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Bail After An Arrest

Idaho Code § 19-2903 and Idaho Code § 19-2904 — bail as a matter of right before a plea or verdict, or release on recognizance

Bail as a matter of right. A person charged with a crime who is not released on recognizance is entitled to bail as a matter of right before a plea or verdict of guilty, unless the offense is punishable by death and the proof is evident or the presumption great.

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  • Ensuring the defendant appears.
  • Ensuring the integrity of the court process, including the constitutional right to bail.
  • Protecting victims and witnesses.
  • Public safety.
  • Idaho Code § 19-2904

Those are the objectives a court weighs in deciding whether to release a person on recognizance or set bail, and in setting any conditions of release.

  • Idaho Code § 19-2904

After a guilty plea or verdict, on appeal, or on a probation violation, bail is in the court's discretion. A particular bail decision is a question for a licensed Idaho attorney.

Sources for this section (2)
  1. Idaho Code § 19-2903 — Right to bail, limitations
  2. Idaho Code § 19-2904 — Bail, release on recognizance and conditions of release

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.

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