What Do You Do if You Are On Trial For a Crime in Idaho?

In Idaho, persons accused of a crime are typically expected to hire a professional legal counsel. The lawyer's role is to provide informed advice throughout the criminal proceedings. According to Idaho Criminal Rules, accused persons charged to court by the state prosecutor are required to appear before the district judge within 24 hours of arrest. Defendants who aren't arrested may appear before the court within ten days of filing charges. During the initial court proceedings, the judge will read charges against the defendant and the defendant's rights. Also, accused persons may seek a criminal trial if they plead not guilty to the state prosecutor's charges. However, these processes may vary depending on whether the offense is a felony, misdemeanor, or infraction.

Idaho criminal records may also be accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals can perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed.

What Percentage of Criminal Cases Go to Trial in Idaho?

The caseload statistics published by the Idaho Judicial Branch show the total number of criminal cases filed yearly. According to the 2015 report, the judicial branch recorded 362,170 filings. Of this number, 8,581 criminal cases were filed at the district courts, while 261,261 were filed at the magistrate division. More than 50% of the magistrate division cases were infractions that do not involve trials.

The report showed that most criminal cases in Idaho do not reach trial. This is sometimes due to insufficient evidence to prove guilt or because both parties agree on a plea bargain at the preliminary hearings. On the other hand, sometimes, district courts simply do not want to risk prolonged trials or acquittals.

When Does a Criminal Defendant Have the Right to a Trial?

A defendant's right to trial is invoked following a 'not guilty' plea. However, an offender's right to trial depends on the severity of the offenses. Lesser offenses, such as violations of ordinances, involve less stringent jail penalties and fines. As such, the court may choose to resolve those cases without proceeding to trial. Meanwhile, felony and misdemeanor offenses with the possibility of long jail sentences may be tried by a jury. Usually, six jurors are selected to hear misdemeanor cases, while 12 jurors hear felony cases in Idaho.

What Are the Stages of a Criminal Trial in Idaho?

As stated in ID Code § 19-2101, jury trials begin immediately after selecting and swearing in jurors. Below are the stages of a criminal trial in Idaho.

1. The court clerk reads the defendant's indictment and plea statement; however, this may not be necessary for non-felonious crimes.
2. The state attorney presents evidence to support the indictment.
3. The defense presents its argument
4. Rebuttal from both parties.
5. Arguments presentation from both sides. This will be opened and concluded by the state prosecutor.
6. The judge's charge to the jury may be written or oral, depending on both parties' preferences.
7. Final verdict.

How Long Does it Take For a Case to Go to Trial in Idaho?

Criminal cases involve several stages before reaching trial. According to Idaho Code § 19–3501, criminal cases may commence trial after six months following the arraignment or indictment date. The court may dismiss claims not tried within that specified time. The defendant may postpone this date through a written application submitted to the district court.

What Happens When a Court Case Goes to Trial in Idaho?

Idaho criminal cases are initiated when a complaint is filed in court. After filing, the court may issue an arrest warrant or a court summons requiring the accused to appear in court. An arrest warrant authorizes law enforcement officials to take the subject into custody. The arrested suspect is required to appear before the court within 24 hours of the arrest.

During the arraignment, the defendant is advised of their rights and the procedure that will be followed. In felony cases, defendants may not enter a plea at the first appearance, often at the magistrate court. However, they are required to do so at the arraignment. In misdemeanor cases, the first appearance and arraignment are typically combined so that the magistrate judge proceeds to take the defendant's plea and sets the case for trial if necessary.

Once the trial is underway, the state prosecutor may make an opening statement and present evidence supporting the allegations. The defendant's representative follows suit. Afterward, the court allows both parties' arguments, rebuttals, and counter-rebuttals. In a jury trial, the judge gives the jury charge, which may be oral or written. The jury is then given time to deliberate on the final judgment before the sentence is pronounced. Both parties may then proceed to the Idaho Appellate Courts to appeal the final verdict if it is unfavorable.

Can You Be Put on Trial Twice for the Same Crime in Idaho?

No. An accused person cannot be tried twice for the same crime in Idaho. This provision can be found under the double jeopardy clause in the United States Fifth Amendment. However, there are some exceptions to this rule. For instance, an accused person can be on trial twice if the same crime was committed in different states with different criminal procedures.

How Do I Lookup a Criminal Court Case in Idaho?

Criminal court cases in Idaho are recorded by court clerks located in each district court. According to the Idaho Public Records Act, state residents can access these records to ensure public organizations' transparency. Interested parties may contact the district court clerk where the case was resolved to obtain a copy of the criminal court record. Some court clerks offer different means (mail, in-person, or online) of getting these records. Alternatively, requesters may obtain these records through third-party websites like IdahoCourtrecords.us.

How to Access Electronic Court Records in Idaho

Criminal records can be found online via the iCourt Portal web page provided by the State of Idaho Judicial Branch. The statewide repository may be searched using the record holder's correct name. Additionally, the record holder's birthdate may also help to narrow the search results.

How Do I Remove Public Court Records in Idaho?

The Idaho Expungement Law allows any defendant to remove their record from the public view, provided that they were acquitted of the crime. Juveniles may also erase their record if it is not a sexual or violent offense. A written application should be submitted to the Criminal History Unit in Idaho to expunge a record. Note that applications may only be granted a year after the date of the acquittal. An alternative to the total erasure of public records is sealing the record. However, a sealed record is still accessible to persons granted a court order.