MISDEMEANORS

In state court, misdemeanors are crimes punishable by up to one year in jail. Misdemeanors may also be punishable by a fine and some, such as a DUI or domestic battery, may have additional consequences. For example, there may be a driver’s license suspension or a requirement to undergo a drug and alcohol or other type of evaluation. Some misdemeanors may cause a loss of gun rights.

Misdemeanor cases are heard in magistrate court—the court one step down from the district court. Misdemeanor juries consist of six people. If convicted of a misdemeanor, in addition to a possible fine, the court may also impose court costs.

RESTITUTION

In addition to any fine and/or court costs, a court must also order a defendant found guilty of “any crime which results in an economic loss to the victim” to pay restitution to the victim. The existence of a policy of insurance covering the victim’s loss does not absolve the defendant of the obligation to pay restitution.

WITHHELD JUDGMENTS

If a judge grants a withheld judgment for a conviction and the defendant successfully completes the sentence, the conviction may be set aside and the case dismissed.

If a defendant does not successfully complete a sentence under a withheld judgment, the court may re-sentence the defendant and impose up to the maximum sentence.

Some defendants who are not granted a withheld judgment may, after completing their sentence, be eligible to have the judgment of conviction amended or, in some cases, even dismissed.

A dismissal after conviction does not expunge the record of the crime; however, there may be some benefits. For example, the requirement for high-risk insurance (for example due to a DUI) may be eliminated after a conviction is dismissed.

FELONIES

In state court, felonies are crimes that are punishable by more than one year in prison. Felonies are heard in the district court; however, they do not start in district court. There are two ways a case can move into district court. A prosecutor can convene a grand jury, and, if the grand jury votes to indict a person, that person is then arraigned in district court. Alternatively, a prosecutor may file a complaint in the lower court—magistrate court. If, after a preliminary hearing, the magistrate finds that a crime was committed and there is probable cause to believe the defendant committed it, the defendant is arraigned in district court.

If a defendant enters a plea of not guilty, a trial date is set. Felonies must be tried in front of 12 jurors. If a defendant is convicted of, or pleads guilty to, a felony, a sentencing hearing will be set. Prior to sentencing, a probation officer working on behalf of the court will conduct a pre-sentence investigation to learn about the defendant and make a general sentencing recommendation to the judge.

A judge typically will determine an underlying sentence consisting of a fixed portion plus and an indeterminate portion. The fixed portion of any sentence must be served before a person is eligible for parole. For example, a sentence of three years fixed plus two years indeterminate would mean a defendant must serve three years before they would be eligible for parole, and if parole is not granted, the person could continue to be held for up to two more years.

A judge has three options after determining the underlying sentence. They can suspend the sentence and put a person on probation. They can send the person directly to prison to serve the sentence. Or, the judge can send the person to prison for less than a year to undergo treatment before deciding whether to put the person on probation or to send them to prison, based upon the person’s response to treatment.

RESTITUTION & FINES IN CRIMES OF VIOLENCE

In addition to any fine and/or court costs, a court must also order a defendant found guilty of “any crime which results in an economic loss to the victim” to pay restitution to the victim. The existence of a policy of insurance covering the victim’s loss does not absolve the defendant of the obligation to pay restitution.

Additionally, if a defendant is convicted of one of the following crimes, the court may, as a punishment, order the defendant to pay to the victim a fine of up to $5,000:

Section 18-805, Idaho Code (Aggravated arson);

Section 18-905, Idaho Code (Aggravated assault);

Section 18-907, Idaho Code (Aggravated battery);

Section 18-909, Idaho Code (Assault with intent to commit a serious felony);

Section 18-911, Idaho Code (Battery with intent to commit a serious felony);

Section 18-913, Idaho Code (Felonious administration of drugs);

Section 18-918, Idaho Code (Felony domestic violence);

Section 18-923, Idaho Code (Attempted strangulation);

Section 18-1501, Idaho Code (Felony injury to children);

Section 18-1506, Idaho Code (Sexual abuse of a child under the age of sixteen);

Section 18-1506A, Idaho Code (Ritualized abuse of a child);

Section 18-1506B, Idaho Code (Female genital mutilation of a child);

