How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26917
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Criminal Law Question Here...
Roger is online now
A new question is answered every 9 seconds

I would like to know if a person convicted of Statutory Rape

Resolved Question:

I would like to know if a person convicted of Statutory Rape in the state of Idaho can get a withheld judgment? Judge stated at sentencing that if the person worked really hard and came back to his court in 2 to 3 years he would consider a withheld judgement. I am told by a lawyer that the information is false, you can never get a withheld in the state of Idaho for any sex crime????
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Roger replied 4 years ago.

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 defendant
has at all times complied with the terms and conditions upon which he was
placed on probation, or has successfully completed and graduated from an
authorized drug court program or mental health court program and has at all
times complied with the terms and conditions of probation during any period of
probation that may have been served following such graduation, the court may,
if convinced by the showing made that there is no longer cause for continuing
the 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 the
defendant, and finally dismiss the case and discharge the defendant; and this
shall apply to the cases in which defendants have been convicted and granted
probation by the court before this law goes into effect, as well as to cases
which arise thereafter. The final dismissal of the case as herein provided
shall have the effect of restoring the defendant to his civil rights.


(2) If sentence has been imposed but suspended during the first one
hundred eighty (180) days of a sentence to the custody of the state board of
correction, and the defendant placed upon probation as provided in subsection
4. of section 19-2601, Idaho Code, upon application of the defendant, the
prosecuting attorney, or upon the court's own motion, and upon satisfactory
showing that the defendant has at all times complied with the terms and
conditions of his probation, or has successfully completed and graduated from
an authorized drug court program or mental health court program and has at all
times complied with the terms and conditions of probation during any period of
probation that may have been served following such graduation, the court may
amend the judgment of conviction from a term in the custody of the state board
of correction to "confinement in a penal facility" for the number of days
served prior to suspension, and the amended judgment may be deemed to be a
misdemeanor conviction.

 

(3) Subsection (2) of this section shall not apply to any judgment of
conviction for a violation of any offense requiring sex offender registration
as set forth in section 18-8304, Idaho Code. A judgment of conviction for a
violation of any offense requiring sex offender registration as set forth in
section 18-8304, Idaho Code, shall not be subject to dismissal or reduction
under this section.
A conviction for the purposes of this chapter means that
the person has pled guilty or has been found guilty, notwithstanding the form
of the judgment or withheld judgment.

 

 

Customer: replied 4 years ago.
okay...so this is confusing. On one hand it states that you cannot get a withheld and then states that you can??? The judge sentenced the person to probation and then said that he would not grant a withheld at that time, but his words were "I will consider a withheld judgement if you come back to my court room in a couple of years....but I want you to work really, really hard for it".
Expert:  Roger replied 4 years ago.

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.

 

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26917
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 6 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.