36-1302. ARRESTS — JURISDICTION — BAIL — TRIAL. (a) Arrests — Citations. All arrests pursuant to the provisions of title 36, Idaho Code, may be effected by:

1. Taking the offender into custody for immediate appearance before any magistrate of the state having jurisdiction over the alleged offense; or

2. Issuing a citation to the offender to appear before such magistrate.

(A) Said citation shall bear the name and address of the offender, the date, time and place for his appearance before a magistrate, the offense charged, the approximate location where and the approximate time when the offense was committed and other such essential descriptive information related to the offense as prescribed by the director.

(B) A citation shall be issued only by mutual agreement of the officer and the accused as evidenced by both their signatures on said citation. The citation shall specify appearance before a magistrate court having jurisdiction over the alleged offense in any county mutually agreed to be convenient. The accused shall be given a copy thereof and thereupon may be released from custody.

(C) No accused shall fail to appear at the time and place specified in the citation. Any such failure to appear shall be cause for issuance of a warrant for his arrest.

(b) Actions — How Brought. All actions brought for violation of the provisions of this title shall be in the name of the state of Idaho and shall be prosecuted by an attorney representing the county having jurisdiction.

(c) Bond — Waiver of Trial — Guilty Plea. For the purpose of posting bail bonds or cash bail, waivers of trial or entering pleas of guilty, the officer shall take the defendant before any magistrate or other designated person within the state who has sufficient jurisdiction to accept the bond, waiver, or plea.

(d) Trial. Upon a plea of not guilty by the defendant before a court in a county other than where the offense was committed, the action shall be returned for trial to a court in the county where the offense is alleged to have occurred.

History:

[36-1302, added 1976, ch. 95, sec. 2, p. 360; am. 1992, ch. 81, sec. 33, p. 246.]