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A 16-year-old walking home from a friend's house in Lewiston is stopped by an officer at 11:30 p.m. What happens next runs on Idaho's Juvenile Corrections Act, the state law in Title 20, Chapter 5 of the Idaho Code that decides who counts as a juvenile, when a parent must be called, how fast a judge must see the case, and when the record can be wiped. Curfew hours themselves are set town by town.
Who goes to juvenile court in Idaho
Under Idaho Code section 20-502, a juvenile is anyone under 18, or anyone who was under 18 at the time of the act. Section 20-505 gives the juvenile court exclusive jurisdiction, meaning it is the only court that can hear the case, over acts that would be crimes if an adult did them and over age-only offenses.
Some cases skip juvenile court. Under section 20-509, a juvenile who is 14 to 17 and is charged with murder or attempted murder, robbery, rape, mayhem, first-degree or aggravated arson, or certain drug sales within 1,000 feet of a school is charged as an adult automatically. A child under 14 can face adult charges for those crimes only if a judge first orders it under the waiver process in section 20-508.
Custody: the parent call and the 24-hour clock
Section 20-516 lets an officer take a juvenile into custody without a court order if there is reasonable cause to believe the juvenile committed what would be a misdemeanor or felony, or a status offense, an act that is an offense only because of age. The status offenses are listed: truancy, running away or being beyond a parent's control, underage alcohol violations, and curfew violations. A status offender may not be put in a jail or a juvenile detention center.
When an officer takes a juvenile into custody, the law says the officer shall notify the parent, guardian, or custodian as soon as possible. Usually the juvenile is released to a parent who signs a promise to bring them to court. If the juvenile is not released, a judge must see the case within 24 hours, not counting weekends and holidays.
Idaho's statute does not, in the section we read, require that a parent or a lawyer be present before a juvenile answers questions, and we could not confirm any other Idaho rule on that. The federal floor still applies everywhere: In re Gault (1967), where the U.S. Supreme Court held that a young person facing juvenile charges has the right to notice of the charges, to a lawyer, to confront witnesses, and to stay silent. A calm 'I want a lawyer' and 'I want my parent' are both allowed, and both are enough.
Records: expungement after 18, with a waiting period
Idaho does not erase juvenile records on its own. Section 20-525A lets a person petition the court to expunge, meaning to remove, the record. For a misdemeanor or status offense, or a case handled by diversion or informal adjustment, the petition can be filed one year after the court's jurisdiction ends or at age 18, whichever comes later. For a felony, or any case that sent the juvenile to the Department of Juvenile Corrections, the wait is three years after the case or release ends, or age 18, whichever comes last.
Some offenses cannot be expunged at all. The list in section 20-525A includes aggravated battery, armed robbery, and arson, among others.
Where to find a defender, and what to check in your town
Since 2023 Idaho has one statewide office for people who cannot afford a lawyer: the Idaho State Public Defender, spd.idaho.gov, which manages the county offices and contract attorneys across the state. A juvenile who cannot pay may ask the court for an appointed lawyer at the first hearing.
Curfew hours are not in state law. They come from a city or county ordinance. Search your city's name with 'curfew ordinance' and read the exceptions, especially the one for coming home from work.
The full Juvenile Corrections Act is free at legislature.idaho.gov under Title 20, Chapter 5.
Lembre-se disto
- In Idaho a juvenile is anyone under 18; from age 14, charges like murder, robbery, rape, or arson go straight to adult court.
- An officer who takes a juvenile into custody must notify a parent as soon as possible, and a judge must see the case within 24 hours if the juvenile is held.
- Curfew and truancy are status offenses; a status offender cannot be held in a jail or juvenile detention center.
- Most juvenile records can be expunged by petition after 18, following a one-year wait for misdemeanors or three years for felonies.
Fontes
- Idaho Legislature: Idaho Code 20-509, Violent offenses, offenders charged as adults (abre em uma nova aba)
- Idaho Legislature: Idaho Code 20-516, Apprehension and release of juveniles (abre em uma nova aba)
- Idaho Legislature: Idaho Code 20-525A, Expungement of record (abre em uma nova aba)
- Legal Information Institute (Cornell): In re Gault, 387 U.S. 1 (1967) (abre em uma nova aba)
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