Idaho Code
Idaho Code § 19-802 (2026)
Sending for counsel.
✓ current as of May 2026
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Sending for counsel.
He must also allow the defendant a reasonable time to send for counsel, and postpone the examination for that purpose, and must upon the request of the defendant, require a peace officer to take a message to any counsel in the township or city the defendant may name. The officer must, without delay and without fee, perform that duty.
Notes of Decisions
Cited in 3
cases, 1964–1983 · leading case: State v. Mitchell, 660 P.2d 1336 (Idaho 1983).
State v. Mitchell, 660 P.2d 1336 (Idaho 1983). “" I.C. § 19-802 requires the magistrate to "allow the defendant a reasonable time to send for counsel" and further that upon defendant's request the magistrate shall "require a peace officer to take a message to any [local] counsel.”
Struve v. Wilcox, 579 P.2d 1188 (Idaho 1978). “I.C. § 19-802 provides that a reasonable time be afforded for securing counsel, and I.”
Freeman v. State, 392 P.2d 542 (Idaho 1964). “§ 19-801); and that he *177 must be given a reasonable time to send for counsel (I.C. § 19-802). This court has repeatedly stated: “A preliminary examination before a committing magistrate is in no sense a trial.”
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