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Idaho · Through 2026 Legislative Session

Idaho Code § 19-2903: RIGHT TO BAIL — limitations.

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Where this section sits in the code
  1. TITLE 19 CRIMINAL PROCEDURE
  2. CHAPTER 29 IDAHO BAIL ACT

Any person charged with a crime who is not released on his own recognizance is entitled to bail, as a matter of right, before a plea or verdict of guilty, except when the offense charged is punishable by death and the proof is evident or the presumption is great. The setting of bail on a bench warrant following a failure by a defendant to appear before the court as ordered and without sufficient excuse shall be determined under the provisions of section 19-2915, Idaho Code. In the discretion of the court, bail may be allowed in the following cases:

(1) After the defendant is found guilty or pleads guilty and before sentencing;

(2) While an appeal is pending from a judgment of conviction, an order withholding judgment or an order imposing sentence, except that a court shall not allow bail when the defendant has been sentenced to death or life imprisonment;

(3) Upon a charge of a violation of the terms of probation; and

(4) Upon a finding of a violation of the conditions of release pursuant to section 19-2919, Idaho Code.

Collected 2026-09-04T11:17:17Z. Source file · JSON

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