WHAT IS A "WITHHELD JUDGMENT" IN IDAHO? 

By:  Travis Rice

    A "withheld judgment" is something granted by the Judge at sentencing. It simply means that the Court never Orders the conviction imposed against you. Click here for I.C. 19-2601.Think of it like the judge keeping the Order until you are done with what you need to do. Then if you have done everything, make the motion, then the Judge can withhold the judgment and set it aside (kind of like putting it in a shredder basket). This is advantageous because you can then say you have never been convicted of a crime. So it protects your employment record, schooling record, and potentially some security clearances. 

    Who asks for a withheld judgement? Generally your lawyer or public defender asks the judge for a withheld judgement at sentencing. Sometimes the Judge will actually employ it himself if he feels you are worthy of one. You won't have to ask for one. However, public defenders are busy so if your public defender didn't ask for one at sentencing then you should tap him or her on the shoulder and remind them. Ultimately, the decision whether or not to grant you a withheld judgment would be up to the judge on the case.   

    The judge will sentence you the same. You will have to complete the same things the judge wants you to complete even though you got the withheld judgment. The advantage is that this may not show on your record if you have the withheld judgment. 

    What is a judge supposed to consider when thinking about a withheld judgment? Normally the criminal history is the strongest consideration for the judge. If you have a criminal past its less likely that you will get a withheld judgement. For misdemeanors, there is a rule for judges to follow and the judge must consider the following...

1. The facts and circumstances surrounding the offense which you were charged with. 
2. Whether or not your a first time offender; and 
3. The previous actions and character of the defendant; and
4. Whether the defendant might reasonable expect to be rehabilitated; and 
5. Whether it reasonably appears that the defendant will abide by the terms of the probation, and; 
6.  The interests of society in being protected from possible future criminal conduct form the defendant, and; 
7. The impact a record of a criminal conviction would have upon the defendant's future and/or employment status. 

Idaho Criminal Rule 10(a)

    Can I get more than one? Generally, in Idaho you can only get one withheld judgment in your lifetime. But, there are exceptions to that rule. Depending how a judge interprets that rule it also determines whether or not they will grant a second withheld judgment.  

    If you are granted a withheld judgment at sentencing that doesn't mean it is dismissed? A withheld judgment isn't an automatic remedy. If you are granted a withheld judgment, you need to go back and get the case dismissed. The lawyer must file a written motion to have the case dismissed. Otherwise it will appear on your record. Most people dont take this final step and think its automatic. A withheld judgment is NOT automatic. You must contact an attorney to have the withheld judgment set aside so it can be dismissed on your record.  

    What about DUI's and subsequent offenses? A case where you previously had a withheld judgment can be used against you in a subsequent offense case like a DUI. The State can essentially say there was a conviction but it was set aside.

    I hope this brief introduction to withheld judgments was useful to you. If you need any further assistance feel free to contact us at our website Click here or over the phone at 208-230-9983.