Terms Used In Idaho Code > Title 19 > Chapter 29 - Idaho Bail Act

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Bail agent: means a producer licensed by the state of Idaho in the line of surety insurance who is authorized by an insurer to execute or countersign undertakings of bail in connection with judicial criminal proceedings. See Idaho Code 19-2905
• Bail bond: means a financial guarantee, posted by a bail agent and underwritten by a surety insurance company, that the defendant will appear as ordered. See Idaho Code 19-2905
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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
• Cash deposit: means payment in the form of United States currency, money order, certified check, cashier’s check or such other form of payment as provided by the rules of the supreme court. See Idaho Code 19-2905
• Certificate of surrender: means a certificate in a form approved by the supreme court that is completed by a surety insurance company or its bail agent, or a person who has posted a property bond or cash deposit, and provided to the sheriff of the county where the action is pending for signature. 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
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exoneration: means a court order directing the full or partial release and discharge from liability of the surety underwriting a bail bond or the person posting a cash deposit or a property bond. See Idaho Code 19-2905
• 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
• Juror: A person who is on the jury.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes both real and personal property. See Idaho Code 73-114
• Property bond: means a financial guarantee approved by the court, secured by property, real or personal, that the defendant will appear in court as ordered. See Idaho Code 19-2905
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reinstatement of bail: means an order of the court allowing the defendant to be released on the same bail previously posted that has been ordered forfeited. See Idaho Code 19-2905
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocation of bail: means an order by the court revoking the defendant’s release on bail. See Idaho Code 19-2905
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
• Surety insurance company: means an admitted insurer authorized in the line of surety pursuant to title 41, Idaho Code. See Idaho Code 19-2905
• Surrender: means the voluntary surrender or delivery of the defendant into the custody of the sheriff of the county where the action is pending. See Idaho Code 19-2905
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.