Shoshone County Jail Criminal Court Process

Last updated by Elizabeth Boyle

Search for an Inmate or Active Arrest Warrant in Shoshone County

Criminal Court Process for Shoshone County Idaho

The Criminal Court System in Shoshone County, Idaho

Shoshone County covers the Silver Valley, the historic mining corridor along Interstate 90 that runs through Kellogg, Osburn, Wallace and Mullan, along with a large expanse of national forest to the south and east. Its county seat is Wallace, a small former mining town whose entire downtown is on the National Register of Historic Places, and the county's criminal cases are heard at the courthouse on Bank Street. Shoshone County's lone trial court is its District Court, which sits in Wallace. The court's Magistrate Division takes care of Silver Valley misdemeanors and infractions, arrestees' first court dates, and preliminary hearings on felony charges; a district judge assumes control of a felony after bind-over. Shoshone belongs to Idaho's First Judicial District, which also takes in Benewah, Bonner, Boundary and Kootenai counties.

Offices connected to Shoshone County criminal cases:

  • Shoshone County Courthouse / Clerk of the District Court, 700 Bank Street, Wallace, ID 83873, (208) 752-1266
  • Shoshone County Prosecuting Attorney, 700 Bank Street, Suite 200, Wallace, ID 83873, (208) 752-1106
  • Office of the State Public Defender, Shoshone County Office, (208) 784-6040
  • Shoshone County Jail (Shoshone County Sheriff's Office), 717 Bank Street, Wallace, ID 83873, (208) 556-1114

The jail and sheriff's office are next door to the courthouse on Bank Street. The Shoshone County Jail is an aging facility rated for 48 inmates, and a 2023 inspection found it repeatedly over capacity, after which it lost its certification. Pretrial detainees from Shoshone County are held there. Your citation, summons or bond paperwork lists the court date. Choose the charge level below to follow the process.

Misdemeanor charges in Shoshone County (a first DUI, resisting a Shoshone County officer or petty theft)

Whichever Silver Valley town an offense happens in, a Shoshone County misdemeanor lands before a magistrate at the Wallace courthouse. The elected Shoshone County Prosecuting Attorney serves as legal advisor to law enforcement agencies throughout the county and prosecutes state misdemeanors brought by the sheriff, city police departments such as Kellogg's, and Idaho State Police troopers patrolling I-90.

Citation or custody

Many lower-level offenses end in a summons to Wallace rather than a trip to jail. Those who are arrested are booked into the Shoshone County Jail in Wallace and can be released on bond. Within 48 hours of a warrantless Silver Valley arrest, a judge must decide whether probable cause supports it, and the arrestee goes before the Wallace magistrate promptly to learn the charge and what release requires.

Public defender in Shoshone County

Idaho's Office of the State Public Defender took over trial-level public defense on October 1, 2024, and serves Shoshone County through an office reachable at (208) 784-6040. Shoshone defendants risking jail who have no means to hire counsel request a lawyer through the Wallace courthouse, and a judge rules on the request. Conflict cases are assigned to the SPD's Alternate Counsel Division.

Resolving a Wallace misdemeanor

Negotiated pleas, lesser offenses and outright dismissals resolve most Wallace misdemeanor files. Idaho Code 19-2601 lets a Shoshone magistrate put off entering judgment, so a defendant who successfully serves probation can petition to strike the plea and end the case. A Shoshone defendant demanding a jury gets six local jurors and needs all of them to agree on the verdict, and Idaho's speedy-trial law sets a six-month limit from the not-guilty plea.

Sentencing range for Shoshone misdemeanors

  • Ordinary Shoshone County misdemeanor: up to six months in the Wallace jail and a fine reaching $1,000, with a small number of offenses permitting a year.
  • First DUI in the Silver Valley: up to six months of incarceration, as much as $1,000 in fines, a hard 30-day suspension and then 60 to 150 additional days (restricted driving may be granted), an alcohol evaluation, and interlock on any vehicle driven for the following year unless the court approves an exception.

Shoshone County misdemeanor cases usually close within one to several months.

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Felony charges in Shoshone County (felony DUI, grand theft or burglary)

The Shoshone County Prosecuting Attorney prosecutes all felonies arising in the county. Felony cases start before a magistrate in Wallace and, after probable cause is established, are bound over to a First Judicial District judge for the remainder of the case.

Booking, bail and jail conditions

A Shoshone felony arrestee is booked at the Bank Street jail and learns the bail amount from the Wallace magistrate at the first hearing. The Idaho Constitution allows bail for every offense other than a capital crime with evident proof or a strong presumption of guilt. Because the jail has frequently run above its rated 48-bed capacity, crowding is a recurring issue for people held there while their felony is pending.

From magistrate to district judge

A preliminary hearing is due within 14 days for a defendant in custody and within 21 days for one on release, though the court can extend those deadlines. Bind-over happens when the Wallace magistrate sees enough evidence or a grand jury indicts, and the Shoshone prosecutor answers by filing an information. Arraignment in District Court follows, and the defendant is entitled to a trial inside six months of it.

Defense for those who qualify

Shoshone County felony defendants who cannot afford counsel are represented through the State Public Defender, reachable at (208) 784-6040, with Alternate Counsel stepping in on conflicts. Apply at the courthouse, where a judge decides eligibility.

Sentencing and alternatives

Plea agreements settle most Shoshone felonies. Idaho's unified sentence consists of a fixed term and an indeterminate term, and the Commission of Pardons and Parole decides when to release a prisoner after the fixed term. The Wallace district judge may opt for a rider instead, holding onto jurisdiction while the defendant completes up to 365 days of Department of Correction programming, and then deciding on probation. Shoshone County runs a Felony Drug Court that eligible Silver Valley defendants can enter. Three felony convictions can make a Shoshone defendant a persistent violator, subject to five years to life. Twelve Shoshone County jurors hear felony trials, and any verdict must be unanimous. A felony in Wallace typically takes six to eighteen months.

