Idaho Code
Idaho Code

Idaho Code § 19-2903 (2026)

RIGHT TO BAIL — limitations. 

✓ current as of May 2026
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RIGHT TO BAIL — limitations. 

Any person charged with a crime who is not released on his own recognizance is entitled to bail, as a matter of right, before a plea or verdict of guilty, except when the offense charged is punishable by death and the proof is evident or the presumption is great. The setting of bail on a bench warrant following a failure by a defendant to appear before the court as ordered and without sufficient excuse shall be determined under the provisions of section 19-2915, Idaho Code. In the discretion of the court, bail may be allowed in the following cases:

(1)  After the defendant is found guilty or pleads guilty and before sentencing;
(2)  While an appeal is pending from a judgment of conviction, an order withholding judgment or an order imposing sentence, except that a court shall not allow bail when the defendant has been sentenced to death or life imprisonment;
(3)  Upon a charge of a violation of the terms of probation; and
(4)  Upon a finding of a violation of the conditions of release pursuant to section 19-2919, Idaho Code.
Notes of Decisions
Cited in 5 cases, 1966–2018 · leading case: State v. Hall, 727 P.2d 1255 (Idaho Ct. App. 1986).
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State v. Hall, 727 P.2d 1255 (Idaho Ct. App. 1986). · cites it 2× “If the quotation was accurate, the magistrate might have been referring obliquely to I.C. § 19-2903, which prohibits bail in capital cases "when the proof of [the defendant’s] guilt is evident or the presumption thereof great.”
State v. Larsen, 415 P.2d 685 (Idaho 1966). · cites it 2× “See also I.C. § 19-2903. Appellant also contends that he was unlawfully convicted on the basis of the uncorroborated testimony of an accomplice, Burt.”
State v. Linn, 462 P.2d 729 (Idaho 1969). · cites it 2× “I.C. § 19-2903 2 provides essentially the same.”
State v. Gibson, 431 P.3d 255 (Idaho 2018). · cites it 2× “When releasing a defendant on bail, the court has discretion to impose "conditions of release.”
State v. Jiminez, 456 P.2d 784 (Idaho 1969). · cites it 2× “5 Therefore, I.C. § 19-2903, which provides that capital offenses are not bailable, could not operate automatically to prevent the admission of appellant to bail.”
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