Idaho Code
Idaho Code § 19-2602 (2026)
Violation of probation — Arrest.
✓ current as of May 2026
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Violation of probation — Arrest.
If it is proved to the satisfaction of the court that the terms and conditions upon which the defendant was placed on probation by the court or any of them have been violated or for any other cause satisfactory to the court, the court may, at any time within the longest period for which the defendant might have been originally sentenced by judgment of the court, issue a bench warrant for the rearrest of the defendant.
Notes of Decisions
Cited in 22
cases, 1967–2017 · leading case: State v. GAMINO, 230 P.3d 437 (Idaho Ct. App. 2010).
State v. GAMINO, 230 P.3d 437 (Idaho Ct. App. 2010). “In response to Gamino's motion, the prosecutor contended that under the provisions of I.C. § 19-2602, probation violation proceedings are timely if they are initiated anytime within the longest period that Gamino originally might have been sentenced, which in the case of a…”
State v. Jason Zane Garner, 390 P.3d 434 (Idaho 2017). “I.C. § 19-2602 (emphasis added). Idaho Code section 19-2603 governs the options that are available to the court after a probationer has been re-arrested and a violation has been proven.”
State v. Lance Tyrell Taylor, 373 P.3d 699 (Idaho 2016). “However, the district court concluded that the arrest was the “functional equivalent of a bench warrant issued under I.C. § 19-2602.” Accordingly, Taylor’s incarceration for period (iii) was not imposed as a sanction for violating drug court rules, but as a consequence of…”
State v. Sutton, 748 P.2d 416 (Idaho Ct. App. 1987). “As with the heading of I.C. § 19-2602, the term should instead be "probation.”
State v. Edelblute, 424 P.2d 739 (Idaho 1967). “any of them have been violated or for any other cause satisfactory to the court,” I.C. § 19-2602. After “it is proved” to the satisfaction of the court that a probationer has violated a term or terms of his agreement of probation, the court may issue a bench warrant for his…”
State v. Buys, 922 P.2d 419 (Idaho Ct. App. 1996). “I.C. § 19-2602 states: If it is proved to the satisfaction of the court that the terms and conditions upon which the defendant was placed on probation by the court or any of them have been violated or for any other cause satisfactory to the court, the court may, at any time…”
State v. Kelsey, 766 P.2d 781 (Idaho 1988). “Our statutes and cases require that a probationer be given a due process hearing before his probation can be revoked.”
State v. Aaron Louis Bitkoff, 336 P.3d 817 (Idaho Ct. App. 2014). “The Idaho statutes governing procedures for the arrest of a probationer for violation of the terms of probation, and credit against the sentence for the resulting incarceration, are I.C. §§ 19-2602 and 19-2603. Section 19-2602 provides that “[i]f it is proved to the satisfaction…”
State v. Hancock, 727 P.2d 1263 (Idaho Ct. App. 1986). “] We note that I.C. § 19-2602 likewise provides that where a sentence has been suspended the court may issue a bench warrant for a violation of the terms and conditions of probation “or for any other cause satisfactory to the court____” “When the defendant is brought before the…”
State v. BOSIER, 239 P.3d 462 (Idaho Ct. App. 2010). “See I.C. §§ 19-2602 to 19-2607; I.C.R. 5.3, 33(e).”
State v. Kesling Order Revoking Prob., 315 P.3d 861 (Idaho Ct. App. 2013). “Under certain circumstances, Sections 19-2602 and 19-2603 authorize the court to issue a bench warrant for probation violations and revoke probation.”
State v. Buzo, 824 P.2d 899 (Idaho Ct. App. 1991). “” I.C. §§ 19-2602, 20-222. Throughout probation revocation proceedings, the probationer is entitled to due process.”
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