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Prosecution

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1. What are the differences between an infraction and a misdemeanor?

An infraction is considered a civil offense. It may include a fine up to $100. If you have been cited with an infraction you need to appear before a court clerk on or before the date on the citation. Your options are to pay the fine or deny the charge and have the case set for a pretrial conference. You may also pay the fine amount by mail.

A misdemeanor is considered a criminal offense. It may include a fine up to $1,000 and up to a year of jail time. To be charged with a misdemeanor, a person may be cited by a peace officer (on the Idaho Uniform Citation) or the City Prosecutors may file a complaint and summons to appear. The citation requires the defendant to appear in court and gives a certain day and time for that appearance. The first appearance must be set sometime between 5 - 21 days after the date of the citation.

2. What is an arraignment?

An arraignment is the first step in a criminal case. At the arraignment, the person accused of breaking the law (the defendant) appears in court in front of a judge. The judge tells the defendant what the maximum penalty is for the charge. The defendant then tells the judge whether the defendant thinks that he/she is guilty or not guilty of the crime to which the defendant is accused (known as a guilty plea or not guilty plea).

If the defendant enters a plea of not guilty, the judge sets the bail bond, if any, and the next hearing, which is called a pretrial conference. If the defendant enters a plea of guilty at the arraignment, the judge may impose a sentence or set a later date to do so.

3. What happens if I plead guilty?

If you plead guilty to a crime, the judge will sentence you for that crime. Prior to pleading guilty, the defendant will be told by the judge what the maximum penalties are. The judge can impose up to the maximum penalty if the judge feels that it is appropriate.

4. Once I plead guilty, can I change my mind later and plead not guilty?

Once you plead guilty, you can usually withdraw your guilty plea. In order to withdraw your guilty plea before sentencing, a person must show what’s called “just cause” or “excusable neglect.” The judge decides whether the defendant has met one of those standards.

In order to withdraw your guilty plea after being sentenced, the defendant who plead guilty must show what’s called “manifest injustice.” The judge decides whether or not the person attempting to withdraw their guilty plea has met that standard. The prosecutor is allowed to be present and argue for or against granting the motion to withdraw the plea. At a motion to withdraw a guilty plea, the defendant attempting to withdraw their guilty plea has the burden of showing either a “just cause or excusable neglect” or “manifest injustice.”

5. What is a pretrial conference?

At the time of arraignment, each case is assigned a pretrial conference and trial date. A pretrial conference is a meeting between the defendant and the prosecuting attorney, or, if the defendant is represented by an attorney, between the prosecuting attorney and the defendant’s attorney. The purpose of the pretrial conference is to discuss the possibility of reaching an acceptable resolution to the case.

6. What is a plea agreement?

A plea agreement is an agreement between the defendant and the prosecutor. The judge is not required to accept a plea agreement. However, the judge usually takes a plea agreement into account before sentencing the defendant.

7. How do I get an attorney to represent me?

You may locate and hire an attorney, or the court may appoint one under certain circumstances.

8. How can I get a court appointed attorney?

To begin the process, you must fill out an application for a public defender, provided at the courthouse. The completed form must be filed with the courthouse clerks. After that, you will appear before a judge (usually at your arraignment) to discuss to possibility of getting a public defender appointed to represent you. Based mostly on whether you can pay to hire your own attorney, the judge will decide whether or not you qualify to have a public defender appointed to represent you.

9. Can I have a court appointed attorney for an infraction?

No. An infraction does not carry with it the right to an attorney (like a misdemeanor does) because it is considered a civil offense. It is a civil offense because the maximum punishment cannot include jail time or probation.

10. What happens if I miss court?

Several things can happen if you miss court. The most common result of missing court is that the judge will issue a bench warrant and set a bond amount. A bench warrant is an order for the person who misses court to be arrested and brought before the court.

11. Can I ask the judge for legal advice?

No. A judge cannot give individuals legal advice.

12. Can I ask the prosecutor for legal advice?

No, because the prosecutor represents the City and not the defendant. They cannot give legal advice to a defendant.

13. Can I appeal a conviction on an infraction?

Yes. A person must file notice of appeal within 42 days of the conviction.

14. Can I appeal a conviction on a misdemeanor?

Yes. A person must file notice of appeal within 42 days of the conviction.

15. What is a Rule 35 motion?

A Rule 35 motion refers to Idaho Criminal Procedure Code Rule 35. It is essentially a request for leniency (to have a sentence reduced or lessened). A Rule 35 motion can be filed to correct an illegally imposed sentence (for example, if a judge imposed 2 years of imprisonment for a misdemeanor, the request would be to correct that illegally imposed sentence because at most a defendant can only be
sentenced to one year for a misdemeanor) or to request a court to
reconsider a sentence already imposed (for example, a request to the judge for
leniency/reduced sentence).

16. Can I disqualify a judge from my case?

Generally speaking, a judge can be disqualified from a case for 2 reasons. The first is called “without cause,” the second is called “for cause.” Any defendant may disqualify one judge by filing a motion for disqualification without cause pursuant to Idaho Criminal Rule 25 (a). Typically, this motion must be filed within 7 days after service of a written notice setting the time for pretrial conference.

Any defendant may disqualify a judge for cause pursuant to Idaho Criminal Rule 25 (b). Only if one of the four grounds in Rule 25 (b) have been met may a defendant successfully disqualify a judge for cause (like for example, if the judge has a personal interest in the outcome of a case).

17. What is the difference between a court trial and a jury trial?

In a trial, there are what’s called “issues of fact” as well as “issues of law.” In a court trial, the judge decides both and there is no jury. However, in a jury trial, six members of the community make up the jury. The jury acts as the finder
of fact, (i.e. they determine what happened and what did not, based upon the evidence submitted during trial), while the judge makes rulings on issues of law.

18. What is an Alford plea?

An Alford plea is a type of plea where a defendant does not admit to being guilty to the judge. A person who enters an Alford plea admits that the evidence the prosecutor would present at trial would be enough to prove the person guilty, but the defendant does not admit to committing the crime like they do in a standard plea of guilty. In an Alford plea, the court still imposes punishment as if the person pleaded guilty, even though the person does not actually admit guilt.

19. What is probation?

After sentencing a defendant, a judge may elect to suspend the sentence or part of it and place the defendant on what’s called “probation.” A probationer is typically supervised by Bonneville County Adult Probation. A probationer is subject to searches, drug testing, and counseling and/or any other special terms and conditions that the judge may require.