Idaho Motion to Revoke Bond When Charged with First Degree Felony

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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

In Idaho, when an individual is charged with a first-degree felony, there is the possibility of a motion to revoke bond being filed. This motion, if granted, can lead to the revocation of the defendant's bond or release from custody, pending trial. Understanding the implications and various types of Idaho motion to revoke bond in first-degree felony cases is essential for both defendants and legal professionals involved in criminal law. When charged with a first-degree felony offense in Idaho, such as murder, kidnapping, or robbery, the defendant may initially be granted bail or bond by the court. This allows the accused to be released from custody until their trial, typically under specific conditions aimed at ensuring their appearance and the safety of the community. However, under certain circumstances, a motion to revoke bond can be filed by the prosecution, seeking the defendant's return to custody. One type of Idaho motion to revoke bond occurs when the defendant violates the conditions of their release. These conditions typically include attending court hearings, keeping a fixed residence, avoiding contact with victims or witnesses, refraining from certain activities or substances, and complying with any orders or restrictions imposed by the court. If the prosecution can prove that the defendant has violated any of these conditions, they may file a motion to revoke bond. Another type of motion to revoke bond may arise if new evidence or information comes to light, which could affect the defendant's eligibility for bad. Suppose the prosecution discovers additional evidence that strengthens their case against the defendant. In that case, they may argue that the severity of the charges or the likelihood of conviction has significantly increased, justifying the revocation of the defendant's bond. Additionally, the prosecution may file a motion to revoke bond if the defendant becomes a flight risk, meaning there is a substantial risk that they will flee before trial. Factors such as a lack of ties to the community, access to significant financial resources, previous history of flight, or threats made towards potential witnesses can contribute to the argument that the defendant may try to evade prosecution. It is important to note that a motion to revoke bond does not automatically result in the defendant's return to custody. The court will carefully consider the arguments presented by the prosecution and defense before making a decision. If the motion is granted, the defendant will be arrested and held in custody until their trial. If the motion is denied, they will either continue their release or may have their conditions modified or tightened. In summary, when facing a first-degree felony charge in Idaho, defendants should be aware that a motion to revoke bond is a possibility. Violating conditions of release, new evidence impacting the case, or being deemed a flight risk can all lead to this motion being filed. Understanding the various types of Idaho motion to revoke bond can help defendants and legal professionals navigate the complexities of the criminal justice system.

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If you post a cash bond, you may get some or all of your cash bond back, but it won't be until the case is finished and the necessary paperwork has been processed. If you post a surety bond, you will not get the money you paid for the premium or the Sheriff's fee back.

A protected person named in a no contact order may request modification or termination of that order by filing a written and signed request with the clerk of the court in which the criminal offense is filed. Forms for such a request must be available from the clerk.

When a person/defendant is arrested, the court may set a bail amount, which is a fee the defendant can pay to the court for temporary release from jail pending a court appearance. If the defendant is able to pay bail, the defendant is released from jail and is required to appear in court on a specified date.

A protected person named in a no contact order may request modification or termination of that order by filing a written and signed request with the clerk of the court in which the criminal offense is filed. Forms for such a request must be available from the clerk.

A defendant may be admitted to bail or released on the defendant's own recognizance by the court in which the defendant was convicted pending an appeal on consideration of the factors set forth in subsection (c) of this rule unless it appears that the appeal is frivolous or taken for delay.

A Bond Agent has the legal right to revoke a bond prior to forfeiture in ance with Idaho Code 19-2924. Before a bond will be considered by the Court to be revoked, there shall be filed with the Court a properly executed "Certificate of Surrender".

Section 19-2915 - FORFEITURE OF BAIL (1) If without sufficient excuse the defendant fails to appear before the court as ordered, the court shall immediately: (a) Enter the defendant's failure to appear in the minutes; (b) Order forfeiture of the bail; and (c) Issue a bench warrant for the arrest of the defendant.

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the court's order denying the motion. A timely filed notice of appeal and ... for a bail revocation hearing, or the court may order the defendant to appear. If the defendant fails to appear at the bail revocation hearing, the court shall issue a bench warrant for the defendant's arrest. (2) In its order revoking ...... the legal right to revoke a bond prior to forfeiture in accordance with Idaho ... write or post bonds for Courts in the Sixth Judicial District shall first be. In some cases, say a first violation (not involving another crime), a ... bail ends up with the original criminal charge plus an additional FTA criminal charge. ... a motion to revoke your bond and for you to be held on no bond. This means you might have to go back to jail to await trial. For example, if you are arrested ... Jun 20, 2022 — For felony offenses committed when the person charged is ... file a motion with the court requesting relief from the requirement to post bond. Oct 16, 2023 — Fortunately, that is not the case for most people who are accused of a crime thanks to the option to post bond and/or secure release as part of ... Bond revocation is something that can happen before a criminal trial. When a person is charged with a crime, they're typically granted bond. Usually, the ... A person held in custody for violating probation or supervised release must be taken without unnecessary delay before a magistrate judge. (A) If the person is ... The purposes of the pretrial release decision include providing due process to those accused of crime, maintaining the integrity of the judicial process by ...

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Idaho Motion to Revoke Bond When Charged with First Degree Felony