Misdemeanors are lesser crimes with maximum penalties of no more than 1 year in jail, and usually $1,000 fine (some cases might require a higher fine). You cannot go to prison for a misdemeanor conviction. You can only do local county jail time.
Felonies, however, bring with them the possibility of going to prison. In some cases, the time in prison may be up to life. Fines for felonies may be significantly higher. Felony convictions may also impact an individual’s constitutional rights (carry firearms, vote, hold public office, serve on a jury, etc.). Below, are the basics of misdemeanor sentencing and penalties in the State of Idaho. If you are facing any misdemeanor charges contact our criminal defense attorneys.
One of the options a judge has at sentencing is to order community service (CS) or Sherriff’s Inmate Labor Duty (SILD) in lieu of jail time. Typically, they will say they are ordering a certain number of hours of Community Service or SILD “in lieu of jail” (e.g. 24 hours of CS in lieu of 10 days jail). They will also order a deadline by which that CS or SILD needs to be completed.
That means that if you do not complete the required CS by the deadline, the judge will send you to jail for the 10 days. CS is typically run through the County Probation Office, and the SILD is run through the Sherriff’s Office. You might have seen individuals completing SILD by doing highway pickup. If you look closely, the van or the bus that is parked nearby is typically marked on the side with “Sherriff’s Inmate Labor Detail or Duty.”
Although the maximum fine for most misdemeanors is $1,000, the Judge makes the decision on how much you pay, and judges are very different in how they punish with fines. Most judges go easy on fines as they understand that a lot of the people they deal with have a hard time making ends meet, but every case is different, every judge is different, and every person’s circumstance is different.
We often see fines ordered between $300-$600; however, in some cases the judge will waive the fine, which means, no fines at all. Additionally, courts are required to order court costs. Court Costs cannot be waived. The judge is required to give them. Court Costs are determined by the charge. It is typically under $200.
When a judge sentences you or punishes you for a misdemeanor crime in the State of Idaho, they can put you on a form of probation for up to two years per charge, but may require less (i.e. 12 months, 5 months, 90 days, etc.). The different types of probation are Supervised Probation and Unsupervised Probation. When you are placed on Probation, the judge sets rules or conditions of probation that you are required to follow.
If you violate the terms of probation, then the judge can place you in jail up to the period of jail time he suspended when he originally sentenced you. For example, at sentencing on a DUI, you were placed on Unsupervised Probation for 180 days. You break a rule of probation and you are found in violation of probation by the court. At that point, the judge can put you in jail for 180 days.
Supervised Probation: When a judge sentences you to probation he is assigning the local county’s probation office to your case. There will be a probation officer (PO) in that office that will keep track of you for the duration of your time on probation. The PO will ensure that you are keeping the rules or conditions of probation.
If the judge orders, they will be able to drug and alcohol test you, assign you to get drug and alcohol, or other types of evaluations, require you to attend treatment, require you to meet with them in their office, and the list goes on. POs, if allowed by the court, can also come to your home and search it for drugs or other probation violations. Essentially, the PO is in charge of making sure you’re following the rules.
Unsupervised Probation: If the judge puts you on unsupervised probation, they are NOT assigning a probation officer. They make rules or conditions, but they don’t have someone over your shoulder making sure you are compliant. You are simply a name in the computer, and if the prosecutor’s office or the court finds out you’re in violation (e.g. if you catch a new charge), the court can find you in violation of probation and order the suspended jail time in your case.
Sometimes the court might not assign a PO, but they will set Review Hearings. They may ask you to complete certain tasks as conditions of unsupervised probation and then set a hearing as a deadline to see if you’ve complied with what they asked or ordered.
When someone is claimed to have violated probation, the prosecutor will file a Petition for Probation Violation. That petition for probation violation will typically state what rule or condition the individual is alleged to have broken. You can either receive a summons (paperwork requiring you to appear in court), or you can be arrested and brought in front of the judge. You are not entitled to bond on a probation violation and may be required to sit in jail until your case is resolved or you have an Evidentiary Hearing for your case.
Your rights are significantly limited on a probation violation. You have certain rights to due process, but they are significantly limited compared to the rights you originally had on the charge that put you on probation. With the original charge, you had a right to a Jury Trial, and the right to have the State prove “Beyond a Reasonable Doubt,” that you were guilty of the original charge. On a probation violation, however, the State is still required to prove its case, but the amount of proof required is only a “Preponderance of Evidence (%51)”, and there is no right to Jury Trial. The judge determines whether there is a violation.
Additionally, many of the Rules of Evidence that can help level the playing field on the original charge do not apply at an Evidentiary Hearing for a probation violation. For example, a prosecutor is allowed to use hearsay evidence to prove a probation violation, which is not allowed at a jury trial unless it meets an exception. Often times, probation violations are proven when a PO comes into the courtroom and testifies to what the violation is. If there is enough, evidence the judge will find a violation. You can either be sentenced for the probation violation that day, or it can be set out for sentencing.
The amount of time your license can be suspended will depend on what law you violated. If you plead guilty or are found guilty to a 1st time DUI, your license can be suspended between 90-180 days. If you plead guilty or are found guilty of a 2nd time DUI, your license will be suspended for 1 year. However, lesser crimes require lesser suspension. For example, suspensions for reckless driving start at 30 days and get longer if it is a second or third offense. Judges cannot suspend your license on any misdemeanor case, they are only allowed to suspend your license if the specific law that you violated allows it.
The court suspension is different from the Administrative License Suspension you receive on any DUI. If you fail a breath test, blow above a .08, your license will be suspended for 90 days. If you refuse a breath test the license suspension will last a year. That is a different suspension from the suspension the court allows.
If you are caught driving while your license is suspended it can be the cause for a new criminal charge and/or probation violation.
