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In Idaho, a withheld judgment means that no judgment of conviction is entered; if the defendant successfully completes the probationary period, complying with the conditions ordered by the judge, the case may be dismissed.
Here is the rule on withheld judgments in Idaho: http://www.isc.idaho.gov/rules/misd10.rul
This link provides that sex offenders in Idaho can receive a withheld judgment: http://www.isc.idaho.gov/mguide/criminal_proceeding.html
If the person is convicted and a judgment is entered, he/she cannot get a suspended or reduced sentence. Idaho Code Section 19-2604 (DISCHARGE OF DEFENDANT -- AMENDMENT OF JUDGMENT) says:
(1) If sentence has been imposed but suspended, or if sentence has been withheld, upon application of the defendant and upon satisfactory showing that the defendanthas at all times complied with the terms and conditions upon which he wasplaced on probation, or has successfully completed and graduated from anauthorized drug court program or mental health court program and has at alltimes complied with the terms and conditions of probation during any period ofprobation that may have been served following such graduation, the court may,if convinced by the showing made that there is no longer cause for continuingthe period of probation, and if it be compatible with the public interest,terminate the sentence or set aside the plea of guilty or conviction of thedefendant, and finally dismiss the case and discharge the defendant; and thisshall apply to the cases in which defendants have been convicted and grantedprobation by the court before this law goes into effect, as well as to caseswhich arise thereafter. The final dismissal of the case as herein providedshall have the effect of restoring the defendant to his civil rights.
(2) If sentence has been imposed but suspended during the first onehundred eighty (180) days of a sentence to the custody of the state board ofcorrection, and the defendant placed upon probation as provided in subsection4. of section 19-2601, Idaho Code, upon application of the defendant, theprosecuting attorney, or upon the court's own motion, and upon satisfactoryshowing that the defendant has at all times complied with the terms andconditions of his probation, or has successfully completed and graduated froman authorized drug court program or mental health court program and has at alltimes complied with the terms and conditions of probation during any period ofprobation that may have been served following such graduation, the court mayamend the judgment of conviction from a term in the custody of the state boardof correction to "confinement in a penal facility" for the number of daysserved prior to suspension, and the amended judgment may be deemed to be amisdemeanor conviction.
(3) Subsection (2) of this section shall not apply to any judgment ofconviction for a violation of any offense requiring sex offender registrationas set forth in section 18-8304, Idaho Code. A judgment of conviction for aviolation of any offense requiring sex offender registration as set forth insection 18-8304, Idaho Code, shall not be subject to dismissal or reductionunder this section. A conviction for the purposes of this chapter means thatthe person has pled guilty or has been found guilty, notwithstanding the formof the judgment or withheld judgment.
It is confusing - I had to read it twice. The statements are not contradictory, although reading this may seem as clear as mud!
Here is the difference -
1. If a judgment is entered against a person, he/she is not eligible for a withheld judgment. If the offense is a sex-related offense, there is no chance for a sentence reduction.
2. If a judgment is not entered against a person, he/she is eligible for a withheld judgment. In this case, the sex offender can receive a withheld judgment.
You'll have to take a look at the judge's order and see exactly what it says. If a judgment was entered, you're right that he would not be eligible for a sentence reduction.
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