LEGAL RESOURCES AND ADVICE
This publication was made to offer general legal information, not for specific legal advice, which can only be given by a lawyer. This publication reflects the state of the law in effect at the time of publication. You should consult with your own lawyer for advice and to make sure that you are aware of the most recent changes in the law. The following are numbers you may contact for information:
Court Assistance Office 382-7178
Idaho Legal Aid 345-0106
Idaho Volunteer Lawyer Program 1-800-221-3295
Valley County Prosecutorís Officer 382-7120
Valley County Victim Witness Coordinator 382-7123
Things to remember if you are arrested.
*Juvenile Law-this section does not make sense
If you are under 18 and are charged with an offense, you may be petitioned in to court, you may be placed on supervised probation with Valley County Juvenile Court Services and you may be taken into custody. If the charges are serious enough, the state may petition the court to prosecute you as an adult.
*Laws Regarding Harboring a Runaway
A person who knowingly or intentionally provides housing or other accommodations to a child (17) years of age or younger without the authority of one of the following SHALL BE GUILTY OF A MISDEMEANOR. A person convicted of a violation of this law may be punished by imprisonment and/or fines.
1. The custodial parent or guardian of the child.
2. The State, County, or City thereof.
3. The one having legal custody of the child.
*Accessories and Aiding in the Commission of Crimes:-need info for this section
Police may obtain a search warrant only after showing the judge that there is probable cause to believe that evidence of a criminal offense, contraband, or anything illegally possessed, is located in the place to be searched. Police must have a warrant to search private property, such as a residence, vehicle, or luggage, except in a few cases including the following:
*School Search and Seizure
The following rules apply to the search of school property assigned to a specific student (locker, desk, etc.) and the seizure of items in his/her possession:
No one under the age of 15 may have or use a firearm without the knowledge and consent of a parent or guardian, and then only at a place at least one mile outside any city limits. Most cities have ordinances forbidding anyone discharging a firearm or air gun within the city limits. A weapon may not be carried concealed on the person or in a vehicle unless a license is obtained from the local Sheriff. It is illegal to have a firearm which has had the serial number altered or removed. A person between the age of 12 and 16 may obtain a hunting license but only after completing a course of safety instruction and only when the application is made by a parent or guardian.
The penalties for offenses involving illegal drugs or large amounts of marijuana can be quite harsh. The possession of even a small amount of marijuana is against the law. Any vehicle used to carry or transport drugs can be seized. It is illegal to have any drug paraphernalia in your possession.
The purchase, consumption, and possession of an alcoholic beverage by a person under 21 years of age is punishable by a fine. Possession of an alcoholic beverage with a broken seal, accessible to any occupant in a motor vehicle, is a separate offense. The parents of any underage person found consuming or in possession of an alcoholic beverage will be notified by the police. Violations of liquor laws are treated as misdemeanors requiring an appearance in court. Drinking alcoholic beverages, including beer, has a progressive effect on people; drinking a little can lead to drinking a lot.
*Legal Ramifications of Drug and Alcohol Use and Consumption
Possession and consumption of beer or alcohol by an underage individual is a misdemeanor. Note that this crime does not require that the underage individual be legally intoxicated: possession or consumption is sufficient. This crime may be committed at a public or private gathering and includes possession or consumption in a motor vehicle. Thus, an underage individual who possesses or consumes beer or alcohol during a party at a fellow studentís residence has committed a crime.
It is a misdemeanor for an underage individual purchasing, attempting to purchase, or misrepresenting oneís age in purchasing or attempting to purchase beer or alcoholic beverages.
Displaying or possessing a fictitious or fraudulently altered driverís license or State identification card is a misdemeanor. To display or represent another personís driverís license as your own is a misdemeanor. It is also a misdemeanor for anyone to lend or permit another person to use his or her driverís license.
Contributing to a Minor
Furnishing beer or alcohol to an underage individual is a misdemeanor. An example of this crime is the situation where an of-age brother or sister of an underage individual purchases alcohol for the underage persons.
Open Container in a Vehicle
It is a misdemeanor for anyone to have any receptacle containing beer or alcohol in the vehicle if the original seal is broken. This crime is commonly referred to as an "open container" and a person may be charged despite the fact that the individual has not consumed the beer or alcohol.
Driving Under the Influence-Homicide
If an individual who is under the influence of alcohol, any controlled drug or substance, or a combination thereof, unintentionally or negligently causes the death of another person while operating a motor vehicle, that individual may by guilty of Vehicular Homicide, which is a felony. It is not necessary to prove that the individual intentionally caused the death of another.
Alcohol or Marijuana While Driving-Penalty/Cost
In the event an individual consumes or uses alcohol or drugs and subsequently operates a motor vehicle, the individual subjects him/herself to being considered:
1. Driving under the influence of alcohol.
2. Driving under the influence of marijuana or any controlled drug or substance.
The crime may be a misdemeanor or a felony and the individual may be prohibited from driving for a specified period of time. The costs associated with this crime are significant.
If anyone knowingly possesses marijuana, that person has
committed a misdemeanor or a felony depending upon the amount possessed. Note
that burned marijuana residue or marijuana seeds are considered to be marijuana,
and will subject the individual possessing such substance to potential criminal
penalties. Anyone who distributes marijuana is guilty of a felony. In addition,
an individual can be charged with a crime if the individual is simply present in
an automobile where marijuana is being used in his or her presence, despite the
fact that the individual may contend he or she did not partake.
It is a misdemeanor to be present knowing that a controlled drug or substance is being illegally stored or used therein. Thus, if an individual attends a party at another residence and is aware that controlled drugs are being illegally used, the individual has committed a crime, despite the fact that he or she may have simply observed others illegally using the controlled substance.
Send mail to Cascade_ID@yahoo.com with
questions or comments about this web site.