reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3209 - EXECUTION OF COMMISSION.

19-3209. EXECUTION OF COMMISSION. The commissioner, unless otherwise specially directed, may execute the commission as follows:
1. He must publicly administer an oath to the witness, that his answers given to the interrogatories shall be the truth, the whole truth and nothing but the truth.
2. He must cause the examination of the witness to be reduced to writing, and subscribed by him.
3. He must write the answers of the witness as near as possible in the language in which he gives them, and read to him each answer as it is taken down, and correct or add to it until it conforms to what he declares is the truth.
4. If the witness decline answering a question, that fact, with the reason assigned by him for declining, must be stated.
5. If any papers or documents are produced before him and proved by the witness, they, or copies of them, must be annexed to the deposition subscribed by the witness and certified by the commissioner.
6. The commissioner must subscribe his name to each sheet of the deposition, and annex the deposition, with the papers and documents, proved by the witness, to the commission, and must close it up under seal, and address it as directed by the endorsement thereon.
7. If there is a direction on the commission to return it by mail, the commissioner must immediately deposit it in the nearest post-office. If any other direction is made by the written consent of the parties, or by the court or judge, on the commission, as to its return, he must comply with the direction. A copy of this section must be annexed to the commission.
History:
[(19-3209) Cr. Prac. 1864, secs. 562, 563, pp. 281 and 282; R.S., R.C., & C.L., sec. 8184; C.S., sec. 9160; I.C.A., sec. 19-3109.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3210 - DELIVERY OF COMMISSION TO AGENT.

19-3210. DELIVERY OF COMMISSION TO AGENT. If the commission and return is delivered by the commissioner to an agent he must deliver the same to the clerk to whom it is directed or to the judge of the court in which the indictment is pending, by whom it may be received and opened, upon the agent making affidavit that he received it from the hands of the commissioner, and that it has not been opened or altered since he received it.
History:
[(19-3210) Cr. Prac. 1864, sec. 564, p. 282; R.S., R.C., & C.L., sec. 8185; C.S., sec. 9161; I.C.A., sec. 19-3110.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3211 - DEATH OR DISABILITY OF AGENT.

19-3211. DEATH OR DISABILITY OF AGENT. If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section, it may be received by the clerk or judge from any other person, upon his making an affidavit that he received it from the agent, that the agent is dead, or from sickness or other casualty unable to deliver it; that it has not been opened or altered since the person making the affidavit received it; and that he believes it has not been opened or altered since it came from the hands of the commissioner.
History:
[(19-3211) Cr. Prac. 1864, sec. 565, p. 282; R.S., R.C., & C.L., sec. 8186; C.S., sec. 9162; I.C.A., sec. 19-3111.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3212 - FILING OF COMMISSION.

19-3212. FILING OF COMMISSION. The clerk or judge receiving and opening the commission and return must immediately file it, with the affidavit mentioned in the last two sections, in the office of the clerk of the court in which the indictment is pending.
If the commission and return is transmitted by mail, the clerk to whom it is addressed must receive it from the post-office, and open and file it in his office, where it must remain, unless otherwise directed by the court or judge.
History:
[(19-3212) Cr. Prac. 1864, secs. 566, 567, p. 282; R.S., R.C., & C.L., sec. 8187; C.S., sec. 9163; I.C.A., sec. 19-3112.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3213 - COMMISSION OPEN FOR INSPECTION.

19-3213. COMMISSION OPEN FOR INSPECTION. The commission and return must at all times be open to the inspection of the parties, who must be furnished by the clerk with copies of the same or of any part thereof, on payment of his fees.
History:
[(19-3213) Cr. Prac. 1864, sec. 568, p. 282; R.S., R.C., & C.L., sec. 8188; C.S., sec. 9164; I.C.A., sec. 19-3113.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 32 - EXAMINATION OF WITNESSES ON COMMISSION › Section 19-3214 - USE AND OBJECTIONS TO DEPOSITIONS.

19-3214. USE AND OBJECTIONS TO DEPOSITIONS. The depositions taken under the commission may be read in evidence by either party on the trial, upon it being shown that the witness is unable to attend from any cause whatever; and the same objections may be taken to a question in the interrogatories or to an answer in the deposition, as if the witness had been examined orally in court.
History:
[(19-3214) Cr. Prac. 1864, sec. 569, p. 282; R.S., R.C., & C.L., sec. 8189; C.S., sec. 9165; I.C.A., sec. 19-3114.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 34 - COMPROMISING OFFENSES › Section 19-3401 - COMPROMISE OF OFFENSES AFTER SATISFACTION.

19-3401. COMPROMISE OF OFFENSES AFTER SATISFACTION. When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in the next section, except when it is committed:
1. By or upon an officer of justice, while in the execution of the duties of his office.
2. Riotously.
3. With an intent to commit a felony.
4. As an act of domestic violence as defined in section 39-6303(1), Idaho Code.
History:
[(19-3401) Cr. Prac. 1864, sec. 661, p. 295; R.S., R.C., & C.L., sec. 8205; C.S., sec. 9173; I.C.A., sec. 19-3301; am. 1998, ch. 209, sec. 1, p. 737.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 34 - COMPROMISING OFFENSES › Section 19-3402 - LEAVE OF COURT AND PROSECUTOR REQUIRED.

