IDAHO CRIMINAL LAW
Criminal law and procedure are large categories of law in Idaho that encompass many different topics. Offenses are classified and assigned punishments based on factors such as the type of victim of the crime and the specific facts surrounding each incident. The following information provides a general introduction to Idaho criminal law and procedure. If are facing a charge or conviction in this state, it is a good idea to contact an Idaho criminal defense attorney who can inform you of all your options.
Drug Possession in Idaho
In Idaho, certain drugs are classified as "controlled substances." It is unlawful for a person to possess a controlled substance unless the substance was obtained directly from a valid prescription or medical practitioner's order. The penalties for such possession vary according to the type and amount of the drug. Punishments range from seven years in jail and $15,000 in fines for felony drug possession to less than a year jail time and under $1,000 in fines for misdemeanor drug possession.
People in possession of more than three ounces net weight of marijuana are guilty of a felony for which they can be imprisoned for up to five years, and/or fined up to $10,000. Possession of smaller amounts of marijuana falls within the less severe misdemeanor sentencing guidelines. Contact an Idaho criminal defense attorney to help you defend yourself against a charge of drug possession.
Assault in Idaho
An assault is an unlawful attempt, undertaken with apparent ability, to commit a violent injury on another person's body. Intentional threats to do violence can also be considered assaults when coupled with an apparent ability to do so and fear on the part of the victim. In Idaho, an assault is punishable by fines of up to $1,000 and/or by imprisonment in the county jail for up to three months.
An aggravated assault is punishable by imprisonment in the state prison for up to five years and/or by fines not exceeding $5,000. An aggravated assault is an assault:
Idaho also sets forth several more specific categories of assault based on particular types of victims such as teachers, medical personnel and law enforcement officers. If you or a loved one has been charged with these or another form of assault, you should consider seeking the legal advice of a licensed Idaho criminal defense attorney.
Idaho Drunk Driving – DUI
Drunk driving is an increasingly common offense. If you have received a DUI in Idaho, the consequences can include suspension of your driver's license, fines, and/or a jail sentence. If you have been charged with a DUI in Idaho, you should consider you hiring an Idaho DUI attorney.
Right to a Jury in Idaho
Idaho recognizes a right to trial by jury for offenses punishable by more than one hundred dollars and by imprisonment. Issues of fact must be tried by jury, unless a trial by jury is waived in criminal cases by the consent of both parties expressed in open court and entered in the minutes. In case of misdemeanor, the jury may consist of six, or any number less than six upon which the parties may agree in open court.
Trial Date in Idaho
People accused of crimes in have a constitutional right to a speedy trial; in Idaho, this means they must be tried within 180 days of their indictment. The rule also applies to individuals who are already incarcerated in another state but facing a charge in Idaho.
Sentence Review / Appeals in Idaho
Criminal defendants tried in district court may appeal judgments and orders to the Idaho Supreme Court. If you are considering appealing a judgment or sentence, it is advisable to retain the services of an Idaho criminal defense attorney.
Idaho Code Click Here To See The Following Idaho Codes: