Custer County Jail Criminal Court Process

Last updated by Mark Miclette

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Criminal Court Process for Custer County Idaho

The Criminal Court Process in Custer County, Idaho (Challis)

Custer County takes in some of Idaho's most dramatic backcountry: the Sawtooth and White Cloud peaks around Stanley, the upper Salmon River canyon, and Borah Peak, the state's highest summit, rising above the Lost River valley near Mackay. Challis, a ranching and mining town on the Salmon River, serves as county seat, and it is where criminal cases from Stanley, Clayton, Mackay and everywhere in between are heard. The legal framework is the one Idaho uses in all 44 counties. A single District Court serves Custer County; the court's Magistrate Division takes responsibility for misdemeanor and infraction cases, a defendant's earliest court appearance and the probable cause hearing that screens felony complaints; felonies that pass that screen go to a district judge. For court administration, Custer is placed in Idaho's Seventh Judicial District, which spans eastern Idaho from Salmon to Idaho Falls and includes Lemhi, Butte, Clark, Fremont, Madison, Teton, Jefferson, Bonneville and Bingham as well.

Contacts for a criminal case in Custer County:

  • Custer County Courthouse (District Court, Magistrate Division and Clerk of the District Court), 801 Main Street, Challis, ID 83226, (208) 879-2359
  • Custer County Prosecuting Attorney, 521 E. Main Ave., Challis, ID 83226 (mail: P.O. Box 630), (208) 879-4383
  • Custer County Jail, operated by the Custer County Sheriff's Office, 130 S. 9th Street, Challis, ID 83226, (208) 879-2232
  • Office of the State Public Defender (statewide office; Custer County uses contract defenders), 322 E. Front Street, Suite 590, Boise, ID 83702, (208) 605-4575

Pretrial detainees from across Custer County end up at the Custer County Jail on South 9th Street in Challis, a small sheriff-run facility rated for about eight inmates. Since bed space is so limited, the sheriff's office in Challis can confirm where any individual is currently held. An arrest in Stanley or Mackay can mean a drive of an hour or more to Challis for booking and hearings. Choose a charge type below.

Misdemeanor charges in Custer County (resisting an officer, vandalism or petty theft)

River rafters, hunters, anglers and summer visitors to the Sawtooth country swell Custer County's population every year, and the Challis misdemeanor calendar reflects it, with residents and out-of-towners alike answering charges from stops on Highways 75 and 93. A Custer County magistrate hears every one of these cases in the Main Street courthouse. The State is represented by the elected Custer County Prosecuting Attorney no matter which agency, whether the sheriff, a city officer or the Idaho State Police, wrote the citation.

Booking and initial appearance

Custer County deputies who jail someone without a warrant set off a 48-hour deadline for a judge to confirm probable cause. The accused must then be taken promptly to a Challis magistrate, who reads the charge aloud, tells the defendant that appointed counsel can be requested, and decides on release. Idaho's constitution keeps bail available in every case except a capital charge supported by strong proof, so very few Custer County misdemeanor defendants stay behind bars until trial.

Getting appointed counsel in Challis

Responsibility for trial-level indigent defense passed to a statewide agency, Idaho's State Public Defender, at the start of October 2024. No defender office is staffed in Challis, and contract lawyers instead handle Custer County appointments. A defendant who wants one asks at the courthouse for the financial application, and a Custer County magistrate rules on eligibility before naming a lawyer. Program questions can go to the Boise headquarters, (208) 605-4575.

Pleas, trials and dismissals

A not-guilty plea entered in Challis starts a statutory six-month period in which the Custer County case must be tried. Six local citizens make up a Challis misdemeanor jury, and any verdict in Challis needs every juror's vote. Plea bargaining settles most cases. A Custer County magistrate also has the option of a withheld judgment; a defendant who satisfies the probation terms can ask the Challis court to strike the plea, leaving no conviction on the Custer County record.

Misdemeanor sentencing in Custer County

  • Standard cap in Challis: a stay in the Custer County Jail capped at six months, with fines limited to $1,000, except for offenses where the Idaho Code lifts the ceiling (some reach one year).
  • First DUI arrest in Custer County: a possible half-year in the Challis jail, a Custer County fine that may reach $1,000, thirty days without any driving privileges, then a further two to five months of suspension during which limited driving may be authorized.
  • What follows a Custer County DUI: a mandatory substance evaluation and, for most Custer County drivers, a breath-alcohol interlock installed for twelve months after driving privileges return.

A Custer County misdemeanor usually reaches its end in four weeks to a handful of months.

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Felony charges in Custer County (felony DUI, burglary or aggravated assault)

The Custer County Prosecuting Attorney's office on East Main Avenue charges every felony in the county, starting each one with a complaint before a Challis magistrate. A case that survives the probable cause stage is reassigned to one of the Seventh District's judges, who makes the trip to the Custer County Courthouse for felony settings.

Probable cause review

Custer County felony defendants are entitled to a preliminary hearing in front of a magistrate. Idaho sets the outer limit at 14 days for a person locked up in the Challis jail and 21 days for one free on bond, and Challis judges may grant extensions for good cause. Custer County's prosecutor may instead convene grand jurors in Challis and bypass the hearing. After bind-over in Challis, the State swaps the complaint for an "information," and a district judge holds the arraignment; the six-month felony trial clock in Idaho runs from that day.

Public defense for felonies

In Challis, felony defendants without the money to hire counsel ask the Custer County clerk for an application, and the judge, if satisfied that they qualify, appoints a contract attorney funded by the State Public Defender. Where a conflict prevents that attorney from serving, the Custer County file goes to Idaho's Alternate Counsel Division.

Outcomes after conviction or plea

Idaho sentences felons under a unified scheme. The Custer County judge fixes a minimum term that must be served in full and adds an indeterminate term, and release during that second portion is up to the Idaho Commission of Pardons and Parole. Challis judges often choose a suspended sentence with probation instead, or a retained-jurisdiction "rider," in which the Custer County defendant spends as long as a year in state correctional programs before coming back to Challis for a probation ruling. Custer and Butte counties have run a combined felony drug court offering treatment and close supervision to eligible defendants. Custer County defendants with two earlier felonies face a persistent-violator range, five years up to life, upon a third. A Challis felony jury seats a dozen people, all of whom must agree; Custer County felony cases tend to conclude in six to 18 months.

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Violent felony charges in Custer County (rape, murder or kidnapping)

Homicide, rape and robbery charges filed in Custer County move through the Challis District Court on the standard felony track, from complaint to bind-over to arraignment. What sets them apart is the gravity of the possible sentences, the chance of a death-penalty filing, and the extensive investigation that the sheriff's office and Idaho State Police usually put into them.

Held before trial

Outright denial of bail is limited in Idaho to capital charges where the State's proof is strong, which in Custer County would chiefly mean first-degree murder. Every other violent felony is bailable, but Challis judges often set the amount high. A defendant unable to post bail remains in the Custer County Sheriff's custody, either at the jail at 130 S. 9th Street or another facility the sheriff chooses.

Lawyers for the accused

Anyone accused of a violent crime in Custer County who passes the income screening receives counsel from Idaho's public defense agency, (208) 605-4575; if a conflict arises, Idaho's conflict unit, the Alternate Counsel Division, is assigned.

Statutory penalties

  • First-degree murder charged in Challis: life imprisonment with ten fixed years or more, or death, which requires prior notice from the State and a Custer County jury finding of an aggravating circumstance.
  • Second-degree murder: ten years at least, and life at most.
  • Rape: from one year in prison to imprisonment for life.
  • Robbery: five years as the floor, life as the ceiling.
  • Firearm or deadly weapon: per Idaho Code 19-2520, a Challis judge may stretch the sentence for a qualifying felony by 15 years or less.