19-3402. LEAVE OF COURT AND PROSECUTOR REQUIRED. If the party injured appears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges that he has received satisfaction for the injury, the court and the prosecutor may, in their discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the offense that was originally charged.
History:
[(19-3402) Cr. Prac. 1864, secs. 662, 663, p. 295; R.S., R.C., & C.L., sec. 8206; C.S., sec. 9174; I.C.A., sec. 19-3302; am. 1998, ch. 209, sec. 2, p. 737.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 34 - COMPROMISING OFFENSES › Section 19-3403 - MODE OF COMPROMISE EXCLUSIVE.

19-3403. MODE OF COMPROMISE EXCLUSIVE. No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this chapter.
History:
[(19-3403) Cr. Prac. 1864, sec. 664, p. 295; R.S., R.C., & C.L., sec. 8207; C.S., sec. 9175; I.C.A., sec. 19-3303.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 35 - DISMISSAL OF ACTION › Section 19-3501 - WHEN ACTION MAY BE DISMISSED.

19-3501. WHEN ACTION MAY BE DISMISSED. The court, unless good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases:
(1) When a person has been held to answer for a public offense, if an indictment or information is not found against him and filed with the court within six (6) months from the date of his arrest.
(2) If a defendant, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the information is filed with the court.
(3) If a defendant, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant was arraigned before the court in which the indictment is found.
(4) If a defendant, charged with a misdemeanor offense, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant enters a plea of not guilty with the court.
(5) If a defendant, charged with both a felony or multiple felonies and a misdemeanor or multiple misdemeanors together in the same action or charging document, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the information is filed with the court.
(6) If a defendant, charged with both a felony or multiple felonies and a misdemeanor or multiple misdemeanors together in the same action or charging document, whose trial has not been postponed upon his application, is not brought to trial within six (6) months from the date that the defendant was arraigned before the court in which the indictment is found.
History:
[(19-3501) Cr. Prac. 1864, secs. 580, 581, p. 284; R.S., R.C., & C.L., sec. 8212; C.S., sec. 9176; I.C.A., sec. 19-3401; am. 1980, ch. 102, sec. 1, p. 226; am. 1984, ch. 51, sec. 1, p. 92; am. 2001, ch. 23, sec. 1, p. 29; am. 2004, ch. 305, sec. 1, p. 855.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 35 - DISMISSAL OF ACTION › Section 19-3502 - CONTINUANCE FOR CAUSE.

19-3502. CONTINUANCE FOR CAUSE. If the defendant is not indicted or tried, as provided in the last section, and sufficient reason therefor is shown, the court may order the action to be continued to a date subsequent, and in the meantime may discharge the defendant from custody on his own undertaking of bail for his appearance to answer the charge at the time to which the action is continued.
History:
[(19-3502) Cr. Prac. 1864, sec. 582, p. 285; R.S., R.C., & C.L., sec. 8213; C.S., sec. 9177; I.C.A., sec. 19-3402; am. 1994, ch. 270, sec. 1, p. 833.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 35 - DISMISSAL OF ACTION › Section 19-3503 - DEFENDANT TO BE DISCHARGED.

19-3503. DEFENDANT TO BE DISCHARGED. If the court directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or money deposited instead of bail must be refunded to him.
History:
[(19-3503) Cr. Prac. 1864, sec. 583, p. 285; R.S., R.C., & C.L., sec. 8214; C.S., sec. 9178; I.C.A., sec. 19-3403.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 35 - DISMISSAL OF ACTION › Section 19-3504 - DISMISSAL ON MOTION OF COURT OR PROSECUTING ATTORNEY.

19-3504. DISMISSAL ON MOTION OF COURT OR PROSECUTING ATTORNEY. The court may, either of its own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action or indictment to be dismissed. The reasons of the dismissal must be set forth in an order entered upon the minutes.
History:
[(19-3504) Cr. Prac. 1864, sec. 584, p. 285; R.S., R.C., & C.L., sec. 8215; C.S., sec. 9179; I.C.A., sec. 19-3404.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 35 - DISMISSAL OF ACTION › Section 19-3505 - NOLLE PROSEQUI ABOLISHED.

19-3505. NOLLE PROSEQUI ABOLISHED. The entry of a nolle prosequi is abolished, and neither the attorney-general nor the prosecuting attorney can discontinue or abandon a prosecution for a public offense except as provided in the last section.
History:
[(19-3505) Cr. Prac. 1864, sec. 585, p. 285; R.S., R.C., & C.L., sec. 8216; C.S., sec. 9180; I.C.A., sec. 19-3405.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 35 - DISMISSAL OF ACTION › Section 19-3506 - EFFECT OF DISMISSAL AS BAR — DISMISSAL FOR DIVERSION PARTICIPANT.

