Idaho § 49-1412 - Release of defendant when magistrate not available
Full text of Idaho Idaho Statutes § 49-1412 — Release of defendant when magistrate not available, with citation guidance and answers to common questions.
§ 49-1412. Release of defendant when magistrate not available
Whenever any person is taken into custody by an officer for the purpose of taking him before a magistrate as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in subsections (1)(a) through (d) of section 49-1405 , Idaho Code, and no magistrate is available at the time of arrest, and there is no bail schedule established by any magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, the person shall be released from custody upon the issuance to him of a written traffic citation and his signing a promise to appear.
[49-1412, added 1988, ch. 265, sec. 348, p. 748.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 49-1412
What does Idaho Statutes § 49-1412 cover?
Section 49-1412 ("Release of defendant when magistrate not available") 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 § 49-1412?
A common citation format is "Idaho Statutes § 49-1412" (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 § 49-1412 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.