19-804. PRELIMINARY EXAMINATION. The magistrate shall conduct a preliminary examination unless the same is waived by the defendant. At such preliminary examination, the magistrate shall first read the complaint to the defendant unless the defendant waives such reading, and it shall be the duty of the magistrate at such examination to determine whether or not a public offense has been committed and whether or not there is probable or sufficient cause to believe that the defendant committed such public offense. Once commenced, the examination must be completed at one (1) session unless the magistrate for good cause shown by court order postpones it, or unless the parties stipulate in writing or upon the court record to a continuance to a date certain. If the defendant is incarcerated, the postponement or continuance cannot be for more than six (6) days or, if the defendant is not incarcerated, for more than twenty (20) days, unless on motion by or with the consent of the defendant the court orders a longer continuance or postponement.
History:
[(19-804) Cr. Prac. 1864, sec. 146, p. 230; R.S., R.C., & C.L., sec. 7568; C.S., sec. 8746; I.C.A., sec. 19-704; am. 1969, ch. 467, sec. 1, p. 1339; am. 1976, ch. 282, sec. 1, p. 967.]
Structure Idaho Code
Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED
Section 19-801 - ACCUSED TO BE INFORMED OF CHARGE — RIGHT TO COUNSEL.
Section 19-802 - SENDING FOR COUNSEL.
Section 19-804 - PRELIMINARY EXAMINATION.
Section 19-805 - COMMITMENT OR BAIL ON POSTPONEMENT.
Section 19-806 - FORM OF COMMITMENT.
Section 19-807 - ISSUANCE OF SUBPOENAS FOR WITNESSES.
Section 19-808 - EXAMINATION OF WITNESSES FOR STATE.
Section 19-809 - EXAMINATION OF WITNESSES FOR DEFENDANT.
Section 19-809A - CHILD’S OUT OF COURT STATEMENTS ADMISSIBLE IN PRELIMINARY EXAMINATIONS.
Section 19-810 - EXCLUSION OF WITNESSES.
Section 19-811 - EXCLUSION OF OTHER PERSONS.
Section 19-812 - TRANSCRIPT OF PRELIMINARY EXAMINATION.
Section 19-813 - CUSTODY OF TRANSCRIPT OF PRELIMINARY EXAMINATION.
Section 19-814 - DISCHARGE OF DEFENDANT.
Section 19-815 - HOLDING DEFENDANT TO ANSWER.
Section 19-815A - CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION.
Section 19-816 - OFFENSES NOT BAILABLE — ENDORSEMENT ON COMMITMENT.
Section 19-817 - BAILABLE OFFENSES — ORDER ADMITTING TO BAIL.
Section 19-818 - ORDER OF COMMITMENT.
Section 19-819 - FORM OF COMMITMENT.
Section 19-820 - UNDERTAKING OF WITNESSES TO APPEAR.
Section 19-821 - SECURITY FOR APPEARANCE.
Section 19-822 - SECURITY FOR APPEARANCE — INFANTS AND MARRIED WOMEN.
Section 19-823 - COMMITMENT FOR FAILURE TO GIVE SECURITY.
Section 19-824 - CONDITIONAL EXAMINATION.
Section 19-825 - RETURN OF PAPERS TO DISTRICT COURT.
Section 19-847 - INDIGENT PUBLIC DEFENSE — FINANCIAL .
Section 19-849 - STATE PUBLIC DEFENSE COMMISSION.
Section 19-850 - POWERS AND DUTIES OF THE STATE PUBLIC DEFENSE COMMISSION.
Section 19-851 - RIGHT TO REPRESENTATION BY COUNSEL — DEFINITIONS.
Section 19-853 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.
Section 19-855 - QUALIFICATIONS OF COUNSEL.
Section 19-857 - WAIVER OF COUNSEL — CONSIDERATION BY COURT.
Section 19-858 - REIMBURSEMENT — WHEN AUTHORIZED.
Section 19-859 - PUBLIC DEFENDER AUTHORIZED — JOINT COUNTY PUBLIC DEFENDERS.
Section 19-860 - PUBLIC DEFENDER — COMPENSATION — APPOINTMENT — QUALIFICATIONS.
Section 19-861 - PUBLIC DEFENDER’S OFFICE — EMPLOYEES — COMPENSATION — FACILITIES.
Section 19-862 - APPROPRIATION FOR PUBLIC DEFENDER — PRIVATE CONTRIBUTIONS.
Section 19-862A - COMPLIANCE — INDIGENT DEFENSE FINANCIAL ASSISTANCE.
Section 19-863 - DEFENSE EXPENSES — ALLOCATION IN JOINTLY ESTABLISHED OFFICES.
Section 19-863A - CAPITAL CRIMES DEFENSE FUND AUTHORIZED.
Section 19-864 - RECORDS OF DEFENDING ATTORNEYS — ANNUAL REPORT OF DEFENDING ATTORNEYS.
Section 19-865 - APPLICATION OF ACT — STATE COURTS — FEDERAL COURTS.