Idaho Jury Instruction - Smuggling
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If a defendant fails to appear at the time fixed by the court, or at the time fixed by a continuance or trial date notice issued by the clerk, the court may order any bond forfeited and may issue a bench warrant for the arrest of the defendant.
Based upon these decisions, the general rule in Idaho is that the defendant in a criminal case has the burden of producing evidence regarding any defense, but he does not have the burden of persuasion. Once the defense is properly raised, the state must disprove it beyond a reasonable doubt.
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.
Updated on . 94 Comments. Bench warrants are orders that are issued by a judge or ?from the bench? that notify you that you failed to obey a court order and may give authority to law enforcement to arrest you, though they may not be arrest warrants.
Your duty as a juror is to listen to the judge, witness and attorneys; to deliberate calmly and fairly; and to decide intelligently and justly. Your decision must be made upon the evidence presented to you in court. be informed of the trial process and of the applicable law.
Warrants for the arrest of a person remain active indefinitely until served or quashed by a judge, while warrants to search a person, place or thing must be executed and returned to the issuing judge within 14 days. I.C. § 19- 4412.
Failure to Appear An FTA is a misdemeanor, punishable by up to six months in jail and/or a fine of up to $300, plus court costs. If you are charged with an FTA, the court is likely to issue a warrant for your arrest.
ICJI 702 MALICE?DEFINED INSTRUCTION NO. deliberate intention unlawfully to kill a human being.