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Kevin M Rogers

Kevin M Rogers

Kevin M. Rogers, Attorney at Law, PLLC
  • Divorce, Bankruptcy, Family Law...
  • Idaho
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Summary

Idaho native who understands Idaho and its people and officials. Attended schools in Boise, Idaho and graduated from Borah High School. B.A. from Brigham Young University and J.D. from BYU Law School. Note Editor of the Journal of Public Law. Private practice for 25 years. Practice consisted of civil and criminal defense litigation, bankruptcy, personal injury, civil rights and business formation. If you are married and going through a divorce or getting ready to and you are concerned about your children and want what's best for them, I am the lawyer you want in court with you. If you have been stopped by police and charged with a crime and worried about what will happen to you? Will I be able to bond out? How will this affect my job, my family, my ability to continue to work, then I am the lawyer you want in court with you. If you have been injured in an automobile accident and you worry about your job and how you're going to pay the bills, then you want the experience that I have in dealing with adjusters and the experience of a seasoned trial lawyer. I will answer the phone when you call and i will meet with you and listen to you. If you are at a point in life where you need some help and don't know where else to turn, please give me a call. When you call you will be speaking with a real lawyer, not a secretary or office help.

Practice Areas
  • Divorce
  • Bankruptcy
  • Family Law
  • Business Law
  • DUI & DWI
  • Personal Injury
  • Workers' Compensation
  • Domestic Violence
  • Criminal Law
Fees
  • Free Consultation
  • Credit Cards Accepted
    I will accept credit cards. There is a 2.75% fee in addition to the fees quoted when using a credit card.
  • Contingent Fees
    There is NO ATTORNEY FEE unless you win. If the case is settled without trial, you will receive 70% after the costs are subtracted, such as copies, exhibits, travel expense etc. If the case goes to trial, you will receive 60% of the jury award, after deducting costs of suit. If the jury fails to award you money, you will not owe any fee to me. You will however, be responsible to reimburse me for all costs of trying to win for you.
  • Rates, Retainers and Additional Information
    Criminal defense, adoptions, bankruptcy, most business issues are amenable to a "flat fee" for services I provide. This means I will charge you a one-time fee to represent you and that's all the money you will pay.
Jurisdictions Admitted to Practice
Idaho
Languages
  • Korean: Spoken
Professional Experience
Idaho State Bar Association, Inns of Court
Current
Education
Brigham Young University
J.D. (1989) | Korean Language, Political Science
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Honors: Academic Scholarship
Activities: Debate, Moot Court
J. Ruben Clark Law School
J.D. (1989) | Criminal Law, Criminal Procedure, Civil Procedure, Torts, Bankruptcy I & II, Constitutional Law, Contracts, Remedies
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Most criminal defense and bankruptcy cases will operate on a flat fee basis. All custody matters and other litigation matters will operate on a non-refundable retainer basis plus an hourly rate billing.
Honors: Note Editor: Journal of Publc Law
Activities: Engaged in drafting contracts, custody proceedings, business litigation, legal advise and counsel; appearances and litigation in courtrooms.
Brigham Young University
B.A. (1986) | Political Science, statistics, Korean language
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Wanted to become a physician but the law became of interest to me in a freak accident where my 2 yr. old son Michael had pulled himself up onto a metal folding chair in Sunday School class and in doing so, the chair folded up on his finger, cutting it off. We rushed the lad to UC Davis Hospital where he was triaged behind those drunks who had fallen down after biting their lips etc., and I was enraged. Here was my little boy losing his finger as I struggled to hold the tip to the exposed bone, horrified watching as it dried out. At last a cart with saline went by and I grabbed it and began squirting the finger tip with saline. Ultimately he was seen and the finger was saved. However, when I wrote the LDS Church and asked if they would please remove all such sharp, folding chairs from their buildings to keep the same thing from happening again, i was poo-pooed and told that the Church is self-funded and does not have a liability policy, to which my response was "well isn't that too bad, because all I asked you to do is remove similar chairs to prevent a similar occurrence from repeating itself and all you tell me is "let us do our jobs." I was furious and vowed that day to sue the Church. It was this experience that led me to become an attorney. Too many people are victims of crimes and negligence. They are in need of an advocate. I have spent my career advocating for people.
Honors: Note Editor for the Journal of Public Health
Activities: Extensive studies into the history of the LDS Church which led me to ask to have my name removed.
Professional Associations
Idaho State Bar # 4076
Member
Current
Legal Answers
44 Questions Answered

