Title 19 — CRIMINAL PROCEDURE

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, per…

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 …

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 …

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…

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.

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 asce…

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.

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.

19-3910. Presence of defendant. The defendant must be personally present before the trial can proceed.

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.

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 …

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.

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.

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.

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 qui…

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.

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 …

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.

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.

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 prope…

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-…

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 pros…

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 …

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…

19-3926. Motions prior to judgment. At any time before judgment defendant may move for a new trial or in arrest of judgment.

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 o…

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.

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.

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.

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.

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 th…

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.

19-3934. Admittance to bail. The defendant, at any time after his arrest, and before conviction, may be admitted to bail.

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 inclusive.

19-3936. Entitling affidavits. The provisions in respect to entitling affidavits are applicable to proceedings in the courts mentioned in this chapter.

19-3945. Jurors and witnesses — Fees and mileage — Application for subpoenas. Witnesses before a special inquiry judge and in criminal cases in the magistrate division of district court, and witnesses in a coroner’s inquest, are entitled to the same fees and mileage as provided i…

19-3946. Affidavit as to miles traveled. Each juror and witness must state on oath to the judge, justice or coroner, the number of miles traveled for which he is entitled to pay; but no juror or witness shall receive mileage other than for the distance actually traveled, notwiths…

19-3947. County misdemeanor probation office services. Misdemeanor probation office services shall be as provided in section 31-878, Idaho Code.