19-3506. EFFECT OF DISMISSAL AS BAR — DISMISSAL FOR DIVERSION PARTICIPANT. (1) An order for the dismissal of the action, as provided in this chapter, is a bar to any other prosecution for the same offense, if it is a misdemeanor, except as provided in subsection (2) of this section; but it is not a bar if the offense is a felony.
(2) A prosecuting attorney may move for dismissal of a misdemeanor action, and the court may order such dismissal, if the defendant agrees to participate in a diversion program pursuant to section 19-3509, Idaho Code. The action may be refiled for failure to complete the diversion program, and speedy trial shall be calculated from the date of refiling.
History:
[(19-3506) Cr. Prac. 1864, sec. 586, p. 285; R.S., R.C., & C.L., sec. 8217; C.S., sec. 9181; I.C.A., sec. 19-3406; am. 2019, ch. 305, sec. 6, p. 912.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 35 - DISMISSAL OF ACTION › Section 19-3507 - DIVERSION PROGRAMS — LEGISLATIVE INTENT.

19-3507. DIVERSION PROGRAMS — LEGISLATIVE INTENT. (1) For purposes of this section and sections 19-3508 and 19-3509, Idaho Code, "diversion program" means the use of local community resources, churches, substance abuse counseling, informal probation, community service work, voluntary restitution, or other available services or programs as an alternative to adjudication of a criminal case in court.
(2) It is the intent of the legislature and the policy of the state of Idaho that a diversion program created pursuant to sections 19-3508 and 19-3509, Idaho Code, should:
(a) Provide an opportunity to incorporate statistics and empirical research into decision-making in the criminal justice system in a way that enhances public safety and reduces recidivism, while also saving taxpayer dollars;
(b) Provide individuals with the opportunity to rectify criminal conduct through early rehabilitative services or supervision, when such services or supervision can reasonably be expected to deter future criminal behavior by such individuals; and
(c) Provide an alternative to the imposition of criminal sanctions when such an alternative can be expected to serve as sufficient sanction to deter criminal conduct.
History:
[19-3507, added 2019, ch. 305, sec. 7, p. 912.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 35 - DISMISSAL OF ACTION › Section 19-3508 - ELIGIBILITY FOR DIVERSION PROGRAM.

19-3508. ELIGIBILITY FOR DIVERSION PROGRAM. A person is eligible to participate in a diversion program if:
(1) The person has been charged with driving under the influence pursuant to section 18-8004 or 18-8004A, Idaho Code;
(2) At the time of the conduct underlying such charge, the person:
(a) Did not hold a commercial driver’s license or commercial learner’s permit; or
(b) Was not operating a commercial vehicle;
(3) No other person is alleged to have been physically injured as a result of the conduct underlying such charge; and
(4) The person charged has not been convicted of driving under the influence or a substantially conforming foreign criminal violation within the past ten (10) years and has not previously participated in a diversion program pursuant to section 19-3509, Idaho Code.
History:
[19-3508, added 2019, ch. 305, sec. 8, p. 912; am. 2020, ch. 212, sec. 1, p. 620.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 36 - PROCEEDINGS AGAINST CORPORATIONS › Section 19-3601 - ISSUANCE OF SUMMONS.

19-3601. ISSUANCE OF SUMMONS. Upon an information or presentment against a corporation, the magistrate must issue a summons signed by him, with his name of office, requiring the corporation to appear before him at a specified time and place, to answer the charge, the time to be not less than ten days after the issuing of the summons.
History:
[(19-3601) 1874, p. 363, sec. 583; R.S., R.C., & C.L., sec. 8222; C.S., sec. 9182; I.C.A., sec. 19-3501.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 36 - PROCEEDINGS AGAINST CORPORATIONS › Section 19-3602 - FORM OF SUMMONS.

19-3602. FORM OF SUMMONS. The summons must be substantially in the following form:
County of (as the case may be):
The state of Idaho to the (naming the corporation):
You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer a charge made against you upon the information of A.B. (or the presentment of the grand jury of the county, as the case may be), for (designating the offense generally).
Dated at the city or precinct of…., this…. day of….,…..
History:
[(19-3602) Cr. Prac. 1874, sec. 584; R.S., R.C., & C.L., sec. 8223; C.S., sec. 9183; I.C.A., sec. 19-3502; am. 2002, ch. 32, sec. 7, p. 49; am. 2012, ch. 20, sec. 11, p. 68.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 36 - PROCEEDINGS AGAINST CORPORATIONS › Section 19-3603 - SERVICE OF SUMMONS.

19-3603. SERVICE OF SUMMONS. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier or managing agent thereof.
History:
[(19-3603) 1874, p. 363, sec. 585; R.S., R.C., & C.L., sec. 8224; C.S., sec. 9184; I.C.A., sec. 19-3503.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 36 - PROCEEDINGS AGAINST CORPORATIONS › Section 19-3604 - EXAMINATION OF CHARGE.

19-3604. EXAMINATION OF CHARGE. At the appointed time in the summons the magistrate must proceed to investigate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable.
History:
[(19-3604) 1874, p. 363, sec. 586; R.S., R.C., & C.L., sec. 8225; C.S., sec. 9185; I.C.A., sec. 19-3504.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 36 - PROCEEDINGS AGAINST CORPORATIONS › Section 19-3605 - CERTIFICATE OF MAGISTRATE.

