(1) If without sufficient excuse the defendant fails to appear before the court as ordered, the court shall immediately:
(a)  Enter the defendant’s failure to appear in the minutes;
(b)  Order forfeiture of the bail; and
(c)  Issue a bench warrant for the arrest of the defendant.
(2)  The court, in its discretion, may:
(a)  Set the amount of bail in the bench warrant;
(b)  Set the amount of bail in the bench warrant but require that the defendant appear before the court where the charge or charges are pending before being released on bail; or
(c)  Set no bail on the bench warrant and require that the defendant not be released until appearing before the court where the charges are pending, at which time the court shall set bail or release the defendant on the defendant’s own recognizance, and shall set any conditions of release.
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Terms Used In Idaho Code 19-2915

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail: means a monetary amount required by the court to release the defendant from custody and to ensure his appearance in court as ordered. See Idaho Code 19-2905
  • Bench warrant: means a warrant issued by the court because the defendant failed to appear as ordered, failed to comply with a condition of release or the sureties are no longer sufficient. See Idaho Code 19-2905
  • Conditions of release: means any reasonable restrictions, conditions or prohibitions placed upon the defendant’s activities, movements, associations or residences by the court, excluding the court order requiring the defendant to appear in court. See Idaho Code 19-2905
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Forfeiture: means an order of the court reciting that the defendant failed to appear as ordered and stating that bail is forfeited. See Idaho Code 19-2905
  • Person: means a natural person, legal corporation, limited liability corporation, partnership, sole proprietorship or any other business entity recognized by the state of Idaho. See Idaho Code 19-2905
(3)  The clerk shall provide the person posting bail written notice of the order of forfeiture by mailing notice within five (5) business days of the order of forfeiture to the last known address of the person posting bail or that person’s designated agent.
(4)  If the court quashes the bench warrant within one hundred eighty (180) days after the order of forfeiture, the forfeiture of bail shall be set aside and the court shall notify the person posting bail of the setting aside of the forfeiture within five (5) business days of the date of the order quashing the bench warrant and reinstating the bail.