How to plead "not guilty" in Idaho

By: Travis Rice J.D. 

Traffic Tickets

    In order to fight a traffic ticket you must go to the courthouse between the time mentioned on the complaint or citation and plead not guilty. At that point you will be given a court date to appear at. This court date is called a pretrial conference. At the pretrial conference you can negotiate with the prosecutor and if the negotiations are unfruitful you can have the case set for a court trial. There is no right to a jury trial on traffic infractions in Idaho. This process can easily be done by you as the defendant in the case, but...if the stakes are high you may want to consult with a lawyer to give yourself the best possible chances for a reduction or dismissal in court. 

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Misdemeanor Cases

    Misdemeanor cases are classified in Idaho Code 18-111 which states that infractions are civil matters which carry a penalty which does not exceed $300, and all other crimes are misdemeanors. Some examples of misdemeanors are, reckless driving, driving under the influence, petty theft, domestic violence, assaults, battery's, ect. These are crimes an experienced lawyer can help you with. 

    To plead not guilty you want to go to the courthouse and present the summons or complaint to the court clerks and plead not guilty. You will then be assigned a pretrial conference date. I would highly recommend hiring a lawyer for a misdemeanor. Some misdemeanors may have a significant impact on your life and future prospects. If you hire an attorney and they put themselves into your case, the case by default will likely be set for a pretrial conference and a not guilty plea is entered.  

Felony Cases

    In a felony case you can be charged by complaint or indictment. I would always recommend a lawyer in a felony case. Felony cases carry significant penalties and a lawyer will help you navigate the process and give you the best chance to dismiss the felony or reduce the charges. In felony cases there is either a Grand Jury which finds probable cause or a preliminary hearing that finds probable cause before a plea is entered. If there is probable cause to move forward on the felony's you will go to an arraignment hearing. At the arraignment hearing you will have the option of pleading guilty or not guilty on the charges. 

What should I do? 

    The benefit of pleading not guilty is that you are able to get the case dismissed, reduced, or the penalties minimized. I recommend that people see the evidence the state has against them before making a plea to any criminal charge. In my opinion it is critical to consult with an attorney before making the decision to plead guilty or not. To find an experienced attorney please visit my website below.     No lawyer can tell whether to plead guilty or not guilty. One public defender once told me "its not my choice, I am not going to be the ones sitting in jail doing the time, its you....so its your decision." He was right. It is your choice whether or not to plead guilty or not. Lawyers are only able to offer opinions. No one should coerce, force, or compel you to take a plea agreement or to plead guilty. If you are feeling pressured to take a plea deal or to change your plea and feel its improper you should tell your lawyer. If it is a lawyer pressuring you, you should talk with a different lawyer or tell the judge.  

Website for Travis Rice Attorney at Law, PLLC