new lease. The manager, who was in contact with the owner on the phone in front of me asked if that would be agreeable. The owner told the manager that he would agree and said the new monthly rent would be $300 per month. I wrote a check on Sept. 3rd and it was cashed. Now the dilemma. The building has commons areas and bathrooms that say specifically in the lease are available to the tenants and their occupants, i.e. clients/customers/staff members of the tenants. On the Monday of Sept 15, in the afternoon, I was informed by the manager of the building that there had been 3 complaints about some clients in the commons area and was then informed that the commons areas and non-exclusive restroom area were now off limits to us (even though the lease says it's there for the collective building occupants). I was not given specific info on the complaint but I said I would address it with staff and it wouldn't happen again. The following day (Tuesday) the manager of the building gave me a letter from the owner stating that he decided to not renew our lease and we would have to be out by Sept 30th, which is only 2 weeks' notice to try and find a new location. We were never late with payments or been cited for any complaints until now. Also, we have been using the commons areas and non-exclusive bathrooms consistently since the initial lease was signed. My question is do I have any rights here? Specifically since the verbal contract agreed on and the new lease payment cashed shouldn't the owner have to give us a 30 day notice to vacate? If I stay past the 30th of Sept because I can't find a location to move to can the landlord take possession of my business records/inventory? I would greatly appreciate any advice. Thank You
  19. pleaw help@ @e me undersrtands pleas
  20. In 2010 I was forced to file bankruptcy because my now exhusband had signed my name to a small business loan for a business that he and his brother had. I had no knowledge of this loan and never authorized him to sign my name when they closed on this loan. He claims that the bank officer allowed him to sign my name in my place. This loan was taken out in 2008. What I want to know is if I can still go after him for forging my name on this loan document and do I have the right to go after the bank too?
  21. tess56se

    Sexual Assault

    I was wondering if there is a statute of limitations in the state of idaho for charging someone with attempted rape?
  22. pennywise

    reasons for early release?

    what are some reasons a judge will grant a motion for early release? misdemeanor charges with half the sentence served
  23. In 1994, a 19-year-old man drove two girls (per the request of a friend) and two boys to his graduation party in his truck. At the party, there was drinking and the driver, having consumed a large quantity of alcohol, passed out in the back of his truck. After a period of time, he awakened to a girl (one of the girls he drove to the party) giving him oral sex, at which time he got away from her. The girl was later sentenced to rape. The next year, the driver was initially charged with "Lewd con dust with a child under 16" (she was 15), then not finding evidence to support the charge it was later changed to "Crime Against Nature" for having his penis in the rapist's mouth (an old law against oral sex). He was convicted of this crime in 1996. Thereafter, he served jail time, was compelled to go to AA meetings and have probation for 5 years. Because of his conviction, he has unjustly been labeled a "sex offender" and has been placed on the "sex offender registry" for 18 years, as well as the devastating repercussions associated with the conviction. Now, I am considering being married to this man, and myself having 4 children, do not want the stigma or legal repercussions that may ensue because of the label. I would like this very unjust ruling to be overturned. How do I do so?
  24. Hello ALL! I am new to the site and having a difficult time finding case law to help in the preparation of my brief on an appeal. The Defendant was incarcerated at the time the restitution hearing was held and was unable to attend (not her choice). We are appealing (not the sentence, but the restitution) and I want to argue that the Defendant's right to be present at all critical proceedings and to allocate were violated because she did not voluntarily waive her right to be present at said hearing. My problem is that I am finding very little 9th Cir. Case Law(s) to back up my argument. I've found U.S. v. Marks which will be helpful and some other cases from other circuits I could probably shepherd in, but if ANYONE knows of any 9th Cir. Case Laws I should be looking at I'd appreciate it! Thank you!!