Facing a criminal charge in Idaho

Bond and pretrial release in Idaho

Article I Section 6 of the Idaho Constitution provides that all persons shall be bailable by sufficient sureties except for capital offenses when proof is evident or presumption great. Idaho Criminal Rule 46 governs release, allowing release on personal recognizance, unsecured appearance bond, cash deposit, or surety bond, with conditions designed to reasonably assure appearance and community safety. Idaho Code Sec. 19-2904 authorizes the magistrate to set bail and consider statutory factors. The Idaho Supreme Court publishes a statewide misdemeanor bail schedule under Administrative Order, with county district court adjustments. A defendant may move for bond reduction under Idaho Criminal Rule 46(e) at any time and the court must hold a prompt hearing.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving Idaho

Our directory is still building in Idaho. Public-defender intake is available now.

Record clearing in Idaho

Idaho does not have a broad general expungement statute. Limited relief is available under Idaho Code 67-3004 (sealing of fingerprint and arrest records for non-conviction outcomes) and Idaho Code 19-2604 (set-aside of judgment after successful probation). The statute provides sealing of arrest and fingerprint records for non-conviction dispositions, and the set-aside provision allows a court to withdraw a plea or set aside a verdict after successful completion of probation; sex offenses and offenses for which incarceration was served are generally not eligible. The motion is filed in the court that imposed the sentence.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in Idaho

Office of the State Public Defender serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.