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a.l.s. (administrative license suspension): under Idaho
Code § 18-8002A,
a person charged with driving under the influence of alcohol or
a controlled substance (see below) may have his or her driver's
license automatically suspended in a civil proceeding separate
from any criminal prosecution. See Administrative License Suspension.
d.u.i. (driving under the influence): operating a motor vehicle
while under the influence of alcohol or a controlled substance.
In Idaho, it is unlawful to operate a vehicle with an alcohol concentration
of .08 or above, unless the operator is under 21, when the permissible
alcohol concentration level is exceeded at .02.
l and l (lewd and
lascivious conduct): the most serious form of child sexual
abuse, prohibited by Idaho
Code §
15-1808,
which provides for a sentence of up to life imprisonment for a
convicted offender.
noticed up: a process by which one party in a civil or criminal
case provides notice to the other party of the time and date of
a hearing on a matter which the case involves.
o.s.c. (order to
show cause): an order issued by a court, requiring a party to show
cause, at an o.s.c. hearing, why that party should not be required
to do an act or refrain from doing an act.
Prelim (preliminary
hearing): shorthand for preliminary hearing, see definition in
glossary of legal terms.
p.c. (probable cause): sufficient reason
based upon known facts to believe a crime has been committed or
that certain property is connected with a crime. See "probable
cause" below.
p.c.r. (post conviction relief): following a
conviction, an application for relief of the judgment and/or sentence.
See Idaho
Criminal Rule 57 and Idaho
Code § 19-4901
p.v. (probation
violation): An act of violating probation which will result
in a p.v. hearing. See "probation violation" below.
Rider:
also known as a "180-day rider," this mechanism allows
a judge to retain jurisdiction over someone who has been convicted
in order to send that individual to a correctional institution
(usually at the Department of Correction facility at Cottonwood)
for evaluation--this process typically lasts 180 days. At the end
of that time, the prisoner is returned to the court where his/her
progress is evaluated to determine whether the prisoner should
be placed on probation or required to serve out the sentence originally
imposed. See "retained jurisdiction" below.
Rule 35:
a reference to Idaho Criminal Rule 35, a provision that allows
a court to reduce a sentence within 120 days after the filing
of a judgment of conviction or within 120 days after the court
releases
retained jurisdiction. Under this rule, the court may also reduce
a sentence upon revocation of probation or upon motion made within
fourteen (14) days after the filing of the order revoking probation.
A defendant may file no more than one motion seeking a reduction
of sentence under this Rule.
Idaho Supreme Court Media Guide
withheld: meaning "withheld
judgment," this is a criminal
disposition in which a judge withholds the judgment of conviction
upon conditions deemed appropriate. If the defendant successfully
completes the conditions as outlined by the judge, the judge will
then dismiss the case resulting in the defendant having a clean
record. |