Idaho Code
Idaho Code § 19-1903 (2026)
Presence of defendant.
✓ current as of May 2026
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Presence of defendant.
If the indictment is for a felony, the defendant must be personally present at the trial; but if for misdemeanor, the trial may be had in the absence of the defendant.
Notes of Decisions
Cited in 2
cases, 1972–2015 · leading case: State v. Carver, 496 P.2d 676 (Idaho 1972).
State v. Carver, 496 P.2d 676 (Idaho 1972). “The issue for resolution, one of first impression in Idaho, is the character of the protected right to be personally present at one’s trial and the effect on the result when the right is disregarded.”
State v. John Joseph Fairchild, 349 P.3d 431 (Idaho Ct. App. 2015). “The legislature codified this protection as I.C. § 19-1903, which provides that, “if the indictment is for a felony, the defendant must be personally present at the trial.”
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