Idaho Grand Jury Instruction
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How to fill out Grand Jury Instruction?
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(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.
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.
Upon request, qualified jurors may be excused if they have served as a juror within the past 2 years or if they are 70 years of age or older. Upon written request and a showing of good cause, qualified jurors may postpone their term of service to another term.
A grand jury is a panel of citizens called together to hear evidence and determine if criminal charges should be initiated. Grand jury proceedings are private and secret, prospective defendants are not entitled to be present at the proceedings, and no one is allowed to cross-examine witnesses on the defendant's behalf.
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.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
You may plead guilty to the charge by going before the clerk of the court, within the time allowed for your appearance, at which time you will be told if you can pay a fixed fine or whether it will be necessary for you to appear before the judge; OR You may have your fine determined by a judge at a time arranged with ...
(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.
