How Idaho handles a case
What happens after an arrest anywhere in Idaho: who decides release first, how fast a person sees a judge, which courts hear the case, and who runs the offices around them. Every county in the state works under these rules.
From arrest to court
- Who decides release first
Before the first court appearance, the jail can accept bail set by the Idaho Supreme Court's misdemeanor bail schedule. The schedule stops controlling once a magistrate judge sees the person or reviews the case, and the magistrate sets release at the initial appearance.
Idaho Misdemeanor Crim. R. 13Idaho Crim. R. 46- Time to see a judge
An arrested person must be taken before a magistrate without unreasonable delay and within 24 hours, not counting Saturdays, Sundays, and holidays.
Idaho Crim. R. 5(b)- Money bail
Money bail is allowed. Magistrates may raise, lower, or eliminate bail, and a statewide schedule sets misdemeanor amounts until a judge reviews the case.
Idaho Crim. R. 46Idaho Misdemeanor Crim. R. 13- Pretrial risk assessment
Idaho has no statewide pretrial risk tool. A 2019 law requires any tool used to be transparent, with its data open to public inspection and its scoring open to the defendant.
Idaho Code 19-1910Mapping Pretrial Risk, State Laws on RATs (secondary; used as a pointer)- Courts
Idaho has one trial court, the district court. District judges try felonies, and magistrate judges in its magistrate division hear misdemeanors, preliminary hearings, and bail matters that the district assigns them.
Idaho Code 1-2208- Judges and magistrates
Voters elect district judges on a nonpartisan ballot to four-year terms. Each judicial district's magistrates commission appoints magistrate judges on merit; after 18 months a magistrate stands in a county retention election for a four-year term. Both must be Idaho lawyers.
Idaho Code 34-616Idaho Code 1-2205Idaho Code 1-2206Idaho Code 1-2207Idaho Code 1-2220- Prosecutors
Each county elects a prosecuting attorney to a four-year term, who must be a practicing lawyer.
Idaho Const. art. V, sec. 18- Public defense
Since October 1, 2024, the state Office of the State Public Defender has provided all public defense in Idaho, taking over from the counties. State employees staff the offices in 14 counties, and contract lawyers serve the other 30.
Idaho State Public Defender, Welcome to the State Public Defender OfficeIdaho Code 19-6005, 19-6006- Jails
The sheriff of each county keeps the county jail.
Idaho Code 20-601
Read from the statutes and court rules cited, 2026-09-30. Felony bond schedules set by judicial district were not confirmed.