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(a) Preliminary Hearing. Unless indicted by a grand jury, a defendant charged in a complaint with any felony is entitled to a preliminary hearing. If the defendant waives the preliminary hearing, the magistrate must immediately file a written order in the district court requiring the defendant to answer.
In any felony or misdemeanor criminal action, excluding actions before drug courts or mental health courts, any party may disqualify one judge by filing a motion for disqualification without stating any grounds, and the motion must be granted if timely filed.
Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.
The district judge may place conditions on the use, dissemination or publication of the record of proceedings of the grand jury, and any violation of any condition by a party granted access to the record will constitute contempt of the order of the district judge.
Idaho Misdemeanor Criminal Rule 3. Citable Offenses - Methods of Initiating Prosecution - Trial - Consolidation. (a) Charging a citable offense. A person may be charged and brought before a court for any citable offense upon the filing of an Idaho Uniform Citation as provided by these rules.
After a complaint is presented to a magistrate, (which may be in the form of the Idaho Uniform Citation for a misdemeanor), the magistrate may issue a warrant for the arrest of the defendant only after making a determination that there is probable cause to believe that an offense has been committed and that the ...
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
If the magistrate judge finds probable cause to believe an offense has been committed and the defendant committed it, the magistrate judge must promptly require the defendant to appear for further proceedings.