2005 Idaho Code - 19-3501 — WHEN ACTION MAY BE DISMISSED

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 35
                             DISMISSAL OF ACTION
    19-3501.  WHEN ACTION MAY BE DISMISSED. The court, unless good cause to
the contrary is shown, must order the prosecution or indictment to be
dismissed, in the following cases:
    (1)  When a person has been held to answer for a public offense, if an
indictment or information is not found against him and filed with the court
within six (6) months from the date of his arrest.
    (2)  If a defendant, whose trial has not been postponed upon his
application, is not brought to trial within six (6) months from the date that
the information is filed with the court.
    (3)  If a defendant, whose trial has not been postponed upon his
application, is not brought to trial within six (6) months from the date that
the defendant was arraigned before the court in which the indictment is found.
    (4)  If a defendant, charged with a misdemeanor offense, whose trial has
not been postponed upon his application, is not brought to trial within six
(6) months from the date that the defendant enters a plea of not guilty with
the court.
    (5)  If a defendant, charged with both a felony or multiple felonies and a
misdemeanor or multiple misdemeanors together in the same action or charging
document, whose trial has not been postponed upon his application, is not
brought to trial within six (6) months from the date that the information is
filed with the court.
    (6)  If a defendant, charged with both a felony or multiple felonies and a
misdemeanor or multiple misdemeanors together in the same action or charging
document, whose trial has not been postponed upon his application, is not
brought to trial within six (6) months from the date that the defendant was
arraigned before the court in which the indictment is found.

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