Much of the misdemeanor work in Boise County grows out of its role as a recreation destination. Summer traffic to the hot springs, campgrounds and rivers, along with winter visitors heading toward Bogus Basin and the backcountry, produces DUI stops, fish-and-game violations, trespass complaints and disorderly conduct charges. A magistrate in Idaho City hears these cases, and charges are filed by the Boise County Prosecuting Attorney. Most arrests are made by Boise County deputies or by state troopers working Highways 21 and 55.

After an arrest in Boise County

Boise County deputies frequently write a ticket with a mandatory appearance rather than hauling the person to jail. Someone arrested instead goes through booking at the Highway 21 jail and can often post bail using the court's schedule. When deputies make an arrest with no warrant in hand, a 48-hour deadline applies for a judge to approve the arrest, and the arrestee is entitled to see a Boise County magistrate quickly. At that first appearance, the Boise County magistrate explains the charge and possible penalties, covers appointment of counsel, and then fixes bail or other release terms.

How a contract public defender is appointed

As of October 1, 2024, Idaho's statewide public defense agency, the Office of the State Public Defender, replaced the county-run systems. Because the SPD does not staff a branch in Boise County, the judge names a lawyer from the SPD's roster of contract attorneys. Request a lawyer at the initial appearance in Idaho City, or pick up and submit the application at the Idaho City courthouse; only a judge can grant the appointment. Where a conflict exists, lawyers from the SPD's Alternate Counsel Division take over. For general SPD questions, dial (208) 605-4575.

Moving toward a resolution

Following arraignment, many Boise County misdemeanors end with a plea agreement worked out with the Prosecuting Attorney. Under Idaho Code 19-3501, a Boise County misdemeanor trial has to begin within half a year once the defendant denies the charge, and the jury, drawn from Boise County residents, has six members who must vote unanimously. Idaho Code 19-2601 lets a Boise County judge withhold judgment for many first-time offenders, so the case can be dismissed once probation ends without a violation.

Sentencing ranges and timing

The standard Idaho misdemeanor penalty caps county jail time at six months and the fine at $1,000, imposed separately or together, though specific statutes raise the limit to a year for some crimes. A first DUI charged in Boise County can bring as much as half a year in jail plus a fine that can hit $1,000, a no-exceptions driving suspension of 30 days and later 60 to 150 days without full privileges (with restricted privileges sometimes allowed), a court-ordered alcohol evaluation, and, barring an exception, an interlock device installed on the vehicle for a full year after driving resumes. From citation to final disposition, a Boise County misdemeanor generally spans one to several months.

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Felony prosecutions in Boise County come from the Boise County Prosecuting Attorney, chosen by county voters, whose staff works on Montgomery Street in Idaho City. Common felony charges here include cabin and outbuilding burglaries, theft of equipment or vehicles, drug possession and distribution, felony DUI and aggravated assault. Each case opens before a Boise County magistrate and, if probable cause is found, finishes before a Fourth District judge in the same Idaho City courthouse.

Initial hearing and bail

Someone held at the Highway 21 jail on a felony is brought before the magistrate, and bail is set at that first hearing. Idaho's Constitution makes each charge bailable; only a capital charge backed by evident proof of guilt is excluded. Anyone unable to raise bail stays in the Highway 21 jail while the case proceeds.

Bind-over to District Court

The next step is a preliminary hearing, set within two weeks for a person held at the Highway 21 jail or 21 days otherwise, unless extended. The Idaho City magistrate weighs the testimony and determines if the evidence justifies holding the defendant to answer in District Court. As an alternative, the Boise County Prosecuting Attorney can seek a grand jury indictment. After bind-over the Idaho City prosecutor files an "information" setting out the felony charge, and a Fourth District judge conducts the arraignment; Idaho's speedy-trial rule calls for a felony trial no more than six months later, absent good cause.

Representation for Boise County felonies

Indigent felony defendants in Idaho City have a contract lawyer from the SPD assigned to them by the court. Apply at the courthouse in Idaho City or contact the statewide SPD office at (208) 605-4575. Conflicted cases are handed off to the Alternate Counsel Division.

Sentencing options and length of the case

Most Boise County felonies are resolved with a plea. A trial requires a 12-member jury and a unanimous verdict. Under Idaho's unified sentencing scheme, the Boise County judge pronounces a fixed minimum plus an indeterminate tail, and the state parole commission controls release once the fixed part is served. Judges can also retain jurisdiction, a "rider" that sends the defendant to IDOC for up to a year of treatment and classes, then decide whether to place the defendant on probation. Idaho's persistent violator law can push the sentence for a third felony to a span of five years to life. From arrest to sentencing, a Boise County felony usually takes six to 18 months.

