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Roger
Roger, Lawyer
Category: Criminal Law
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I would like to know if a person convicted of Statutory Rape

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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????

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 6 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".

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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