Idaho Code
Idaho Code

Idaho Code § 19-814 (2026)

Discharge of defendant. 

✓ current as of May 2026
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Discharge of defendant. 

If, after hearing the evidence adduced at the preliminary examination, the magistrate finds either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate must dismiss the complaint and order the defendant to be discharged.

Notes of Decisions
Cited in 10 cases, 1967–2016 · leading case: State v. Haggard, 486 P.2d 260 (Idaho 1971).
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State v. Haggard, 486 P.2d 260 (Idaho 1971). · cites it 7× “§ 19-809 states: "19-809. Examination of witnesses for defendant.”
State v. Edmonson, 743 P.2d 459 (Idaho 1987). · cites it 4× “Under I.C. § 19-814, the magistrate must dismiss where he finds no public offense committed, or not sufficient cause to believe the defendant guilty of a public offense.”
State v. Gary L. Schall, 337 P.3d 647 (Idaho 2014). · cites it 2× “I.C. § 19-814. A defendant who has been bound over to the district court may still challenge the finding of probable cause by filing a motion to dismiss.”
State v. Dunn, 434 P.2d 88 (Idaho 1967). · cites it 4× “" (I.C. § 19-814); and "If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe the defendant guilty thereof, the magistrate must indorse on the depositions an order, * * *.”
State v. Urie, 437 P.2d 24 (Idaho 1968). · cites it 4× “I.C. § 19-814; 22 C.J.S. Criminal Law § 347, p.”
State v. Pole, 79 P.3d 729 (Idaho Ct. App. 2003). · cites it 2× “See I.C. §§ 19-814, 19-815; I.C.R. 5.1. Idaho Code Section 19-815A provides that once a defendant has been held to answer to a criminal charge, the defendant may challenge the sufficiency of the evidence presented at the preliminary hearing by filing with the district court a…”
State v. Ruggiero, 330 P.3d 408 (Idaho Ct. App. 2014). · cites it 2× “I.C. §§ 19-814, 19-815; I.C.R. 5.1. A defendant may challenge a magistrate court’s finding of probable cause at the preliminary hearing by filing a motion in the district court to dismiss the charge.”
State v. Dakota Lee Villafuerte, 373 P.3d 695 (Idaho 2016). · cites it 2× “” I.C. § 19-814. In this case, Defendant waived his right to a preliminary healing.”
State v. Gary L. Schall (Idaho Ct. App. 2013). · cites it 2× “I.C. §§ 19-814, 19-815, 19-815A; I.C.R. 5.”
State v. Ruggiero (Idaho Ct. App. 2014). · cites it 2× “I.C. §§ 19-814, 19-815; I.C.R. 5.1. A defendant may challenge a magistrate court’s finding of probable cause at the preliminary hearing by filing a motion in the district court to dismiss the charge.”
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