509.758.3397

Criminal Proceedings

Criminal Proceedings

Idaho Criminal Proceedings

When a person is charged with a crime, they go through criminal proceedings. Idaho has two basic types of crimes: misdemeanors and felonies. Infractions are not crimes and follow a different procedure.

Criminal cases are follow procedures set out in the criminal rules. Idaho has the Idaho Criminal Rules, Idaho Misdemeanor Criminal Rules, Idaho Infraction Rules, and for cases dealing with juveniles there are the Idaho Juvenile Rules; these rules govern the procedures, while the Idaho Rules of Evidence generally control questions of evidence.

A criminal case generally proceed as follows:

Pre-trial stage:

  • Police investigation
    • This stage involves the collection of evidence that will be used to prosecute the defendant. At this stage the person who will become the defendant may be an unknown subject, a person of interest, or a suspect. Law enforcement may interview witnesses, seek tips and information from the public or informants, may seek to interrogate the subject of the investigation, and may seek the issuance of a search warrant from a magistrate.
  • Filing of the Complaint
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Contact Info

509-758-3397
604 6th Street
Clarkston WA 99403
Appointments Only
Mon – Thur 9-5 • Fri 9-1

Licensed In:

  • Idaho
  • Washington
  • Federal Courts
  • Nez Perce Tribal Court
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Definition of Infractions:

a civil public offense, punishable only by a penalty not exceeding $300 and for which no period of incarceration may be imposed.

Definition of Misdemeanor
a crime which is greater than an infraction and less than a felony with penalties of a maximum fine of $1000, jail of up to six (6) months, or both] and felonies [hover for definition: a crime which is punishable with death or by imprisonment in the state prison. Felonies will also carry monetary penalties.

Definition of Felony
a crime which is punishable with death or by imprisonment in the state prison. Felonies will also carry monetary penalties.

Idaho defines a crime as public offense in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: 1) death; 2) imprisonment; 3) fine; 4) removal from office; or 5) disqualification to hold and enjoy any office of honor, trust, or profit in the state.