Idaho Waiver of Indictment

State:
Idaho
Control #:
ID-SKU-084
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Description

Waiver of Indictment

The Idaho Waiver of Indictment is a legal process by which a person accused of a crime can agree to forgo a Grand Jury Indictment and proceed directly to trial. This is a form of plea bargaining in which the accused agrees to waive his or her right to a Grand Jury Indictment in exchange for a specific plea agreement. The Idaho Waiver of Indictment is offered to defendants in both felony and misdemeanor cases. There are two types of Idaho Waiver of Indictment: the Standard Waiver of Indictment and the Advanced Waiver of Indictment. The Standard Waiver of Indictment is offered to defendants who wish to admit guilt and proceed directly to sentencing. The Advanced Waiver of Indictment is offered to defendants who wish to admit guilt and proceed directly to trial. In either case, the defendant must sign a document acknowledging that he or she understands the consequences of waiving a Grand Jury Indictment and accepts the plea bargain offered by the prosecution.

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FAQ

(1) In General. A defendant may plead guilty or not guilty. If a defendant refuses to plead or if a defendant corporation fails to appear, the court must direct the entry of a plea of not guilty.

Idaho Court Administrative Rule 5. Civil Jurisdiction of Magistrates; Assignment of Cases. (a) Jurisdiction; Assignment by Order. Jurisdiction of magistrates is the same as that of district judges but assignment of cases to magistrates must be approved by order of a majority of the district judges in the district.

(a) All pleadings, motions, and other papers presented for filing must be in 8½ x 11 inch format, flat and unfolded, without back or cover, and must be plainly typewritten, printed, or prepared on one side of the paper only by a clearly legible duplication process, and double-spaced, except for quoted material and

In general, a status hearing is simply a date for the judge to check in with the prosecutor, criminal defense attorney and the criminal defendant on how the case is going and whether it will be resolved without trial.

Idaho Appellate Rule 5. Special Writs and Proceedings. (a) Special Writs. Any person may apply to the Supreme Court for the issuance of any extraordinary writ or other proceeding over which the Supreme Court has original jurisdiction.

(a) Preliminary Hearing. Unless indicted by a grand jury, a defendant charged in a complaint with any felony is entitled to a preliminary hearing. If the defendant waives the preliminary hearing, the magistrate must immediately file a written order in the district court requiring the defendant to answer.

The time for an appeal from any criminal judgment, order or sentence in an action is terminated by the filing of a motion within fourteen (14) days of the entry of the judgment which, if granted, could affect the judgment, order or sentence in the action, in which case the appeal period for the judgment and sentence

Idaho Statutes (a) It shall be unlawful for any person to fail to appear in court at the time promised on a misdemeanor citation or to fail to appear at the time indicated on a misdemeanor citation served upon the defendant, regardless of the disposition of the charge upon which such citation was originally issued.

More info

Waiver of an Indictment. Download Form (pdf, 259.(b) Waiving Indictment. 6. This waiver of indictment is made after full consultation with and advice of counsel and is knowing, intelligent, and voluntary. Date. Obtaining a grand jury indictment is costly and time consuming, and a defendant must first waive indictment before an information can be used. Petition To Waive Prosecution By Indictment (Preliminary Questions) Form. This is a South Carolina form and can be use in District Court Federal. This Court approves Defendant's waiver of the two (2) full days of service of Indictment before arraignment. The Defendant waives the right to be arraigned in open court on said Indictment. The Defendant waives the right to be arraigned in open court on said Indictment.

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Idaho Waiver of Indictment