Appendix

Glossary of Legal Jargon

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 § 18-1508, 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 the 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" in the Glossary of Legal Terms.

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" in the Glossary of Legal Terms.

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" in the Glossary of Legal Terms.

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.

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.