Idaho § 36-1302 - Arrests - Jurisdiction - Bail - Trial
Full text of Idaho Idaho Statutes § 36-1302 — Arrests - Jurisdiction - Bail - Trial, with citation guidance and answers to common questions.
§ 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.
[36-1302, added 1976, ch. 95, sec. 2, p. 360; am. 1992, ch. 81, sec. 33, p. 246.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 36-1302
What does Idaho Statutes § 36-1302 cover?
Section 36-1302 ("Arrests - Jurisdiction - Bail - Trial") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 36-1302?
A common citation format is "Idaho Statutes § 36-1302" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 36-1302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.