Title 19 — CRIMINAL PROCEDURE

19-1501. Place of arraignment. When the indictment is filed, the defendant must be arraigned thereon before the court in which it is found.

19-1502. Presence of defendant. If the indictment is for a felony the defendant must be personally present; but if for a misdemeanor, he may appear upon the arraignment by counsel.

19-1503. Order for production of defendant. When his personal appearance is necessary, if he is in custody, the court may direct and the officer in whose custody he is must bring him before it to be arraigned.

19-1504. Issuance of bench warrant. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear to be arraigned when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the m…

19-1505. Clerk to issue warrant. The clerk, on the application of the prosecuting attorney, may, at any time after the order, whether the court is sitting or not, issue a bench warrant to one (1) or more counties.

19-1506. Form of bench warrant. The bench warrant upon the indictment must, if the offense be a felony, be substantially in the following form: County of ….. The state of Idaho, to any sheriff, constable, marshal or policeman of this state: An indictment having been found on the …

19-1507. Bail. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody of the sheriff of the county in which the indictment is found, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailabl…

19-1508. Service of warrant. The bench warrant may be served in any county, in the same manner as a warrant of arrest.

19-1509. Proceedings on giving bail. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if the defendant had been brought before him upon a warrant of arrest, and t…

19-1510. Increasing bail. When the indictment is for a felony and the defendant, before the finding thereof, has given bail for his appearance to answer the charge, the court to which the indictment is presented may order the defendant to be committed to actual custody, unless he…

19-1511. Commitment of defendant. If the defendant is present when the order is made he must be forthwith committed. If he is not present a bench warrant must be issued and proceeded upon in the manner provided in this chapter.

19-1512. Right to counsel. If the defendant appears for arraignment without counsel he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel.

19-1514. Arraignment, how made. The arraignment must be made by the court, or by the clerk or prosecuting attorney, under its direction, and consists in reading the indictment to the defendant and delivering to him a copy thereof and of the endorsements thereon, including the lis…

19-1515. Question as to true name of defendant. When the defendant is arraigned he must be informed that if the name by which he is indicted is not his true name, he must then declare his true name, or be proceeded against by the name in the indictment. If he gives no other name …

19-1516. Time allowed for answer. If, on the arraignment, the defendant requires it, he must be allowed a reasonable time, not less than one (1) day, to answer the indictment. He may, in answer to the arraignment, move to set aside, demur, or plead to, the indictment.