Idaho Code
Idaho Code § 19-1712 (2026)
Kinds of pleas.
✓ current as of May 2026
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Kinds of pleas.
There are four (4) kinds of pleas to an indictment. A plea of:
1. Guilty.
2. Not guilty.
3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.
4. Once in jeopardy.
Notes of Decisions
Cited in 5
cases, 1963–2006 · leading case: State v. Reichenberg, 915 P.2d 14 (Idaho 1996).
State v. Reichenberg, 915 P.2d 14 (Idaho 1996). “Not guilty. 3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.”
State v. Jackson, 532 P.2d 926 (Idaho 1975). “The decisive issue on this appeal is whether the trial court erred in not granting the defendant’s motion to withdraw a plea of guilty when the defendant denied commission of the acts constituting the elements of the crime.”
State v. Radabaugh, 471 P.2d 582 (Idaho 1970). “I.C. § 19-1712. The record clearly reveals that the jury was specifically instructed that: “ * * * To the information filed against said defendant William Perry Radabaugh, he has heretofore entered a plea of not guilty to both Count I and Count II * * 22 Thus pursuant to I.”
State v. Salisbury, 147 P.3d 108 (Idaho Ct. App. 2006). “Nolo Contendere Pleas in Idaho Salisbury contends the magistrate erred in this case because I.C. § 19-1712 does not expressly exclude the plea of nolo contendere, Idaho Rule of Evidence 410(a)(2) recognizes the plea, and Idaho courts have previously, at least tacitly, recognized…”
State v. Hall, 383 P.2d 602 (Idaho 1963). “Idaho Code, § 19-1712, provides: “There are four kinds of pleas to an indictment.”
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