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State Statutes - Idaho - Title 19 - Chapter 39 - 19-3901
Idaho Statutes
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19-3901 - COMPLAINT OR CITATION
All proceedings and actions before the
magistrates division of the district court for a public offense of which such
court has jurisdiction, must be commenced by complaint setting forth the
offense charged, with such particulars of time, place, person and property as
to enable the defendant to understand distinctly the character of the offense
complained of, and to answer the complaint. A complaint for a misdemeanor must
be sworn to before a magistrate or judge. A complaint for an infraction may be
an unsworn complaint signed by a law enforcement officer. Provided, however,
as to any misdemeanor or infraction triable by a magistrate, a law enforcement
officer may, in lieu of making a written complaint, issue to the defendant a
uniform citation containing a complaint and a summons to appear in a form and
in the manner prescribed by rule of the supreme court. The complaint in the
uniform citation shall contain a certification by the law enforcement officer
to the effect that he certifies that he has reasonable grounds to believe, and
does believe, that the person cited committed the offense contrary to law. The
citation shall be served upon the defendant by obtaining his written promise
to appear in court at a time certain or by physically delivering the citation
to the defendant. The citation shall be processed in the courts as prescribed
by rule of the supreme court. If the defendant fails to appear on a
misdemeanor citation at the time indicated in the summons, the defendant may
be prosecuted for the misdemeanor offense of failure to appear under section
19-3901A, Idaho Code.
 
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