Section 18-1507, Idaho Code (Sexual exploitation of a child);

Section 18-1508, Idaho Code (Lewd conduct with a child under the age of sixteen);

Section 18-1508A, Idaho Code (Sexual battery of a minor child sixteen or seventeen years of age);

Section 18-4001, Idaho Code (Murder);

Section 18-4006, Idaho Code (Felony manslaughter);

Section 18-4014, Idaho Code (Administering poison with intent to kill);

Section 18-4015, Idaho Code (Assault with intent to murder);

Section 18-4502, Idaho Code (First-degree kidnapping);

Section 18-5001, Idaho Code (Mayhem);

Section 18-5501, Idaho Code (Poisoning food, medicine or wells);

Section 18-6101, Idaho Code (Rape); or

Section 18-6501, Idaho Code (Robbery).

The court may also order the fine for a conviction of attempted murder or attempted rape.

WITHHELD JUDGMENTS

If a judge grants a withheld judgment for a conviction and the defendant successfully completes the sentence, the conviction may be set aside and the case dismissed.

If a defendant does not successfully complete a sentence under a withheld judgment, the court may re-sentence the defendant and impose up to the maximum sentence.

Some defendants who are not granted a withheld judgment may, after completing their sentence, be eligible to have the judgment of conviction amended or, in some cases, even dismissed.

A dismissal after conviction does not expunge the record of the crime; however, there may be some benefits. For example, the requirement for high-risk insurance (for example due to a DUI) may be eliminated after a conviction is dismissed.

APPEALS

A criminal defendant who disagrees with a ruling by a trial court is entitled, in many instances, to file an appeal with an appellate court to have the questioned decision reviewed and potentially reversed. In the United States, appellate courts exist in both the federal and the state systems.

POST-CONVICTION RELIEF

Post-conviction relief refers to a civil action under Idaho’s Uniform Post-Conviction Procedure Act (UPCPA) seeking to correct an allegedly unconstitutional conviction or sentence. Post-conviction relief is separate and distinct from a direct appeal and can be based on a number of different theories. The most commonly raised theory is ineffective assistance of trial counsel.

PAROLE

Idaho employs a unified sentencing system in felony matters. At the time of sentencing, the court imposes a minimum period of confinement, referred to as the fixed portion, and may order a subsequent indeterminate period of confinement. If a person is sent to prison, they become eligible for parole once they complete the fixed portion of the sentence. It is up to the Parole Commission whether the person is released or if they will be required to serve some or all of the indeterminate period of confinement ordered by the Court. An inmate has the right to be assisted by an attorney, at their own expense, in seeking parole.

PROTECTION ORDER HEARINGS

Idaho law allows for a person who feels they are in immediate and present danger of domestic violence to seek a civil protection order restraining the alleged aggressor. If you learn that someone is seeking an order restraining you, it is a good idea to contact an attorney. These hearings can become quite complex in that a person may wish to attend the hearing, take the stand, and tell their side of the story. The danger in this, however, is that often times, someone who is seeking a protection order may also be making claims of past domestic violence in an effort to have the person they are accusing charged criminally. So, while your first instinct at one of these hearings may be to give your version of events, your attorney may advise you to remain silent in order to protect yourself from criminal prosecution.

You should be aware that if either party shows up to a protection order hearing with an attorney and the other party does not have an attorney, it is very likely the court will postpone the hearing for 14 days so that the unrepresented party can find an attorney.

These protection orders can sometimes include children in the order. If there is any custody order in place, this is important information to provide to your attorney, as it may help you maintain custody.

Finally, you should be aware that if a protection order is granted against you, it may very likely make you, at least temporarily, ineligible to legally possess a firearm.

PROFESSIONAL LICENSING DEFENSE

Often times criminal convictions can have collateral consequences, including imperiling a person’s professional license. Depending upon which licensing board and how involved the licensing process is, we may be able to stand with you before the licensing body and address your criminal charges. For some professions, with more involved licensing procedures, it may make sense for you to hire a civil attorney. In such cases, we will work in tandem with your civil attorney to attempt to provide you with the best outcome for both your criminal case and your licensing situation.