19-3605. CERTIFICATE OF MAGISTRATE. After hearing the proofs, the magistrate must certify upon the deposition, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the deposition and certificate to the clerk of the district court of the county.
History:
[(19-3605) 1874, p. 363, sec. 587; R.S., R.C., & C.L., sec. 8226; C.S., sec. 8196; I.C.A., sec. 19-3505.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 36 - PROCEEDINGS AGAINST CORPORATIONS › Section 19-3606 - INVESTIGATION BY GRAND JURY.

19-3606. INVESTIGATION BY GRAND JURY. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury may proceed thereon as in case of a natural person held to answer.
History:
[(19-3606) 1874, p. 363, sec. 588; R.S., R.C., & C.L., sec. 8227; C.S., sec. 9187; I.C.A., sec. 19-3506.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 36 - PROCEEDINGS AGAINST CORPORATIONS › Section 19-3607 - APPEARANCE AND PLEA.

19-3607. APPEARANCE AND PLEA. If an indictment is found, the corporation may appear by counsel to answer the same. If it does not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases.
History:
[(19-3607) 1874, p. 363, sec. 589; R.S., R.C., & C.L., sec. 8228; C.S., sec. 9188; I.C.A., sec. 19-3507.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 36 - PROCEEDINGS AGAINST CORPORATIONS › Section 19-3608 - COLLECTION OF FINE.

19-3608. COLLECTION OF FINE. When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it by the sheriff of the county, out of its real and personal property, in the same manner as upon an execution in a civil action.
History:
[(19-3608) 1874, p. 363, sec. 590; R.S., R.C., & C.L., sec. 8229; C.S., sec. 9189; I.C.A., sec. 19-3508.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 37 - ERRORS AND MISTAKES › Section 19-3701 - DEFECTIVELY ENTITLED AFFIDAVIT VALID.

19-3701. DEFECTIVELY ENTITLED AFFIDAVIT VALID. It is not necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment, or upon an appeal; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer[s] to the proceeding, indictment or appeal in which it is made.
History:
[(19-3701) Cr. Prac. 1864, sec. 587, p. 285; R.S., R.C., & C.L., sec. 8234; C.S., sec. 9190; I.C.A., sec. 19-3601.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 37 - ERRORS AND MISTAKES › Section 19-3702 - IMMATERIAL ERRORS DISREGARDED.

19-3702. IMMATERIAL ERRORS DISREGARDED. Neither a departure from the form or mode prescribed by this code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice in respect to a substantial right.
History:
[(19-3702) Cr. Prac. 1864, sec. 588, p. 285; R.S., R.C., & C.L., sec. 8236; C.S., sec. 9191; I.C.A., sec. 19-3602.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 38 - DISPOSAL OF PROPERTY ILLEGALLY HELD BY DEFENDANT › Section 19-3801 - DISPOSAL OF STOLEN PROPERTY.

19-3801. DISPOSAL OF STOLEN PROPERTY. When property, alleged to have been stolen or embezzled, comes into the custody of a peace officer, he must hold it subject to the order of the magistrate authorized by the next section to direct the disposal thereof.
History:
[(19-3801) Cr. Prac. 1864, sec. 589, p. 285; R.S., R.C., & C.L., sec. 8238; C.S., sec. 9192; I.C.A., sec. 19-3701.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 38 - DISPOSAL OF PROPERTY ILLEGALLY HELD BY DEFENDANT › Section 19-3802 - ORDER FOR DELIVERY.

19-3802. ORDER FOR DELIVERY. On satisfactory proof of the ownership of the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling it, must order it to be delivered to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property.
History:
[(19-3802) Cr. Prac. 1864, sec. 590, p. 286; R.S., R.C., & C.L., sec. 8239; C.S., sec. 9193; I.C.A., sec. 19-3702.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 38 - DISPOSAL OF PROPERTY ILLEGALLY HELD BY DEFENDANT › Section 19-3803 - DELIVERY TO OWNER.

19-3803. DELIVERY TO OWNER. If property stolen or embezzled comes into custody of the magistrate, it must be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.
History:
[(19-3803) Cr. Prac. 1864, sec. 591, p. 286; R.S., R.C., & C.L., sec. 8240; C.S., sec. 9194; I.C.A., sec. 19-3703.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 38 - DISPOSAL OF PROPERTY ILLEGALLY HELD BY DEFENDANT › Section 19-3804 - COURT MAY ORDER DELIVERY.

19-3804. COURT MAY ORDER DELIVERY. If the property stolen or embezzled has not been delivered to the owner, the court before which a trial is had for stealing or embezzling it may, on proof of his title, order it to be restored to the owner.
History:
[(19-3804) Cr. Prac. 1864, sec. 592, p. 286; R.S., R.C., & C.L., sec. 8241; C.S., sec. 9195; I.C.A., sec. 19-3704.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 38 - DISPOSAL OF PROPERTY ILLEGALLY HELD BY DEFENDANT › Section 19-3805 - DELIVERY TO COUNTY TREASURER.

19-3805. DELIVERY TO COUNTY TREASURER. If the property stolen or embezzled is not claimed by the owner before the expiration of six (6) months from the conviction of a person for stealing or embezzling it, the magistrate or other officer having it in custody must, on the payment of the necessary expenses incurred in its preservation, deliver it to the county treasurer, by whom it must be sold and the proceeds paid into the county treasury.
History:
[(19-3805) Cr. Prac. 1864, sec. 593, p. 286; R.S., R.C., & C.L., sec. 8242; C.S., sec. 9196; I.C.A., sec. 19-3705.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 38 - DISPOSAL OF PROPERTY ILLEGALLY HELD BY DEFENDANT › Section 19-3806 - RECEIPT FOR PROPERTY TAKEN FROM DEFENDANT.

