Idaho Code

Idaho Code § 19-3902 (2026)

Correction of defective complaint.

✓ current as of May 2026

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Correction of defective complaint.

Whenever it shall appear to the prosecuting attorney of any county of this state that any criminal complaint filed in any justice or probate court is defective or void, the said prosecuting attorney shall have the right to substitute a new complaint, and the defendant or defendants shall not be considered to have been placed in jeopardy by any proceedings previous to the filing of the said new complaint: provided, that said prosecuting attorney shall file said complaint before the case for the prosecution has been closed.

Notes of Decisions

Cited in 2 cases, 1956–2003 · leading case: State v. Byington, 81 P.3d 421 (Idaho Ct. App. 2003).

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State v. Byington, 81 P.3d 421 (Idaho Ct. App. 2003). · cites it 3× “Byington has also alluded to I.C. § 19-3902 as barring the second prosecution, but she has advanced no ai’gument as to how this statute entitles her to any relief.”

State v. Powaukee, 300 P.2d 488 (Idaho 1956). “, §§ 19-3902 and 19-1420 as its authority), the charging part then to read: “the crime of possessing game during a closed season was committed, to-wit, by Richard Powaukee, a Nez Percé Indian, who then and there did wilfully, knowingly and unlawfully have in his possession game,…”

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