Title 19 — CRIMINAL PROCEDURE

19-801. Accused to be informed of charge — Right to counsel. When the defendant is brought before the magistrate upon an arrest, either with or without warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him,…

19-802. Sending for counsel. He must also allow the defendant a reasonable time to send for counsel, and postpone the examination for that purpose, and must upon the request of the defendant, require a peace officer to take a message to any counsel in the township or city the def…

19-804. Preliminary examination. The magistrate shall conduct a preliminary examination unless the same is waived by the defendant. At such preliminary examination, the magistrate shall first read the complaint to the defendant unless the defendant waives such reading, and it sha…

19-805. Commitment or bail on postponement. If a postponement is had the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit of money as provided in this code, as security for his appearance at the time to which t…

19-806. Form of commitment. The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: "The within named A.B. having been brought before me under this warrant, is committed for examination to the sheriff o…

19-807. Issuance of subpoenas for witnesses. The magistrate shall, prior to the preliminary examination, issue subpoenas, subscribed by him, for witnesses required by the prosecution who are in the state, and for witnesses required by the defendant who are in the state.

19-808. Examination of witnesses for state. The witnesses for the prosecution must be examined under oath in the presence of the defendant, and may be cross-examined in his behalf.

19-809. Examination of witnesses for defendant. When the examination of witnesses on the part of the people is closed, the defendant may produce any material witnesses, which witnesses must be sworn, examined and cross-examined in the presence of the defendant.

19-809A. Child’s out of court statements admissible in preliminary examinations. Notwithstanding the provisions of sections 19-808 and 19-809, Idaho Code, and any rules promulgated by the Idaho supreme court, in any preliminary examination, the magistrate shall receive into evide…

19-810. Exclusion of witnesses. While a witness is under examination the magistrate must, upon motion of either of the parties, exclude all witnesses who have not been examined. He may also cause the witnesses to be kept separate, and to be prevented from conversing with each oth…

19-811. Exclusion of other persons. The magistrate must also, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the prosecuting attorney of the county, the defendant and his counsel…

19-812. Transcript of preliminary examination. In all cases which must afterward be investigated by the grand jury, or prosecuted by information, the preliminary examination must be taken and as ordered by the district court duly transcribed, unless the person charged with the of…

19-813. Custody of transcript of preliminary examination. The magistrate must keep the depositions of witnesses or transcript of preliminary examination taken at such preliminary examination until the same is returned to the proper court; and such magistrate must not permit the s…

19-814. Discharge of defendant. If, after hearing the evidence adduced at the preliminary examination, the magistrate finds either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate m…

19-815. Holding defendant to answer. If, after hearing the evidence adduced at the preliminary examination, the magistrate finds that a public offense has been committed, and that there is probable or sufficient cause to believe the defendant guilty thereof, the magistrate shall …

19-815A. Challenging sufficiency of evidence of preliminary examination. A defendant once held to answer to a criminal charge under this chapter may challenge the sufficiency of evidence educed at the preliminary examination by a motion to dismiss the commitment, signed by the ma…

19-816. Offenses not bailable — Endorsement on commitment. If the offense is not bailable the following words must be added to the commitment required by section 19-818: "and he is hereby committed to the sheriff of the county of ….."

19-817. Bailable offenses — Order admitting to bail. If the offense is bailable, and the defendant is admitted to bail, the following words must be added to commitment required by section 19-818: "And that he is admitted to bail in the sum of …. dollars, and is committed to the s…

19-818. Order of commitment. If the magistrate order the defendant to be committed he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace off…

19-819. Form of commitment. The commitment must be to the following effect: County of (as the case may be). The state of Idaho to the sheriff of the county of ….: An order having been this day made by me, that A.B. be held to answer upon a charge of (stating briefly the nature of…

19-820. Undertaking of witnesses to appear. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking to the effect that he will appear and testify at the court to which the …

19-821. Security for appearance. When the magistrate or a judge of the court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to e…

19-822. Security for appearance — Infants and married women. Infants and married women who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section.

19-823. Commitment for failure to give security. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that purpose, the magistrate must commit him to prison until he complies or is legall…

19-824. Conditional examination. When, however, it satisfactorily appears by examination on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people. Such examination must be by qu…

19-825. Return of papers to district court. When a magistrate has held a defendant to answer for the commission of a public offense, he must, without unnecessary delay and after the transcript of preliminary examination has been transcribed or the depositions of witnesses have be…