19-3806. RECEIPT FOR PROPERTY TAKEN FROM DEFENDANT. When money or other property is taken from a defendant, arrested upon a charge of a public offense, the officer taking it must, at the time, give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must deliver to the defendant, and the other of which he must forthwith file with the clerk of the court to which the depositions and statement are to be sent.
History:
[(19-3806) Cr. Prac. 1864, sec. 594, p. 286; R.S., R.C., & C.L., sec. 8243; C.S., sec. 9197; I.C.A., sec. 19-3706.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3901 - COMPLAINT OR CITATION.

19-3901. COMPLAINT OR CITATION. All proceedings and actions before the magistrates division of the district court for a public offense of which such court has jurisdiction, must be commenced by complaint setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint. A complaint for a misdemeanor must be sworn to before a magistrate or judge. A complaint for an infraction may be an unsworn complaint signed by a law enforcement officer. Provided, however, as to any misdemeanor or infraction triable by a magistrate, a law enforcement officer may, in lieu of making a written complaint, issue to the defendant a uniform citation containing a complaint and a summons to appear in a form and in the manner prescribed by rule of the supreme court. The complaint in the uniform citation shall contain a certification by the law enforcement officer to the effect that he certifies that he has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. The citation shall be served upon the defendant by obtaining his written promise to appear in court at a time certain or by physically delivering the citation to the defendant. The citation shall be processed in the courts as prescribed by rule of the supreme court. If the defendant fails to appear on a misdemeanor citation at the time indicated in the summons, the defendant may be prosecuted for the misdemeanor offense of failure to appear under section 19-3901A, Idaho Code.
History:
[(19-3901) Cr. Prac. 1864, sec. 595, p. 287; R.S., R.C., & C.L., sec. 8280; C.S., sec. 9227; I.C.A., sec. 19-4001; am. 1967, ch. 152, sec. 1, p. 342; am. 1971, ch. 117, sec. 1, p. 400; am. 1979, ch. 165, sec. 1, p. 509; am. 1982, ch. 353, sec. 9, p. 874; am. 1983, ch. 25, sec. 1, p. 67.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3901A - FAILURE TO OBEY CITATION FOR MISDEMEANOR.

19-3901A. FAILURE TO OBEY CITATION FOR MISDEMEANOR. (a) It shall be unlawful for any person to fail to appear in court at the time promised on a misdemeanor citation or to fail to appear at the time indicated on a misdemeanor citation served upon the defendant, regardless of the disposition of the charge upon which such citation was originally issued.
(b) The duty to appear in court at the time indicated in a misdemeanor citation may be complied with by an appearance by counsel in the manner prescribed by rule of the supreme court.
(c) Violation of the provisions of this section shall be a misdemeanor.
History:
[19-3901A, added 1983, ch. 25, sec. 3, p. 68.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3902 - CORRECTION OF DEFECTIVE COMPLAINT.

19-3902. CORRECTION OF DEFECTIVE COMPLAINT. Whenever it shall appear to the prosecuting attorney of any county of this state that any criminal complaint filed in any justice or probate court is defective or void, the said prosecuting attorney shall have the right to substitute a new complaint, and the defendant or defendants shall not be considered to have been placed in jeopardy by any proceedings previous to the filing of the said new complaint: provided, that said prosecuting attorney shall file said complaint before the case for the prosecution has been closed.
History:
[(19-3902) 1907, p. 110, sec. 1; reen. R.C. & C.L., sec. 8280a; C.S., sec. 9228; I.C.A., sec. 19-4002.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3903 - ISSUANCE AND FORM OF WARRANT.

19-3903. ISSUANCE AND FORM OF WARRANT. If the magistrate judge is satisfied therefrom that the offense complained of has been committed, he must issue a warrant of arrest, which must be substantially in the following form:
County of…..
The state of Idaho to any sheriff, constable, marshal or policeman, in this state:
Complaint, upon oath, having been this day made before me…. (magistrate judge), by C.D., that the offense of…. (designating it generally), has been committed, and accusing E.F. thereof; you are therefore commanded forthwith to arrest the above named E.F. and bring him before me forthwith at…. (naming place).
Witness my hand at…., this…. day of….,….. A.B.
History:
[(19-3903) Cr. Prac. 1864, sec. 597, p. 287; R.S., R.C., & C.L., sec. 8281; C.S., sec. 9229; I.C.A., sec. 19-4003; am. 2002, ch. 32, sec. 8, p. 49; am. 2012, ch. 20, sec. 12, p. 68.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3904 - DOCKET AND MINUTES.

19-3904. DOCKET AND MINUTES. A docket must be kept by the magistrate judge, or by the clerk of the court, in which must be entered each action and the proceedings of the court therein.
History:
[(19-3904) Cr. Prac. 1864, sec. 600, p. 288; R.S., R.C., & C.L., sec. 8282; C.S., sec. 9230; I.C.A., sec. 19-4004; am. 2012, ch. 20, sec. 13, p. 69.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3905 - PLEA — EXAMINATION ON PLEA OF GUILTY.

