Parole Violations in Idaho

Idaho has parole, run by the Idaho Commission of Pardons and Parole. A parole officer may arrest a suspected violator on an agent's warrant, and a commission warrant suspends parole until a revocation hearing. For a violation other than absconding or a new conviction, the parolee gets a fair and impartial hearing within 30 days of being served with the charges, before one or more commissioners or an impartial hearing officer (for absconding or a new conviction, within a reasonable time). If the violation is not proven by a preponderance of the evidence, or is not enough to revoke, the parolee is reinstated on the same or modified conditions; if it is, a dispositional hearing before the commission may impose sanctions up to revocation and sets how long the person returns to custody. A revoked parolee must serve out the sentence without credit for time on parole unless the commission decides otherwise.

Idaho's rule on court-appointed lawyers: An indigent person who is detained, confined, or formally charged with a serious crime is entitled to counsel and defense services at public expense to the extent the person cannot pay. Idaho's State Public Defender provides representation. The court decides indigency, generally at the first court appearance, and presumes indigent: persons whose current monthly income does not exceed 187% of the federal poverty guidelines; persons (or their dependents) receiving public assistance such as food, health coverage, cash or child-care assistance under title 56; and persons serving a sentence in a correctional facility or housed in a mental health facility. The court may also consider income, property, obligations, dependents and the cost of bail. A convicted person may be ordered to reimburse costs unless it would cause manifest hardship. Idaho Code §§ 19-6009, 19-6011

Lawyers set their own fees, and Idaho has rules on how they may charge. See hiring a criminal defense lawyer in Idaho for fee rules, how to check a lawyer's license and free help.

How release before trial works in Idaho: A defendant charged with a crime not punishable by death must be admitted to bail or released on own recognizance before a plea or verdict of guilty. Magistrates and district courts set bail; bail stated on a warrant applies unless the magistrate finds good cause to change it. In setting release, bail amount and conditions the court may consider factors including employment and financial condition, family ties, residence history, character, the nature of the charge, prior record and past appearance in court, community ties, and the results of a pretrial risk assessment using a tool approved by the Idaho Supreme Court. The court must not require that bail be posted only in cash; bail may be a cash deposit, property bond or surety bond. After a hearing the court may increase or reduce bail, and a defendant may apply for a reduction for good cause with notice to the prosecutor. Idaho Criminal Rules 5(f), 46(a), (b), (c), (f), (l) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Idaho expungement and record sealing rules.