Criminal

Clerk

ROOM 201
P 208-454-7571
F 208-454-6616
8:30am-5pm
Email Criminal Court


There are certain payable misdemeanor offenses that do not require an initial appearance before a Judge.

For Payable Misdemeanor Offenses, a person should report to the Criminal Clerk’s Office; in Room 201, during specified dates on the citation. For example, if a citation directs an individual to appear “one or after the 7th day of January” and “on or before the 18th of January”, you may appear on any regular business day during those specified dates and at any time between the hours of 8:30 a.m. and 5:00 p.m. to enter a plea before the clerk.

Payable Offenses:

If you enter a plea of guilty on Payable Misdemeanor Offenses  you may:

If you enter a plea of not guilty, the case will be set for a pre-trial & court trial or a pre-trial & jury trial before the assigned Magistrate Judge. Clerk Arraignment Flow Chart pdf

Non-Payable Offenses:

If you enter a plea of guilty, you will be given a date to appear before the assigned Magistrate Judge for sentencing.

If you enter a plea of not guilty, the case will be set for a pre-trial & court trial or a pre-trial & jury trial before the assigned Magistrate Judge.  Clerk Arraignment Flow Chart pdf

A misdemeanor is a charge punishable by a fine and/or imprisonment in the county jail.  Misdemeanors are tried by Magistrate Judges in the magistrate division of the district court.  Misdemeanor Flow Chart pdf

Generally, criminal cases are initiated by the filing of a citation or complaint based either on a police investigation or a citizen’s accusation.  A complaint is the document that sets forth a formal charge against the defendant.  The charging document may be signed by the victim or other accuser.  The person signing the complaint must show reason or probable cause to believe that the defendant committed the offense.  Once a complaint has been filed, the court may issue either a warrant for the arrest of the person charged or a summons requiring the person charged to appear before the court at a specified time.  A warrant of arrest authorizes any police officer to take the person named on the warrant into custody in order for that person to be brought before the court to answer the charges in the complaint.

After a defendant has been arrested or summoned to appear on a criminal charge, he or she must appear before the court.  The first appearance is when the defendant is advised of his/her rights and the procedure that will be followed.  If the defendant does not have an attorney at that time, he/she is given the opportunity to obtain one if desired. If the defendant cannot afford to hire an attorney, the court will consider whether to appoint an attorney to represent him/her after determining the defendant’s ability to pay.

A felony is a charge potentially punishable by incarceration in the state penitentiary (Felony Flow Chart pdf).  Generally, criminal cases are initiated by the filing of a complaint that is based either on a police investigation or a citizen’s accusation. A complaint is the document that sets forth a formal charge against the defendant. It is signed by the victim or other accuser, and the person signing the complaint must show reason or probable cause to believe that the defendant committed the offense. Once a complaint has been filed, the court may issue either a warrant for the arrest of the person charged or a summons requiring the person charged to appear before the court at a specified time. A warrant of arrest authorizes any police officer to take the person named on the warrant into custody in order for that person to be brought before the court to answer the charges in the complaint.

After a defendant has been arrested or summoned to appear on a felony charge, he/she must appear before the court. The first appearance is a hearing in which the defendant is advised of his/her rights and the procedure that will be followed. If the defendant does not have an attorney at that time, he/she is given the opportunity to obtain one if desired. If the defendant cannot afford to hire an attorney, the court will consider whether to appoint an attorney to represent the defendant after determining the defendant’s ability to pay. Though often referred to as an arraignment, a first appearance is a separate court event. A defendant charged with a felony may not enter a plea at the first appearance, but must do so at the arraignment. This first appearance always takes place in the magistrate court. In felony cases, the defendant must determine if he/she desires a preliminary hearing. If the defendant requests a preliminary hearing, one is set within the time limits prescribed by law; however, a defendant may waive these time requirements if he/she desires.

A preliminary hearing is held only on felony cases and is conducted before a Magistrate Judge. At this hearing, the prosecuting attorney presents what evidence he/she may have to show that there is probable cause (reason) to believe that the defendant has committed the crime. If the prosecutor convinces the judge with that information, the defendant is “bound over”; that is to say, the case is referred to the district court for further action. If the prosecutor does not make an adequate showing at the preliminary hearing, the Magistrate Judge may:

If a defendant is bound over to the district court on a felony charge, he/she must then appear for arraignment before a District Judge. At the arraignment in district court, the defendant is again advised of his/her rights and the procedures the court will follow from that time forward. It is at this stage of the felony proceeding that the defendant may enter a plea. If the defendant pleads not guilty, the court will set the case for trial.

If the defendant goes to trial and is found not guilty, he/she is released and the previously set bond is exonerated. If the defendant pleads guilty or is found guilty, the next step is to order a Pre-sentence Investigation Report (PSI). This is done in almost all felony cases and in a large number of serious misdemeanor matters.