19-3905. PLEA — EXAMINATION ON PLEA OF GUILTY. The defendant may make the same plea as upon an indictment. His plea must be oral, and entered in the minutes. If the defendant plead guilty, the court may, before entering such plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed; and if it appears to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any indictment which may be found against him by the grand jury.
History:
[(19-3905) 1874, p. 363, sec. 602; R.S., R.C., & C.L., sec. 8283; C.S., sec. 9231; I.C.A., sec. 19-4005.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3906 - PROCEEDINGS AFTER PLEA.

19-3906. PROCEEDINGS AFTER PLEA. Upon a plea other than a plea of guilty, if the parties waive a trial by jury, and an adjournment or change of venue is not granted, the court must proceed to try the case.
History:
[(19-3906) R.S., R.C., & C.L., sec. 8284; C.S., sec. 9232; I.C.A., sec. 19-4006.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3909 - POSTPONEMENT OF TRIAL.

19-3909. POSTPONEMENT OF TRIAL. Before the commencement of a trial in any of the courts mentioned in this chapter, either party may, upon good cause shown, have a reasonable postponement thereof.
History:
[(19-3909) 1874, p. 363, sec. 602; R.S., R.C., & C.L., sec. 8287; C.S., sec. 9235; I.C.A., sec. 19-4009.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3910 - PRESENCE OF DEFENDANT.

19-3910. PRESENCE OF DEFENDANT. The defendant must be personally present before the trial can proceed.
History:
[(19-3910) Cr. Prac. 1864, sec. 599, p. 288; R.S., R.C., & C.L., sec. 8288; C.S., sec. 9236; I.C.A., sec. 19-4010.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3911 - WAIVER OF TRIAL BY JURY.

19-3911. WAIVER OF TRIAL BY JURY. A trial by jury may be waived by the consent of both parties expressed in open court and entered in the docket. The formation of the jury is provided for in chapter 1, of title 2.
History:
[(19-3911) R.S., R.C., & C.L., sec. 8289; C.S., sec. 9237; I.C.A., sec. 19-4011.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3912 - CHALLENGE TO JURORS.

19-3912. CHALLENGE TO JURORS. The same challenges may be taken by either party to the panel of jurors, or to any individual juror, for cause, as on the trial of an indictment for a misdemeanor; but the challenges must in all cases be tried by the court; the defendant is entitled to four (4) peremptory challenges and the prosecution to four (4).
History:
[(19-3912) 1874, p. 363, secs. 605, 607; R.S., R.C., & C.L., sec. 8290; C.S., sec. 9238; am. 1929, ch. 33, sec. 1, p. 36; I.C.A., sec. 19-4012.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3913 - OATH OF JURORS.

19-3913. OATH OF JURORS. The court must administer to the jury the following oath:
You do swear that you will well and truly try this issue between the state of Idaho and A.B., the defendant, and a true verdict render according to the evidence.
History:
[(19-3913) Cr. Prac. 1864, sec. 603, p. 288; R.S., R.C., & C.L., sec. 8291; C.S., sec. 9239; I.C.A., sec. 19-4013.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3914 - CONDUCT OF JURY.

19-3914. CONDUCT OF JURY. After the jury are sworn they must sit together and hear the proofs and allegations of the parties, which must be delivered in public and in the presence of the defendant.
History:
[(19-3914) Cr. Prac. 1864, sec. 604, p. 288; R.S., R.C., & C.L., sec. 8292; C.S., sec. 9240; I.C.A., sec. 19-4014.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3915 - COURT TO DECIDE QUESTIONS OF LAW.

19-3915. COURT TO DECIDE QUESTIONS OF LAW. The court must decide all questions of law which may arise in the course of the trial.
History:
[(19-3915) Cr. Prac. 1864, sec. 605, p. 288; R.S., R.C., & C.L., sec. 8293; C.S., sec. 9241; I.C.A., sec. 19-4015; am. 2014, ch. 22, sec. 1, p. 29.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3916 - RETIREMENT OF JURY.

19-3916. RETIREMENT OF JURY. After hearing the proofs and allegations, the jury may decide in court, or may retire for consideration. If they do not immediately agree, an officer must be sworn to the following effect:
You do swear that you will keep this jury together in some quiet and convenient place; that you will not permit any person to speak to them, nor speak to them yourself unless by order of the court, or to ask them whether they have agreed upon a verdict, and that you will return them into court when they have so agreed or when ordered by the court.
History:
[(19-3916) Cr. Prac. 1864, sec. 606, p. 288; R.S., R.C., & C.L., sec. 8294; C.S., sec. 9242; I.C.A., sec. 19-4016.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3917 - VERDICT.

19-3917. VERDICT. The verdict of the jury must in all cases be general. When the jury have agreed on their verdict they must deliver it publicly to the court, who must enter it or cause it to be entered, in the minutes.
History:
[(19-3917) Cr. Prac. 1864, secs. 607, 608, p. 288; R.S., R.C., & C.L., sec. 8295; C.S., sec. 9243; I.C.A., sec. 19-4017.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3918 - VERDICT AGAINST JOINT DEFENDANTS.

