Title 19, CRIMINAL PROCEDURE
62 chapters · 863 sections in this title.
Idaho Code § 19-3501 When action may be dismissed
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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 f…
Idaho Code § 19-3502 Continuance for cause
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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 o…
Idaho Code § 19-3503 Defendant to be discharged
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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.
Idaho Code § 19-3504 Dismissal on motion of court or prosecuting attorney
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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…
Idaho Code § 19-3505 Nolle prosequi abolished
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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.
Idaho Code § 19-3506 Effect of dismissal as bar — dismissal for diversion participant
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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 secti…
Idaho Code § 19-3507 diversion programs — legislative intent
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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, volun…
Idaho Code § 19-3508 eligibility for diversion program
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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, …
Idaho Code § 19-3509 diversion program requirements
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19-3509. diversion program requirements. (1) A prosecuting attorney may, at the prosecuting attorney’s discretion, establish a diversion program and may refer a defendant eligible to participate in a diversion program pursuant to section 19-3508, Idaho Code, to such program withi…