Idaho Code

Idaho Code § 19-801 (2026)

Accused to be informed of charge — Right to counsel.

✓ current as of May 2026

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Accused to be informed of charge — Right to counsel.

When the defendant is brought before the magistrate upon an arrest, either with or without warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings.

Notes of Decisions

Cited in 9 cases, 1959–1992 · leading case: State v. Lavy, 828 P.2d 871 (Idaho 1992).

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State v. Lavy, 828 P.2d 871 (Idaho 1992). · cites it 4× “I.C. §§ 19-801, -804; I.C.R. 5 and 5.1. At that proceeding the magistrate explained Lavy's rights to him.”

State v. Mitchell, 660 P.2d 1336 (Idaho 1983). · cites it 4× “" I.C. § 19-801 requires an arrested person taken before a magistrate to be "immediately informed .”

State v. Edmonson, 743 P.2d 459 (Idaho 1987). · cites it 6× “The annotation to this section refers to the proceedings under I.C. § 19-801 et seq., and requires first that "the magistrate must immediately inform him of the charge *482 against him, and of his right to the aid of counsel in every stage of the proceedings," following which…”

Struve v. Wilcox, 579 P.2d 1188 (Idaho 1978). · cites it 8× “The fact that the Idaho peace officer making the complaints alleges that a person has committed a public offense in another jurisdiction, and is a fugitive therefrom, does not make it any less a complaint of "a public offense" within the meaning of I.C. § 19-801, which provides…”

Johnson v. State, 376 P.2d 704 (Idaho 1962). · cites it 2× “I.C. § 19-801. State v. Calkins, 63 Idaho 314 , 120 P.”

Freeman v. State, 392 P.2d 542 (Idaho 1964). · cites it 2× “8, which provides, among other things, that when a defendant is brought before a magistrate, he must be informed of his right to the aid of counsel in every stage of the proceedings (I.”

Foster v. Walus, 347 P.2d 120 (Idaho 1959). · cites it 2× “This Court, as in the matter of preliminary examinations, has recognized that one accused of an indictable misdemeanor or a felony is not entitled to have an attorney appointed at public expense as a matter of right to represent him at a preliminary examination under, the…”

Jean L. Chester v. The People of the State of California, 355 F.2d 778 (9th Cir. 1966). “; California Penal Code § 858; Idaho Code § 19-801 ; Revised Code Montana § 94-6101; Nevada Revised Stats.”

State v. Lavy, 828 P.2d 895 (Idaho Ct. App. 1991). · cites it 2× “I.C. §§ 19-801, -804; I.C.R. 5 and 5.1. At that proceeding the magistrate explained Lavy’s rights to him.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.