19-3901. COMPLAINT OR CITATION. All proceedings and actions before the magistrates division of the district court for a public offense of which such court has jurisdiction, must be commenced by complaint setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of, and to answer the complaint. A complaint for a misdemeanor must be sworn to before a magistrate or judge. A complaint for an infraction may be an unsworn complaint signed by a law enforcement officer. Provided, however, as to any misdemeanor or infraction triable by a magistrate, a law enforcement officer may, in lieu of making a written complaint, issue to the defendant a uniform citation containing a complaint and a summons to appear in a form and in the manner prescribed by rule of the supreme court. The complaint in the uniform citation shall contain a certification by the law enforcement officer to the effect that he certifies that he has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. The citation shall be served upon the defendant by obtaining his written promise to appear in court at a time certain or by physically delivering the citation to the defendant. The citation shall be processed in the courts as prescribed by rule of the supreme court. If the defendant fails to appear on a misdemeanor citation at the time indicated in the summons, the defendant may be prosecuted for the misdemeanor offense of failure to appear under section 19-3901A, Idaho Code.
History:
[(19-3901) Cr. Prac. 1864, sec. 595, p. 287; R.S., R.C., & C.L., sec. 8280; C.S., sec. 9227; I.C.A., sec. 19-4001; am. 1967, ch. 152, sec. 1, p. 342; am. 1971, ch. 117, sec. 1, p. 400; am. 1979, ch. 165, sec. 1, p. 509; am. 1982, ch. 353, sec. 9, p. 874; am. 1983, ch. 25, sec. 1, p. 67.]
Structure Idaho Code
Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT
Section 19-3901 - COMPLAINT OR CITATION.
Section 19-3901A - FAILURE TO OBEY CITATION FOR MISDEMEANOR.
Section 19-3902 - CORRECTION OF DEFECTIVE COMPLAINT.
Section 19-3903 - ISSUANCE AND FORM OF WARRANT.
Section 19-3904 - DOCKET AND MINUTES.
Section 19-3905 - PLEA — EXAMINATION ON PLEA OF GUILTY.
Section 19-3906 - PROCEEDINGS AFTER PLEA.
Section 19-3909 - POSTPONEMENT OF TRIAL.
Section 19-3910 - PRESENCE OF DEFENDANT.
Section 19-3911 - WAIVER OF TRIAL BY JURY.
Section 19-3912 - CHALLENGE TO JURORS.
Section 19-3913 - OATH OF JURORS.
Section 19-3914 - CONDUCT OF JURY.
Section 19-3915 - COURT TO DECIDE QUESTIONS OF LAW.
Section 19-3916 - RETIREMENT OF JURY.
Section 19-3918 - VERDICT AGAINST JOINT DEFENDANTS.
Section 19-3919 - DISCHARGE OF JURY.
Section 19-3920 - RETRIAL OF DEFENDANT.
Section 19-3921 - PROCEEDINGS ON PLEA OF GUILTY.
Section 19-3922 - PAYMENT OF COURT ORDERED TESTS OF BREATH OR BODILY FLUID.
Section 19-3923 - ACQUITTAL — COSTS OF MALICIOUS PROSECUTION.
Section 19-3924 - MALICIOUS PROSECUTION — JUDGMENT AGAINST PROSECUTOR.
Section 19-3925 - TIME FOR JUDGMENT.
Section 19-3926 - MOTIONS PRIOR TO JUDGMENT.
Section 19-3927 - GROUNDS FOR NEW TRIAL.
Section 19-3928 - GROUNDS FOR ARREST OF JUDGMENT.
Section 19-3929 - PRONOUNCEMENT AND ENTRY OF JUDGMENT.
Section 19-3930 - DISCHARGE OF DEFENDANT.
Section 19-3931 - WARRANT FOR EXECUTION OF JUDGMENT.
Section 19-3932 - IMPRISONMENT PENDING PAYMENT OF FINE.
Section 19-3933 - DISCHARGE UPON PAYMENT OF FINE.
Section 19-3934 - ADMITTANCE TO BAIL.
Section 19-3935 - SUBPOENAS FOR WITNESSES.
Section 19-3936 - ENTITLING AFFIDAVITS.
Section 19-3945 - JURORS AND WITNESSES — FEES AND MILEAGE — APPLICATION FOR SUBPOENAS.
Section 19-3946 - AFFIDAVIT AS TO MILES TRAVELED.
Section 19-3947 - COUNTY MISDEMEANOR PROBATION OFFICE SERVICES.