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Criminal LawAfter being arrested in IdahoArraignment in Idaho Bond hearings in Idaho The different levels of bond The preliminary hearing Your Constitutional rights After being arrested in Idaho What happens after an arrest differs slightly depending upon whether you were released on bond before your arraignment or not. If you were released on bond shortly after arrest, you can expect to receive a summons directing you to appear in Court for an arraignment on a certain date. That will be your next day in court. If you were not released, you will be held until you are brought to court for an arraignment and, if you request, a bond hearing. The next step depends on whether you are charged with a misdemeanor or felony. If you are charged with a misdemeanor, your next day in court will be your trial date. If you are charged with a felony, you will first be offered a preliminary hearing in the Magistrate Court and then your trial will be in the District Court. Depending upon the nature of your case and if you are found guilty, the judge may request that sentencing be set for a later date pending a pre-sentencing report. Arraignment in Idaho At arraignment, the Court will read the charges that are brought against you and ask whether or not you would like to seek court appointed counsel. The Court will take into account your income and expenses in determining whether or not you qualify for court appointed counsel. The Court will also ask you to state your inital plea of guilty or not guilty. You should talk to an attorney before making a decision about a plea. Bond hearings in Idaho After arragnment, you may request a bond setting, where the Court will determine bond. All crimes except those punishable by death are eligibel for bond. The Court will look at a number of factors to determine the amount of bond, including employment, family relationships, and your strong ties to the community. It is important to explore all of the factors before arguing at a bond hearing. The different levels of bond Bond is generally set at a dollar amount. However, depending upon the facts and the nature of the crime, the Court may allow a person te be released on their "own recognizance." This means that the Court trusts that person to return for future hearings, so much that the Court does not require that person to secure a cash bond before being released. The preliminary hearing Each person charged with a felony is entitled to a preliminary hearing in the Magistrate Court. At the preliminary hearing, the state must show that there is probably cause that you committed the crime alleged. If the state proves this, it will "bind" you over to District Court. There are important time limits on when the preliminary hearing must be held, so it is important that you consult with an attorney quickly after you are arrested. Your Constitutional rights You have a number of Constitutional rights that are important in a criminal matter, from the right to remain silent to the right to a speedy trial. The remedy for a Constitutional violation is generally an exclusion of evidence but can also be as extreme as dismissal of a charge. It is important to explore all issues before going to trial. |
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