Victims' rights and duration

Article I, Section 22 of Idaho's constitution entitles the victim of a Custer County crime to be told of Custer County hearings, to attend each one, to speak to the Challis court at sentencing, and to be repaid through restitution. These cases ordinarily need between one and three years in Challis, with capital prosecutions running beyond that.

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Courthouse, case lookup and warrants

Custer County's district courthouse sits at 801 E. Main Avenue, Challis, ID 83226; the clerk's line is 208-879-2359. Find a Challis hearing date on the Idaho iCourt case search.

For a Custer warrant check, phone 208-879-2232 or the court line, 208-879-2359.

↑ Custer County court guide: top of page

Where a Custer County prisoner may be: Challis jail, prison or ICE

↑ Custer County court guide: top of page

Federal charges from Custer County

A federal case from Custer County leaves the Custer courthouse. The case belongs to the U.S. District Court for the District of Idaho, Eastern Division, 801 E. Sherman St., Pocatello (208-478-4123). The federal magistrate for the Custer case decides release or detention under 18 U.S.C. 3142, and a detention hearing for the Custer defendant may follow within five days. The U.S. Marshals Service holds the Custer defendant before trial, sometimes in a contract county jail; call 208-879-2232 to check the Challis jail first. Once a Custer County federal sentence starts, use the Federal Bureau of Prisons inmate locator.

↑ Custer County court guide: top of page

ICE detainers in Custer County

  1. Booking staff in Challis check citizenship status under Idaho Code 18-9008 and report a possible Custer noncitizen to Homeland Security within 48 hours.
  2. A Form I-247A detainer from ICE asks Custer County to hold the person.
  3. When the Custer County case is over, Idaho Code 18-9005(4) requires the Custer jail to honor a reasonable detainer.
  4. Beyond the Custer County release point, ICE has at most 48 hours, and Saturdays, Sundays and holidays count.
  5. The ICE Twin Falls office (212 Deere Street, Twin Falls, ID 83301, 208-737-3820) collects the Custer County detainee, often for the Elmore County Detention Center in Mountain Home.
  6. Track the Custer detainee on the ICE Online Detainee Locator System with an A-number, or with the Custer detainee's name and birth country.

↑ Custer County court guide: top of page

Appeals after a Custer County conviction

  1. To appeal a Custer magistrate judgment, the defense has 42 days to file its notice with the Custer County district court (Idaho Criminal Rule 54).
  2. Felony appeals from Custer County need a notice within 42 days of judgment (Idaho Appellate Rule 14), and the Supreme Court may hand the Custer appeal to the Court of Appeals.
  3. When the Challis judge appoints it, the State Appellate Public Defender takes on Custer felony appeals for detainees who cannot pay.
  4. Within 120 days of a Custer County judgment, the defense may ask the Challis judge to lower the sentence (Idaho Criminal Rule 35).
  5. A post-conviction petition in Custer County is due one year after the Custer appeal ends or the appeal deadline passes (Idaho Code 19-4902).
  6. A sentenced state prisoner, if in the Custer jail or prison, must meet each Custer County deadline; the Challis clerk at 208-879-2359 can confirm filing dates.

↑ Custer County court guide: top of page

The material on this page outlines the usual progress of a criminal accusation through the Challis courthouse and the Custer County justice system, offered as background and not as legal advice. Anyone charged with a crime in Custer County should get advice from a defense lawyer or contact Idaho's state public defense office at (208) 605-4575.

Criminal Court Process for Custer County Idaho

Custer County Idaho Criminal Court System - Definitions

It might be helpful to define some words that will be used on this site, when explaining the Idaho Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.

If you scroll down below this content, and the listing of the courts in Custer County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.

Arrest is when Idaho, Custer County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed. 

In less serious crimes, the person may only be given a citation ordering that they appear in magistrate or Custer County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.

Booking is when the Custer County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.

The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of Idaho, Custer County or a city or town.  The prosecuting attorney for Custer County or the district is called the Deputy Prosecutor or Deputy County Prosecutor. A U.S. Attorney prosecutes federal cases.  

Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case.  For example, if you run a red light in your town or city, a magistrate court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case.  If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the magistrate court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime.  Jurisdiction varies from state to state and sometimes county to county.

Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.

Bail is money paid that is held by the Custer County or magistrate court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Custer County Jail until their trial.  

Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.

A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. A judge or court officer in the {county extended} or magistrate court sets bail. Judges in Idaho rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.

It is always important to have family involvement after being arrested.  Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.  

(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information.  A bondsman will not call asking for money without involvement of the arrested.)

A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court.  

Cash percentage in lieu of bonds.  If the bond order permits, the defendant pays a percentage of the amount, (sometimes up to 100%) to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.

Surety Bond is when defendant pays a percentage of the bond amount (usually 10–15%) to a professional bondsman or bail bond company licensed to do business in Idaho, {county extended}. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than Idaho.

A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted).  Usually, the property must be in Custer County, and it must be worth at least the amount of the bond.

A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.

If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings.

Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.  In Idaho, individual counties determine how the indigent representation will be managed.  Some counties have public defenders, and some counties assign or contract for indigent services.  Your court will be able to provide you with information on how to apply for indigent legal representation.

For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. This website provides contact information for pro bono services in Idaho.

Many courts will provide forms and help for people who want to represent themselves, called pro se.  Here is a link for legal self-help centers in Idaho.

A district court can refer to the first level of the legal system, or a minor court. District courts are in the community.  A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in Idaho, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.

Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered.  This information does not include conversations between the arrested and their attorney.

Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings.  A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment.  The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty.  There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.  

Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial.  If a jury is selected, it is called a jury trial.  If the defendant is found not guilty, they are released.  If they are found to be guilty, the next step is sentencing.

Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.

Appeal is asking for a higher court to hear the case again at an appellate court.  If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.

Idaho Felony vs Misdemeanor

In Idaho, misdemeanors are not divided into classes or types and are punishable by imprisonment in a county jail for up to 6 months or up to $1000 or both.

A felony crime is a more serious crime than a misdemeanor and is punished by prison time in a state prison. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.  In Idaho, felonies are divided into felony of the first, second and third degree. 

The Custer County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.

A warrant is used to get someone to appear in court or to law enforcement.  There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime. 

A criminal summons is issued to request that a person appear in court at a particular time and date.  It does not involve an arrest.  A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.

A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.

Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Custer County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest.  It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket. 

Idaho Criminal Court System - How it Works

In Idaho, the court system is made up of magistrate courts, district courts, courts of appeal and one Supreme Court. Idaho does not have municipal courts. It is important that you get the address of the court that you are to appear at because going to the wrong courthouse is not always an accepted excuse for not showing to court.

Magistrate courts hear all misdemeanors and juvenile cases (up to 18 years), including traffic arrests.  Preliminary felony hearings can be conducted before being transferred for prosecution to the district court. Each county in Idaho has at least one magistrate judge who does not necessarily need to be an attorney.  

District courts prosecute criminal felony cases from beginning to end. The district court in Idaho can also hear appeals from the magistrate court.

Juvenile court is conducted through the magistrate court.  

Courts of appeal conduct review of cases on appeal from magistrate and district courts.

The Idaho Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Idaho State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.  

The criminal cases are usually referred from the district courts of appeal.

Specialty courts or treatment courts are being adopted in many states to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. Idaho offers the following:  Felony Drug court, Misdemeanor/DUI Drug court, DUI court, Child Protection Drug court, Juvenile Drug court, Mental Health court, Juvenile Mental Health court, Veterans Treatment court and Domestic Violence Drug court.  

The following link will provide information and locations of the Idaho Treatment Courts.

FEDERAL COURT

Federal Court deals with crimes involving violations of United States laws.  Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.  

Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime. 

There are some differences in the Federal court system as compared to the Idaho state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).  

Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.

There is one U.S. Federal Judicial District in Idaho.

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