19-3918. VERDICT AGAINST JOINT DEFENDANTS. When several defendants are tried together, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury.
History:
[(19-3918) Cr. Prac. 1864, sec. 609, p. 288; R.S., R.C., & C.L., sec. 8296; C.S., sec. 9244; I.C.A., sec. 19-4018.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3919 - DISCHARGE OF JURY.

19-3919. DISCHARGE OF JURY. The jury cannot be discharged after the cause is submitted to them until they have agreed upon and rendered their verdict unless, for good cause the court sooner discharges them.
History:
[(19-3919) Cr. Prac. 1864, sec. 610, p. 289; R.S., R.C., & C.L., sec. 8297; C.S., sec. 9245; I.C.A., sec. 19-4019.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3920 - RETRIAL OF DEFENDANT.

19-3920. RETRIAL OF DEFENDANT. If the jury is discharged as provided in the last section, the court may proceed again to the trial in the same manner as upon the first trial, and so on until a verdict is rendered.
History:
[(19-3920) Cr. Prac. 1864, sec. 611, p. 289; R.S., R.C. & C.L., sec. 8298; C.S., sec. 9246; I.C.A., sec. 19-4020.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3921 - PROCEEDINGS ON PLEA OF GUILTY.

19-3921. PROCEEDINGS ON PLEA OF GUILTY. When the defendant pleads guilty, or is convicted either by the court or by a jury, the court must render judgment thereon of fine or imprisonment, or both, as the case may be: provided, however, it appearing to the court that it is a proper case, the court may, in its discretion, suspend the execution of judgment, and at such time, or any time during the period of sentence in a county jail, may put the defendant on probation on such terms and for such time as it may prescribe. The period of probation ordered by the court under this section under a conviction or plea of guilty for a misdemeanor, indictable or otherwise, may be for a period of not more than two (2) years; provided that the court may extend the period of probation to include the period of time during which the defendant is a participant in a problem solving court program and for a period of up to one (1) year after a defendant’s graduation or termination from a problem solving court program. The court may withhold judgment on such terms and conditions as it deems necessary or expedient.
History:
[(19-3921) Cr. Prac. 1864, sec. 612, p. 289; R.S., R.C., & C.L., sec. 8299; C.S., sec. 9247; I.C.A., sec. 19-4021; am. 1937, ch. 60, sec. 1, p. 82; am. 1949, ch. 145, sec. 1, p. 300; am. 1973, ch. 292, sec. 2, p. 615; am. 2012, ch. 46, sec. 2, p. 141.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3922 - PAYMENT OF COURT ORDERED TESTS OF BREATH OR BODILY FLUID.

19-3922. PAYMENT OF COURT ORDERED TESTS OF BREATH OR BODILY FLUID. Whenever a court orders testing of breath or bodily fluids as a condition of probation, such costs for the tests shall be paid for by the probationer in addition to any supervision fee authorized under section 31-3201D, Idaho Code, to the agency providing the testing, provided the court may waive this requirement upon a showing of cause.
History:
[19-3922, added 2012, ch. 109, sec. 2, p. 299.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3923 - ACQUITTAL — COSTS OF MALICIOUS PROSECUTION.

19-3923. ACQUITTAL — COSTS OF MALICIOUS PROSECUTION. When the defendant is acquitted, either by the court or by the jury, he must be immediately discharged; and if the court certify in the minutes that the prosecution was malicious or without probable cause, it may order the prosecutor to pay the costs of the action, or to give satisfactory security by a written undertaking, with one (1) or more sureties, to pay the same within thirty (30) days after the trial.
History:
[(19-3923) Cr. Prac. 1864, sec. 614, p. 289; R.S., R.C., & C.L., sec. 8301; C.S., sec. 9249; I.C.A., sec. 19-4023.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3924 - MALICIOUS PROSECUTION — JUDGMENT AGAINST PROSECUTOR.

19-3924. MALICIOUS PROSECUTION — JUDGMENT AGAINST PROSECUTOR. If the prosecutor does not pay the costs, or give security therefor, the court may enter judgment against him for the amount thereof, which may be enforced in all respects, in the same manner as a judgment rendered in a civil action.
History:
[(19-3924) Cr. Prac. 1864, sec. 615, p. 289; R.S., R.C., & C.L., sec. 8302; C.S., sec. 9250; I.C.A., sec. 19-4024.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3925 - TIME FOR JUDGMENT.

19-3925. TIME FOR JUDGMENT. After a plea or verdict of guilty, or after a verdict against the defendant, on a plea of a former conviction or acquittal, the court must appoint a time for rendering judgment, which must not be more than two (2) days nor less than six (6) hours after the verdict is rendered, and must hold the defendant to bail to appear for judgment, and in default of bail he must be committed.
History:
[(19-3925) Cr. Prac. 1864, sec. 617, p. 289; R.S., R.C., & C.L., sec. 8303; C.S., sec. 9251; I.C.A., sec. 19-4025.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3926 - MOTIONS PRIOR TO JUDGMENT.

