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Idaho Criminal Law Questions & Answers
1 Answer | Asked in Federal Crimes, Civil Rights and Criminal Law for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of grievances.... View More

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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Idaho on
Q: I was stopped for going 41 mph in a 35 mph zone and I got surprise K9 searched. I also never went faster than 39 mph.

The cop asked for my license and registration after telling me he stopped me for speeding and that I was driving 41 mph in a 35 mph zone. I knew he was bullshitting and never even hit me with a speed gun because I have a radar. He also asked if he could search my vehicle and asked me a million... View More

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answered on Mar 30, 2024

Based on your description, there are several potential issues with the traffic stop and search:

1. Pretext for the stop: If you were not actually speeding (as your radar indicated), the officer may have used the alleged speeding violation as a pretext to stop you and investigate for drugs.... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Criminal Law and Communications Law for Idaho on
Q: If my ex boyfriend is in prison for aggravated assault and aggravated battery and while in prison he calls me

We have a no contact order so he in violation he gets parole and tries to call me again can I do anything for the prison letting him out with pending violation charges

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answered on Feb 28, 2024

If your ex-boyfriend violates the no contact order by attempting to contact you while in prison, you can report the violation to the appropriate authorities. Provide any evidence or documentation you have of the attempted contact to support your report. It's important to take these violations... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Idaho on
Q: When a policeman don't have permission or a warrant, they're not to just walk up on private land (Which the person has

total permission to be there napping in their car to seeing a vape pen for TCB (thc and tcb look the same exact) claiming the name inscribed on the battery portion, was way good enough for allegedly claiming there is now enough for probable cause, asks you to step outta the vehicle pulling you out... View More

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answered on Jan 21, 2024

Under the Fourth Amendment, individuals are protected from unreasonable searches and seizures. This means that a police officer generally needs a warrant to search private property, including a vehicle, unless certain exceptions apply. These exceptions might include situations where there is... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: How can I protect myself against a bias judge who lied about my being in court put a fake warrant out for my arrest.

I have since sanctioned him and the magistrate in that county and am to appear again soon. How can I expect that to go well and I am representing myself making it more difficult to navigate. The debt has been paid as well which I have proof of. It’s all been paid. The bonds were taken out a... View More

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answered on Jan 18, 2024

I would suggest a few things in this situation:

1. Gather all documentation you have showing the debt has been paid and any other evidence that supports your case. Having solid documentation will be key.

2. Consider requesting a different judge for the next hearing, since you feel... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: I was sitting outside a gas station that is open 24 hrs and cop states he ran my license and saw that I had a warrant

Is this legal or is it profiling/targeting?? No female present to search prior to arresting, isnt that a violation of my rights?

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answered on Dec 5, 2023

In Idaho, a police officer running your license plate while you're sitting at a gas station is generally legal, as long as they have a legitimate reason to do so. The presence of a warrant found as a result of this check can be a lawful basis for an arrest.

However, the issue of... View More

1 Answer | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and International Law for Idaho on
Q: Facing threats after reporting human trafficking involving Idaho officials. Seeking legal protection and advice.

I'm facing severe threats after reporting human trafficking involving employees from the Idaho Attorney General's office, state courts, and federal judiciary. As a minister who received confessions, I've been advised to leave the country for safety. My lawyer suggested this given a... View More

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answered on Jul 11, 2025

You are in an extremely serious and dangerous situation, and your safety has to come first. Given the threats and the presence of a weapon at your home, you should immediately file a report with local law enforcement and request protection. Even if you’ve already reported this, documenting every... View More

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Idaho on
Q: Are 'good time' awards available for inmates with drug charges in Idaho prisons?

I have a question about 'good time' awards for inmates in Idaho, specifically related to an inmate with 4 felony drug charges serving a 4-year sentence. Are there current policies in Idaho prisons or transformation centers that affect 'good time' awards? I've heard rumors... View More

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answered on Jul 10, 2025

Yes, inmates in Idaho—including those with drug charges—can earn “good time” or earned time reductions, depending on the details of their sentence and behavior. Idaho’s system uses a mix of discretionary parole, fixed terms, and indeterminate terms, which means the inmate’s actual time... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Idaho on
Q: What measures can I take to drive unclothed legally in Idaho?

I live in Twin Falls, Idaho, and I'm curious about what modifications or measures, such as window tinting or other privacy measures, I can legally take with my car to ensure I can drive unclothed without violating traffic or public indecency laws. What are the relevant laws, possible... View More

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answered on Jun 11, 2025

This is a unique question, and it’s wise to ask before taking any risks on the road. In Idaho, there isn’t a law that directly prohibits being unclothed inside your own vehicle. However, public indecency laws can still apply if someone outside the car can see you and feels offended or alarmed... View More

1 Answer | Asked in Consumer Law, White Collar Crime and Criminal Law for Idaho on
Q: Is altering and recashing a deposited check legal? Check fraud concern with landlord.

I'm concerned about a possible case of check fraud involving my landlord. Four months after my rent check was originally mobile deposited from my mother's business account, the landlord managed to recash it. The check was altered with a different date and check number. While the landlord... View More

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answered on May 15, 2025

Altering and recashing a previously deposited check is not legal under most circumstances. Once a check has been deposited—especially through mobile deposit—it is typically marked as "negotiated" or "paid" by the issuing bank, and any attempt to redeposit or alter it can be... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law and Real Estate Law for Idaho on
Q: How to remove boyfriend from my house due to drug use in Idaho?