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Violent felonies are infrequent in a county as sparsely populated as Boise County, but when one occurs it becomes a major case for the small Idaho City prosecutor's office and the sheriff's investigators. These cases go through the same Magistrate-to-District-Court path as other felonies. Boise County deputies may lean on Idaho State Police detectives and the state's crime lab, and the prosecutor may ask the Idaho Attorney General's office for help with complex trials.

Holding the defendant before trial

Judges in Idaho City typically impose hefty bail amounts in violent cases, and for capital murder with strong evidence bail can be refused. A defendant who remains in custody is held by the Boise County Sheriff at the jail on Highway 21 and transported to Idaho City for every court hearing.

Appointed defense in violent cases

The court appoints qualified SPD contract counsel for defendants who cannot pay, and any conflict situations in Idaho City go to Alternate Counsel Division attorneys. For SPD questions, dial (208) 605-4575.

Penalty ranges

• Murder in the first degree (Boise County): life, including at minimum a decade of fixed time, or death in a case where prosecutors gave formal notice and jurors agree on an aggravator beyond a reasonable doubt.
• Second-degree murder: a decade or more, up to life in prison.
• Rape prosecuted in Idaho City: no shorter than a year and up to life behind bars.
• Robbery: five years to life imprisonment.
• Firearm or deadly weapon: Idaho Code 19-2520 authorizes a sentence enhancement of 15 years at most for carrying out certain felonies while armed with a gun or similar weapon.

The Idaho Constitution's victims' rights provision (Art. I, §22) entitles people harmed by crime in Boise County to advance word of hearings, a seat at Idaho City hearings, a chance to speak about the harm done when sentence is imposed, and restitution.

Time to resolution

Forensic testing, expert evaluations and pretrial litigation slow these cases down, and a violent felony in Boise County commonly lasts anywhere from a year to three years, sometimes longer. A death-penalty prosecution typically runs well beyond that range.

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The courthouse for Boise County stands at 420 Main Street, Idaho City, ID 83631; the clerk's line is 208-392-4431. Find a Idaho City hearing date on the Idaho iCourt case search.

To ask about a Boise County warrant, call 208-392-4411 or the Idaho City clerk at 208-392-4431.

Boise County has no jail of its own; detainees arrested there are held at the Ada County Jail, 7210 Barrister Drive, Boise (208-577-3000).

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• Jail search for Boise: Boise County Inmate Search, or ring 208-392-4411.
• VINELink covers Boise and other Idaho jails, with Boise custody status and release notices.
• After a Boise prison sentence: the Idaho Department of Correction Resident/Client Search, plus our Idaho state prisons guide.
• Federal custody from Boise County: Federal Bureau of Prisons inmate locator.
• Held by ICE after a Boise arrest: ICE Online Detainee Locator System.

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A federal case from Boise County leaves the Boise courthouse. The case belongs to the U.S. District Court for the District of Idaho, Southern Division, James A. McClure Federal Building and U.S. Courthouse, 550 W. Fort St., Boise (208-334-1361). The federal magistrate for the Boise case decides release or detention under 18 U.S.C. 3142, and a detention hearing for the Boise defendant may follow within five days. The U.S. Marshals Service holds the Boise defendant before trial, sometimes in a contract county jail; phone 208-392-4411 to check the Idaho City jail first. After a Boise federal sentence, find the Boise County defendant's prison with the Federal Bureau of Prisons inmate locator.

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1. Booking staff in Idaho City check citizenship status under Idaho Code 18-9008 and report a possible Boise noncitizen to Homeland Security within 48 hours.
2. ICE can send the Boise jail a Form I-247A detainer.
3. When the Boise County case is over, Idaho Code 18-9005(4) requires the Boise jail to honor a reasonable detainer.
4. Beyond the Boise County release point, ICE has at most 48 hours, and Saturdays, Sundays and holidays count.
5. The ICE Boise office (1185 S. Vinnell Way, Boise, ID 83709, 208-685-6635) collects the Boise County detainee, in many cases for the Elmore County Detention Center in Mountain Home.
6. Track the Boise detainee on the ICE Online Detainee Locator System with an A-number, or with the Boise detainee's name and birth country.

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1. To appeal a Boise magistrate judgment, the defense has 42 days to file its notice with the Boise County district court (Idaho Criminal Rule 54).
2. Felony appeals from Boise County need a notice within 42 days of judgment (Idaho Appellate Rule 14), and the Supreme Court may hand the Boise appeal to the Court of Appeals.
3. When the Idaho City judge appoints it, the State Appellate Public Defender takes on Boise felony appeals for people who cannot pay.
4. Within 120 days of a Boise County judgment, the defense may ask the Idaho City judge to lower the sentence (Idaho Criminal Rule 35).
5. A post-conviction petition in Boise County is due one year after the Boise appeal ends or the appeal deadline passes (Idaho Code 19-4902).
6. A sentenced state prisoner, whether in the Boise jail or prison, must meet each Boise County deadline; the Idaho City clerk at 208-392-4431 can confirm filing dates.

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