(1) Upon its own motion or upon a verified petition alleging that the defendant willfully violated a condition of release, the court may issue a bench warrant directing that the defendant be arrested and brought before the court for a bail revocation hearing, or the court may order the defendant to appear before the court at a time certain. At the bail revocation hearing, if the court finds that the defendant willfully violated a condition of release and the defendant is present before the court, the court may revoke the bail and remand the defendant to the custody of the sheriff. At any time thereafter, the court may reset bail in the same or a new amount and impose conditions of release. If the defendant fails to appear at the bail revocation hearing, the court shall issue a bench warrant for the defendant’s arrest.
(2)  In its order revoking bail, the court shall recite generally the facts upon which revocation of bail is founded and order that the defendant be recommitted to the custody of the sheriff of the county where the action is pending to be detained until legally released. The court may reset bail in the same or a new amount and impose any appropriate conditions of release.
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Terms Used In Idaho Code 19-2919

  • 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.
  • Juror: A person who is on the jury.
  • Readmittance to bail: means an order of the court allowing the defendant to post new bail following an order of revocation. See Idaho Code 19-2905
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Revocation of bail: means an order by the court revoking the defendant’s release on bail. See Idaho Code 19-2905
(3)  The court may deny readmittance to bail if the court finds that the defendant has intimidated or harassed a victim, potential witness, juror or judicial officer or has committed one (1) or more violations of the conditions of release and such violation or violations constituted a threat to the integrity of the judicial system.