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Violent felony charges in Shoshone County (murder, armed robbery or aggravated battery)

When a homicide, rape or robbery is charged in Shoshone County, the case follows the standard felony track from the Wallace magistrate to a First Judicial District judge, and the county Prosecuting Attorney handles it. These cases involve extensive investigation, often with help from Idaho State Police and the state forensic lab, and carry the most severe penalties in Idaho law.

Detention before trial

Bail in violent cases is generally high, and Shoshone's court may refuse bail on a capital accusation where guilt is plainly shown or strongly presumed. Silver Valley defendants who stay locked up are housed at the Shoshone County Jail in Wallace; the sheriff's office can be reached at (208) 556-1114.

Lawyers for the defense

Shoshone defendants charged with violent crimes who qualify are defended through the State Public Defender, and conflicts go to the Alternate Counsel Division. A death-penalty notice from the prosecution requires appointment of defense lawyers who meet capital qualifications.

Maximum and minimum sentences

  • Shoshone County first-degree murder: life with no fewer than 10 fixed years, or death if the State filed notice and jurors find an aggravating circumstance.
  • Shoshone County second-degree murder: a term of 10 years to life.
  • Rape charged in Wallace: a sentence of between one year and life.
  • Robbery charged in Wallace: five years at the low end and life at the high end.
  • Firearm or deadly weapon: Idaho Code 19-2520 adds as many as 15 years for certain felonies.

Article I, Section 22 of the Idaho Constitution assures Shoshone County crime victims that they will be informed of hearings, allowed in the courtroom, given an opportunity to speak before sentencing in Wallace, and repaid through restitution.

Expected length

Laboratory testing, expert witnesses and pretrial motions mean a violent felony in Shoshone County typically takes one to three years, and capital cases often take longer.

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Courthouse, case lookup and warrants

Shoshone County's district courthouse stands at 700 Bank Street, Suite 120, Wallace, ID 83873; the clerk's line is 208-752-1266. Find a Wallace hearing date on the Idaho iCourt case search.

For a Shoshone warrant check, phone 208-556-1114 or the court line, 208-752-1266.

↑ Shoshone County court guide: top of page

Where a Shoshone County prisoner may be: Wallace jail, prison or ICE

↑ Shoshone County court guide: top of page

Federal charges from Shoshone County

Federal crimes charged in Shoshone County skip the Wallace courthouse. The case belongs to the U.S. District Court for the District of Idaho, Northern Division, 6450 N. Mineral Dr., Coeur d'Alene (208-665-6850). The federal magistrate for the Shoshone case chooses release terms or detention under 18 U.S.C. 3142, and a detention hearing for the Shoshone defendant may follow within five days. The U.S. Marshals Service holds the Shoshone defendant before trial, sometimes in a contract county jail; call 208-556-1114 to check the Wallace jail first. Once a Shoshone County federal sentence starts, use the Federal Bureau of Prisons inmate locator.

↑ Shoshone County court guide: top of page

ICE detainers in Shoshone County

  1. Booking staff in Wallace check citizenship status under Idaho Code 18-9008 and report a possible Shoshone noncitizen to Homeland Security within 48 hours.
  2. A Form I-247A detainer from ICE asks Shoshone County to hold the person.
  3. When the Shoshone County case is over, Idaho Code 18-9005(4) requires the Shoshone jail to honor a reasonable detainer.
  4. The hold lasts no more than 48 hours, weekends and holidays counted, past the Shoshone release time.
  5. The ICE Spokane office (411 W Cataldo Ave, Spokane, WA 99201, 509-329-5846) collects the Shoshone County detainee, in many cases for the Elmore County Detention Center in Mountain Home.
  6. Track the Shoshone detainee on the ICE Online Detainee Locator System with an A-number, or with the Shoshone detainee's name and birth country.

↑ Shoshone County court guide: top of page

Appeals after a Shoshone County conviction

  1. To appeal a Shoshone magistrate judgment, the defense has 42 days to file its notice with the Shoshone County district court (Idaho Criminal Rule 54).
  2. Felony appeals from Shoshone County need a notice within 42 days of judgment (Idaho Appellate Rule 14), and the Supreme Court may hand the Shoshone appeal to the Court of Appeals.
  3. When the Wallace judge appoints it, the State Appellate Public Defender takes on Shoshone felony appeals for people who cannot pay.
  4. A motion to reduce a Shoshone sentence is due within 120 days after judgment (Idaho Criminal Rule 35).
  5. A post-conviction petition in Shoshone County is due one year after the Shoshone appeal ends or the appeal deadline passes (Idaho Code 19-4902).
  6. A sentenced state prisoner, whether in the Shoshone jail or prison, must meet each Shoshone County deadline; the Wallace clerk at 208-752-1266 can confirm filing dates.

↑ Shoshone County court guide: top of page

This overview describes the usual course of a criminal matter in Shoshone County, Idaho, and is not intended as legal advice. People with pending charges should consult a defense attorney or call the State Public Defender serving Shoshone County at (208) 784-6040.

Criminal Court Process for Shoshone County Idaho

Shoshone 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 Shoshone 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, Shoshone 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 Shoshone 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 Shoshone 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, Shoshone County or a city or town.  The prosecuting attorney for Shoshone 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 Shoshone 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 Shoshone 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 Shoshone 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 Shoshone 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 Shoshone 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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