Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

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

in the state of Idaho...
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????
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 14 minutes by:
9/2/2010
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,868
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

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.

 

 

Ask Your Own Criminal Law Question
Customer reply replied 7 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.

 

Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,868
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Roger Your Own Question
Roger
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,868
31,868 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
When someone is accused of rape and arrested then all of the
When someone is accused of rape and arrested then all of the physical evidence says the person is not guilty how long can the accused be held in jail in Texas?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
Can i end up in jail for being falsely accused of rape.
Can i end up in jail for being falsely accused of rape … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was convicted of the rape of a little girl in Oregon in
I was convicted of the rape of a little girl in Oregon in 1995. Physical evidence existed that proves me innocent that was kept out of court by the prosecutor and I kept bugging him and my lawyer to g… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a man is on trial for rape, can the defense offer
If a man is on trial for rape, can the defense offer evidence that the complainant (alleged victim) has been diagnosed with bipolar disorder in the past?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a complainant reports battery (specifically rape) in
If a complainant reports sexual battery (specifically rape) in Florida, what level of probable cause would need to exist for the police to be able to seize the suspect's cell phone?… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
My friend has a previous gun charge it was a misdemeanor but
My friend has a previous gun charge it was a misdemeanor but now is being charged with aggravated assault … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My friend is the victim of attempted rape and is trying to
Hi, my friend is the victim of attempted rape and is trying to press charges for sexual battery. Her lawyer just dismissed her saying that she had no case and brought in a male lawyer for a "male pers… read more
Expert James
Expert James
Doctoral Degree
11,684 satisfied customers
My girlfriend was sexually assaulted - gang raped - in
My girlfriend was sexually assaulted - gang raped - in Tulia, Texas back in Feb 2016. We found one of her rapists and confronted him. He claimed that she was conscious, knew what I was doing, and accu… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have been raped, and a rape kit was provided. I have
I have been raped, and a rape kit was provided. I have written letters to have my kit put through ASPHIS, but I get ignored, so my rape & assault was never adjudicated but ignored by a Detective that … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x