I need to get my boyfriend out of my house due to his drug use. He has been living with me since January 2025, but he doesn't pay any bills or receive mail here as he's unemployed. I've asked him to leave, but he refuses, and I'm worried that if the cops come, I'll be in... View More

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answered on May 15, 2025

You're in a really stressful situation, and it's understandable that you're looking for a way to protect yourself and your home. Even though your boyfriend doesn't pay bills or get mail there, he may still be considered a legal occupant since he's been living with you for... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for Idaho on
Q: How to protect myself legally as a witness with changing statements and PTSD?

I have been summoned as a witness in a case where I initially accused the defendant of stabbing me. Due to my PTSD and alcoholism from years of domestic violence, my memory is unclear and there's a possibility of an unknown third party being involved. I've been pressured by authorities... View More

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answered on May 14, 2025

You don’t have to navigate this alone—ask the prosecutor or court for a victim‑witness advocate or a public defender to be present before you give any more statements. Having someone by your side can slow down the pressure and help you stick to what you really remember.

Be honest... View More

1 Answer | Asked in Criminal Law, Adoption and Family Law for Idaho on
Q: How can I expunge or seal my record and challenge adoption after medication charge?

I was charged with felony possession of a controlled substance after medication was administered to me during labor and delivery. I pled to misdemeanor frequenting, completed probation, and the case is closed. Medical records proving my innocence were subpoenaed by the state. My parental rights... View More

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answered on Apr 15, 2025

You’ve been through a heartbreaking and unfair journey, and it's courageous of you to seek justice now. Since you pled to a misdemeanor and completed probation, you may be eligible to expunge or seal your record depending on your state’s laws. Most states allow expungement of non-violent... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Can a case be dismissed if the charge date is before the warrant issue date?

I was charged with possession of methamphetamine on January 30th, 2025, but the paperwork indicates the warrant wasn't issued until January 31st, 2025. Additionally, there are several discrepancies in the paperwork related to this crime. Should my case be thrown out due to these issues?

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answered on Apr 13, 2025

The discrepancies you mention, particularly with the charge date being earlier than the warrant issue date, could potentially be significant, but they don't automatically mean your case will be dismissed. In criminal law, timing issues, such as when a charge is filed versus when a warrant is... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Legal options for contesting charges in Idaho involving affidavit retraction and alleged interference.

I'm seeking legal counsel for my son, who's facing serious charges, including Aggravated Assault with a Deadly Weapon, Felony Injury to a Child, and Intimidation of a State's Witness. He maintains innocence on all charges. The alleged victim, his girlfriend, retracted her original... View More

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answered on Apr 13, 2025

Based on Idaho criminal law, your son's situation presents several critical legal considerations. The retraction of the victim's statement via affidavit could be significant evidence, but the manner in which it was obtained (through your mother-in-law's email) has created... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Idaho on
Q: Can my car be seized if trafficking charge is dropped but possession charge is pending?

I faced charges of trafficking and possession of drugs, resulting in the seizure of my car, which is now subject to civil proceedings. The trafficking charge might be dropped, but the possession charge is still pending. I have received a notice for in rem proceedings against my car and have... View More

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answered on Apr 12, 2025

Yes, your car can still be seized even if the trafficking charge is dropped, as long as the possession charge is still pending. Under Idaho's civil forfeiture laws, the government may retain property if it's linked to criminal activity, even if the person is not convicted. Since the... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: When can a loaned item be considered stolen in Idaho?

My mom lent me her car while mine was being repaired in Idaho. She arranged and paid for the towing and repairs, and has a history of lending me her car for transportation. I received her messages late at night about picking up my repaired car. The next morning, she claimed a police officer told... View More

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answered on Apr 12, 2025

In Idaho, a loaned item, like a car, can be considered stolen if the person who borrowed it refuses to return it after being asked to do so or if they intentionally keep the item beyond the agreed-upon time. Since your mom willingly lent you her car, and it was parked legally with the proper... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Idaho on
Q: Can a juvenile in Idaho get a second chance after violating probation for grand theft?

I would like to know if a juvenile in Idaho, who was charged with grand theft (a felony), can get a second chance after violating probation. The violations included being disrespectful, not completing a substance use treatment program, refusing a UA (urinalysis), and testing positive for... View More

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answered on Apr 12, 2025

In Idaho, juveniles who violate probation can often receive a second chance, but it depends on the specifics of the case and the judge’s discretion. Since your juvenile was charged with a felony (grand theft) and has violated probation through substance use and behavioral issues, the court will... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Idaho on
Q: My brother is jailed in Idaho for marijuana possession. What steps should we take next?

My brother, who has a past DUI, was pulled over in Idaho Falls for driving in the left lane while on a trip to Big Sky Resort, where his partner owns a condo. He was then profiled for his long hair and California license plates. After admitting to and handing over a small amount of marijuana... View More

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answered on Apr 12, 2025

You’re doing the right thing by looking for help quickly, especially with your brother still in custody. The first step is to call or check online with the **Bonneville County Jail** in Idaho Falls to confirm his status, charges, and whether bail has been set. If bail has been posted but isn’t... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Idaho on
Q: Received MIP in Idaho at 18 for marijuana and alcohol. How to handle charges?

I'm 18 years old and just received an MIP in Grangeville, Idaho, for marijuana and alcohol while driving alone after being pulled over for speeding. This is my first speeding ticket, but I received an MIP when I was 13. I was told it would be removed from my record when I turned 18, but it... View More

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answered on Apr 1, 2025

You are facing potential significant legal consequences due to receiving a Minor in Possession (MIP) citation in Idaho for both marijuana and alcohol while driving. In Idaho, possession of alcohol by a minor is typically a misdemeanor offense punishable by fines up to $1,000 and potential jail time... View More

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