A pre-sentence investigation report is prepared by an investigator assigned to a case. It details important information about the defendant that will assist the judge in determining an appropriate sentence. A copy of the pre-sentence investigation report is made available to the defendant, the defendant’s attorney, and the prosecutor. By Administrative Court Rule 32, pre-sentence investigation reports are confidential and may not be disclosed to other parties or agencies except by court order. The pre-sentence investigation report contains detailed information about the defendant’s background, social history, and other issues of a private nature to the defendant. Once the court and the parties have had an opportunity to review the pre-sentence investigation report, a sentencing hearing is held at which time the judge pronounces the terms of the defendant’s sentence.

Incarcerated defendants appear in court via video for their first appearance. This is a hearing in which the defendant is advised of his/her rights. If the defendant does not have an attorney at that time, he/she is given an opportunity to obtain one if desired. If the defendant cannot afford to hire an attorney, the court will consider whether to appoint an attorney to represent the defendant after determining the defendant’s ability to pay.

A No Contact Order may only be issued by a judge. It orders the defendant to have no contact with the victim in a criminal case.  The order is issued with a complaint and summons and/or warrant, or at the time of initial arraignment.

No Contact Orders may be modified or terminated at the request of the victim unless the No Contact Order is a provision of defendant’s probation. The victim must appear in person and complete a Request to Modify/Terminate. After the proper forms are completed, the clerk or judge’s secretary will schedule the motion hearing.

No Contact Orders may be:

  • Issued only by a judge in a criminal case
  • Modified or terminated upon the victims request for judge’s approval unless the No Contact Order is a provision of Defendant’s probation

Important Note:  There is a difference between a No Contact Order (listed above) and a Civil Protection Order.  Civil Protection orders are obtained through Civil Proceedings and is as follows:

Civil Protection Orders may be:

  • Issued only by a judge in a civil case
  • Requested by the victim upon approval of requirements (Must be related by blood, marriage, reside or have children together)
  • Modified or terminated upon the victims request for judge’s approval
  • Obtained ONLY at the Canyon County Courthouse

You may apply for a Temporary Restricted Driver’s License after you have been sentenced and suspended by a Canyon County Judge on a Canyon County case. You must complete an Application and provide all documents as listed on the “Temporary Restricted Driver’s License Requirements”. When all documentation has been gathered, you may bring those documents in, along with your application to Room 201. The application must be signed in the presence of a deputy clerk . If this is not possible you may have the application notarized and brought to the clerks office along with all necessary documentation. There is no fee for this process.

After this has been completed, the clerk will file the application and route to the appropriate judge for review. A decision will be made within 7-10 working days. If you do not receive notice by mail within 2 weeks, please contact the clerk.

Available Forms:

Email Traffic & Finance


Traffic Infraction Citations:
  • Accepting not-guilty pleas on infractions
  • Scheduling court date on not-guilty infractions
  • Collecting fixed amounts on traffic infractions
Cashier:
  • Collects money for receipts generated in surrounding offices
  • Court fines and fees
  • Court ordered restitution
  • Payment Arrangements
Accepted methods of payment (In Office):
  • Cash
  • Check (Except for customers who have previously written an insufficient funds check – there is a $20.00 fee per insufficient funds check)
  • Money Order
  • Visa or Mastercard ($3.00 fee – per transaction)
  • NO CHECKS ACCEPTED FOR CIVIL FILING FEES
Pay Online Now:
Pay via Cite Pay USA external (888-407-0931)

For court fines that are past due and have been turned over to the collection agency, please contact:
  • Collection Bureau Inc – (208) 463-4600

Tax Intercept Information:
If you have been notified that the Idaho State Tax Commission, in compliance with Idaho Code Section 1-1624, has withheld your Idaho State Income Tax refund or a portion of the refund, and have a question, please contact the Court’s Finance Department at (208)454-7567.

 

If you have questions regarding the status of your driving privileges, reinstatement fees or defensive driving classes, please contact:
Idaho Department of Transportation external
3311 W. State Street
P.O. Box 7129
Boise, ID 83707-1129
(208) 334-8000

Proof of Insurance Email
*The above email address is ONLY for clients to email proof of insurance.  All other emails will not be responded to.


If you receive an infraction citation for No Proof of Insurance (I.C. 49-1232 external) (I.C. 49-1229 external) and it is your first violation, you must provide valid proof of insurance to the deputy clerk, prior to the conviction date.

 

Please make sure your coverage is an original certificate or notarized affidavit from your agent. The certificate or affidavit must specify company name and include the following information:

 

  • Proof that insurance was in force at the time you were cited for the violation
  • The make and model of vehicle matches on the policy and your citation
  • Whether the driver is covered driving non-owned vehicles
It is your responsibility to follow up with the deputy clerk within a few days of providing coverage. If your citation is not dismissed or you fail to comply, your driver’s license will be suspended. Once suspended, you will need to comply with Department of Transportation’s Reinstatement Requirements. Your citation will not be dismissed once conviction has been entered.

 

 

Address

1115 Albany St
Caldwell, ID 83605
ROOM 201

Email

Phone / Fax

P 208-454-7571
F 208-454-7525

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Hours

Weekdays 8:30am – 5pm
(excluding holidays)