Q. I am in need of some advice. I pled voluntarily guilty to petit theft.
A: Hello Arourah, Before a warrant comes out you should call me and see if I can get the prosecutor to give you one more opportunity to sign up for "alternative sentencing." But you REALLY need to hurry. Otherwise there will be a warrant coming and then the only option will be to turn yourself in and sit for 5 days. Good luck to you! My number is 208-805-9880
Q. What are my rights as a parent if grandparents were granted De Facto Custodian
A: The word "defacto" means something which exists in reality, whether authorized by law or not. Your parents therefore have some rights to guardianship at least to their granddaughter. They obviously do not have "legal custody," which can only be obtained by going to court or bestowed by birth to parents. So, the question comes to mind, why were your parents given the temporary custody of your daughter originally? If it was because you were temporarily unable to care for your daughter then they will have a reasonable argument that their grandparental rights should be superior to your parental rights. However, should you decide to tell the grandparents that you're going to keep their granddaughter will probably result in the grandparents filing a motion for grandparent rights of custody. The best thing you could do would be to file a motion for custody of your daughter. Look in court records to see if there is ANY KIND of an order of custody. Use that number to file under and copies will go to the persons that need to receive copies. Don't take any kind of unilateral action to take custody of your daughter but ask your parents if they feel like you are responsible enough that you could take custody of her. Since they have been wiling to spend their retirement years taking care of your child, you should thank them and ask them if they feel you are sufficiently mature to keep custody of your daughter.
Q. We bought a home 3 days ago and discovered major water damage tonight. There is significant mold in carpet. Any rights?
A: Seller's agent is responsible to inform buyer of known omissions to the buyer. The first question to be answered is: whether the seller had an "agent." Did you deal directly with the seller or someone else? An agent is a person who has been authorized to act on behalf of a principal towards the performance of a specific task or series of tasks. An agency relationship is created through the actions of the principal who either: (1) expressly grants the agent authority to conduct certain actions on his or her behalf; (2) impliedly grants the agent authority to conduct certain actions which are necessary to complete those actions that were expressly authorized; or (3) apparently grants the agent authority to act through conduct towards a third party indicating that express or implied authority has been granted. However, agency relationships are limited in scope to the express, implied, and apparent authority granted by the principal and only acts by the agent that are within the scope of the agency relationship affect the principal's legal liability. In addition, where an agency relationship exists, the principal has a right to control the agent. Where a party acts in concert with the principal but is not under his or her control, an agency relationship does not arise. Was the inspection called by the buyer or the seller? The inspector definitely has exposure for not catching the water damage, if a reasonable inspection should have uncovered the water damage. Idaho Code section 54-2093(1) of the Idaho Code says: "a client . . . whether buyer or seller, shall not be liable for a wrongful act, error, omission or misrepresentation of his broker or his broker's licensees unless the client had actual knowledge of or reasonably should have known of the wrongful act, error, omission or misrepresentation." I.C. § 54-2093(1) (emphasis added). Proving the seller had or should have had knowledge may be much easier to prove than attributing knowledge to the Inspector.
Q. How long after my vehicle has been repossessed and sold should I receive a letter from the creditor about the sale?
A: Idaho law provides five (5) days for you to replevin (recover) your car. Once the lien holder has presented the paperwork showing the note, the judgment and the order for sale to satisfy the amt. due, it will be sold VERY quickly.
Q. How do I start a custody case?
A: The Idaho Rules of Family Court Procedure say that in order to begin a custody case you file a Petition. I certainly don't recommend that ANYONE do this by themselves. You need to consult with an Idaho attorney and let him advise you.
Q. I am about 14 weeks pregnant. Can the father take me to court when the baby isn’t born yet?
A: Nope. He is nothing but a sperm donor at this point and can pack sand. When the baby is born he has a choice to make. He can either step up and declare his paternity to the child and immediately assume paying child support, or he can do nothing, have you let authorities know who the father is and the Idaho Dept. of Health and Welfare, Children's Services, will contact him and let him know that they have started a case and he needs to begin paying child support. At some point he may demand a blood test to determine his paternity, but he'll pay for it and you don't need to do anything. Further, even if his paternity to the child is assumed by him voluntarily or involuntarily, ALL THAT means is that the State of Idaho's policy of having parents support their children is being met, it has NOTHING to do with custody. In other words, parenthood has 2 parts: rights (visitation etc.) and responsibilities (child support, health insurance) and if he's a bully, and it certainly sounds like he is, he'll tell you that because he's paying CS that he has "rights" to see his child. He is WRONG! The ONLY way that this scum bag gets rights to this child is if he goes to court and convinces a magistrate judge that he is a fit father that deserves to visit his child. Good luck to you!
Q. Are you able to help in the Idaho falls are?
A: Sorry, it would be too expensive to have to fly from Boise to Idaho Falls every time. However, if you're serious and could afford to fly me to Idaho Falls, I can make time on my calendar.
Q. Used a stolen credit card unknowingly by friend who lied about the card?
A: How can you use a credit card "unknowingly?" Let's say your name is Robert. If you used a credit card given you by a friend named John and the name on the card is Bill, how is it that you felt justified in using the card that: 1. you didn't get Bill's permission to use the card; and 2. you didn't even ask John "hey how'd you get a card with Bill's name on it?" The last part of your question seems to suggest that you know you did something very wrong and will be held to account for it and you're wondering what the potential penalty will be since the only trouble you've been in is for insurance and DWP? If you have used a credit not belonging to you, the only question for the jury is "did you use a credit card that you knew or should have known had been stolen?" If you are unable to explain to the jury how you could be using a card that you don't own and that you didn't get permission from the owner of that card, the jury is likely to convict you of theft, felony. The maximum penalty for Felony Theft is 20 years in prison and a $10,000 fine. Typically in Twin Falls County the sentence will be probation the first time but a possible rider, based on your LSI score and your Pre-Sentence Report.
Q. Already paying for my 2 kids child support and now might be a dad with girlfriend and want to know how is that handled
A: The Idaho Child Support Guidelines make provision for child support being paid to children of another relationship. It's not a dollar for dollar reduction to current child support, but is is taken into consideration.
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Contact & Map
1156 N. Orchard St.
1553 N. Milwaukee St., PM Box 305
Boise, ID 83704
USA
Cell: (208) 805-9880
Fax: (208) 485-4926
1156 N. Orchard St.
Boise, ID, USA
Telephone: (208) 805-9880
Cell: (208) 805-9880
Fax: (208) 485-4962