19-3926. MOTIONS PRIOR TO JUDGMENT. At any time before judgment defendant may move for a new trial or in arrest of judgment.
History:
[(19-3926) Cr. Prac. 1864, sec. 618, p. 289; R.S., R.C., & C.L., sec. 8304; C.S., sec. 9252; I.C.A., sec. 19-4026.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3927 - GROUNDS FOR NEW TRIAL.

19-3927. GROUNDS FOR NEW TRIAL. A new trial may be granted in the following cases:
1. When the trial has been had in the absence of the defendant, unless he voluntarily absent himself, with full knowledge that a trial is being had.
2. When the jury has received any evidence out of court.
3. When the jury has separated without leave of the court, after having retired to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case.
4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors.
5. When there has been error in the decision of the court, given on any question of law arising during the course of the trial.
6. When the verdict is contrary to law or evidence.
7. When new evidence is discovered, material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial; but when a motion for a new trial is made upon this ground the defendant must produce at the hearing the affidavits of the witnesses by whom such newly-discovered evidence is expected to be given.
History:
[(19-3927) Cr. Prac. 1864, sec. 619, p. 289; R.S., R.C., & C.L., sec. 8305; C.S., sec. 9253; I.C.A., sec. 19-4027.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3928 - GROUNDS FOR ARREST OF JUDGMENT.

19-3928. GROUNDS FOR ARREST OF JUDGMENT. The motion in arrest of judgment may be founded on any substantial defect in the complaint, and the effect of an arrest of judgment is to place the defendant in the same situation in which he was before the trial was had.
History:
[(19-3928) Cr. Prac. 1864, sec. 620, p. 289; R.S., R.C., & C.L., sec. 8306; C.S., sec. 9254; I.C.A., sec. 19-4028.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3929 - PRONOUNCEMENT AND ENTRY OF JUDGMENT.

19-3929. PRONOUNCEMENT AND ENTRY OF JUDGMENT. If the judgment is not arrested, or a new trial granted judgment must be pronounced at the time appointed and entered in the minutes of the court.
History:
[(19-3929) Cr. Prac. 1864, sec. 621, p. 290; R.S., R.C., & C.L., sec. 8307; C.S., sec. 9255; I.C.A., sec. 19-4029.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3930 - DISCHARGE OF DEFENDANT.

19-3930. DISCHARGE OF DEFENDANT. If judgment of acquittal is given, or judgment imposing a fine only without imprisonment for nonpayment, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given.
History:
[(19-3930) Cr. Prac. 1864, sec. 622, p. 290; R.S., R.C., & C.L., sec. 8308; C.S., sec. 9256; am. 1929, ch. 7, sec. 1, p. 9; I.C.A., sec. 19-4030.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3931 - WARRANT FOR EXECUTION OF JUDGMENT.

19-3931. WARRANT FOR EXECUTION OF JUDGMENT. When a judgment of imprisonment is entered a certified copy thereof must be delivered to the sheriff, marshal or other officer, which is a sufficient warrant for its execution.
History:
[(19-3931) Cr. Prac. 1864, sec. 623, p. 290; R.S., R.C., & C.L., sec. 8309; C.S., sec. 9257; I.C.A., sec. 19-4031.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3932 - IMPRISONMENT PENDING PAYMENT OF FINE.

19-3932. IMPRISONMENT PENDING PAYMENT OF FINE. When a judgment is entered imposing a fine, or costs, or both fine and costs, or ordering the defendant to be imprisoned until the fine, or costs, or fine and costs, be paid, he must be held in custody during the time specified in the judgment, unless the fine, or costs, or fine and costs, are sooner paid.
History:
[(19-3932) Cr. Prac. 1864, sec. 624, p. 290; R.S., sec. 8310; am. 1899, p. 379, sec. 7; reen. R.C. & C.L., sec. 8310; C.S., sec. 9258; I.C.A., sec. 19-4032.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3933 - DISCHARGE UPON PAYMENT OF FINE.

19-3933. DISCHARGE UPON PAYMENT OF FINE. Upon payment of the fine, or costs, or fine and costs, the officer must discharge the defendant if he is not detained for any other legal cause.
History:
[(19-3933) Cr. Prac. 1864, sec. 625, p. 290; R.S., sec. 8311; am. 1899, p. 379, sec. 8; reen. R.C. & C.L., sec. 8311; C.S., sec. 9259; I.C.A., sec. 19-4033.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3934 - ADMITTANCE TO BAIL.

19-3934. ADMITTANCE TO BAIL. The defendant, at any time after his arrest, and before conviction, may be admitted to bail.
History:
[(19-3934) R.S., R.C., & C.L., sec. 8312; C.S., sec. 9260; I.C.A., sec. 19-4034; am. 2003, ch. 117, sec. 1, p. 361.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT › Section 19-3935 - SUBPOENAS FOR WITNESSES.

19-3935. SUBPOENAS FOR WITNESSES. The justice or judge of either of the courts mentioned in this chapter may issue subpoenas for witnesses and punish disobedience thereof, as provided in sections 19-3004, 19-3006—19-3012[, Idaho Code,] inclusive.
History:
[(19-3935) R.S., R.C., & C.L., sec. 8313; C.S., sec. 9261; I.C.A., sec. 19-4035.]