The Idaho Waiver of Detention Hearing/Order of Detention is a legal order that requires an individual to appear before a judge in a criminal case. The hearing is intended to determine whether the accused should be released from custody or held without bail pending trial. This hearing is important because it determines whether an individual should remain in jail or be released on bail. The Idaho Waiver of Detention Hearing/Order of Detention can be divided into two types: Preliminary Hearing and Detention Hearing. The Preliminary Hearing is conducted shortly after an individual has been arrested and is used to determine whether there is probable cause to believe the accused has committed a crime. The Detention Hearing is held after the Preliminary Hearing and is used to determine whether the accused should be released on bail and under what conditions. At either hearing, the accused has the right to present evidence and make arguments in his or her defense. If the judge determines that the accused should be held without bail, an Order of Detention will be issued. The Order of Detention will outline the terms of the accused’s detention, including the period of detention, any conditions of release, and the date of the next court hearing.
Idaho Waiver of Detention Hearing/Order of Detention
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FAQ
Arraignment must be conducted in open court and consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and requiring the defendant to plead to it. The defendant may waive the reading of the indictment or information.
A preliminary hearing is held only on felony cases and is conducted before a magistrate judge. At this hearing, the prosecuting attorney presents what evidence he/she may have to show that there is probable cause (reason) to believe that a crime has been committed and that the defendant committed the crime.
If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in a complaint, indictment or information, the court may order the state to elect between counts, grant separate trials of counts, grant a severance of defendants, or provide whatever other relief justice requires.
Pretrial Services is a supervision and monitoring program ordered by a judge as a condition of bond or release for someone who has been charged with a crime but hasn't been to trial.
The "initial appearance" before a magistrate is the first appearance of the defendant before any magistrate. In the event a defendant appears before more than one magistrate, the first appearance before the first magistrate constitutes the "initial appearance."
It is often during these hearings that plea agreements are negotiated and resolved. Preliminary Hearing - A preliminary hearing is a hearing to determine if a person charged with a felony should be tried for the crime charged, based on the presentation of evidence that he/she committed the crime.