If you’re facing charges in Caldwell or Canyon County, the first 7–21 days can shape the whole case.
An arrest is more than a court date—it’s a fast-moving sequence of deadlines, conditions, and decisions that affect your freedom, your license, and your future. Idaho has specific rules for initial appearances, no-contact orders, preliminary hearings, and (in DUI cases) administrative license suspensions—and the clock can start the moment you’re served paperwork.
Below is a straightforward, Idaho-focused roadmap of what typically happens after an arrest, along with concrete steps a criminal defense lawyer can take to protect you early—before small mistakes become expensive consequences.
The Two Tracks After an Arrest: Court Case vs. “Administrative” Consequences
Most people assume everything happens “in court.” In reality, Idaho often runs parallel processes:
1) The criminal case (arraignment, hearings, motions, trial/plea, sentencing).
2) Administrative actions that can hit quickly—especially after a DUI arrest—like Idaho Transportation Department (ITD) license suspensions and ignition interlock requirements. (itd.idaho.gov)
A defense strategy should address both tracks from day one, because “winning” in court doesn’t always fix license consequences that were never challenged on time.
A Typical Post-Arrest Timeline in Idaho (What to Expect)
| Timeframe | What usually happens | Why it matters |
|---|---|---|
| Within ~24 hours (excluding weekends/holidays) | Initial appearance before a magistrate; bail/conditions may be set | Release conditions can restrict contact, travel, alcohol use, and more. Idaho rules require prompt appearance. (isc.idaho.gov) |
| Days 1–7 | Critical deadline window (especially DUI): request an ALS hearing if served notice | In many DUI situations, you must request a hearing within 7 days or the suspension proceeds. (itd.idaho.gov) |
| Days 7–21 (felonies) | Preliminary hearing (unless waived or grand jury indictment) | If not in custody, Idaho rules set the hearing no later than 21 days after initial appearance (14 days if in custody). (isc.idaho.gov) |
| Within 30 days (after an information is filed in district court) | Arraignment on the information/indictment (district court) | Arraignment timing rules can be strict, and it sets the pace for the case. (isc.idaho.gov) |
| Months 1–6+ | Discovery review, motions, negotiations, pretrial settings | Idaho also has statutory “brought to trial” timelines that may apply depending on posture and delays. (law.justia.com) |
Every case is different, but this timeline highlights a theme: the earliest stage is often the most time-sensitive. That’s why many people in Caldwell start with one goal—get a clear plan before the first deadlines pass.
DUI in Idaho: The 7-Day License Deadline Many People Miss
If your arrest involves a DUI allegation, you may face an Administrative License Suspension (ALS) that is separate from your criminal court case. If you want to challenge that suspension, Idaho’s ITD process can require a hearing request within seven (7) days of being served the notice. (itd.idaho.gov)
Common ALS outcomes (simplified)
Failed evidentiary test (first ALS): commonly described as a 90-day suspension, with the first 30 days “absolute,” and possible restricted privileges later if eligible. (itd.idaho.gov)
Test refusal: Idaho outlines severe refusal consequences (including longer loss of privileges). (itd.idaho.gov)
A criminal defense lawyer can often coordinate the DUI defense so that your court strategy and license strategy don’t contradict each other—and so that paperwork is filed correctly and on time.
No-Contact Orders and Protection Orders: Don’t Treat Them Like “Suggestions”
After arrests tied to domestic disputes, assault allegations, or certain family conflicts, Idaho courts may issue a criminal no-contact order. These orders are enforceable immediately and violations can create new charges or derail release conditions.
Key Idaho rule to know
If a defendant was not present when a no-contact order was issued, Idaho Criminal Rule 46.2 provides a mechanism to request a hearing—and the request must be filed within 7 days of service. (isc.idaho.gov)
Separately, a person can seek a civil protection order under Idaho law; temporary orders can be short-lived and hearings can be set quickly (often within about two weeks). (law.justia.com)
Step-by-Step: What to Do in the First 72 Hours After an Arrest
1) Collect and preserve your paperwork (and don’t “clean up” your phone)
Save citations, release paperwork, bond conditions, any “notice of suspension,” and court date info. If there are texts/calls relevant to your defense, don’t delete anything—your lawyer needs the full context to advise you safely.
2) Identify fast deadlines (DUI + no-contact orders are the most urgent)
If you were served an ALS notice after a DUI arrest, the hearing-request window can be as short as 7 days. (itd.idaho.gov) If you were served a no-contact order and need a hearing due to how it was issued, there can also be a 7-day filing window. (isc.idaho.gov)
3) Stop talking about the incident (including to “helpful” people)
Statements to friends, family, coworkers, or on social media can surface later. The safest move is to discuss facts only with your attorney.
4) Hire counsel early enough to influence conditions and charging decisions
Early representation can help with bond arguments, clarifying release conditions, preserving evidence, and positioning the case for dismissal, reduction, or a more favorable resolution.
How a Criminal Defense Lawyer Builds Leverage Early
Strong defense work often looks “quiet” at the beginning. Behind the scenes, the goal is to reduce uncertainty and create leverage by organizing facts, identifying legal issues, and preventing deadline-driven damage.
Early-defense checklist
• Timeline reconstruction: who did what, when, and who can verify it.
• Evidence preservation: 911 audio, bodycam, surveillance video, medical records, receipts, GPS/location data.
• Conditions of release: address no-contact issues, travel constraints, firearms restrictions, and employment realities.
• Court posture decisions: for felonies, whether to contest or waive a preliminary hearing (a decision that can change negotiation dynamics). (isc.idaho.gov)
For many clients in Caldwell, the immediate concern is protecting work, professional licensing, parenting time, and reputation—while keeping the defense aligned with long-term goals.
Did You Know? Quick Idaho Legal Facts
Idaho requires a prompt initial appearance: generally within 24 hours of arrest (excluding Saturdays, Sundays, and holidays). (isc.idaho.gov)
No-contact order hearings can have tight deadlines: certain hearing requests must be filed within 7 days of service under Idaho Criminal Rule 46.2. (isc.idaho.gov)
Eligible records may be shielded from public disclosure: Idaho’s Clean Slate framework generally requires at least 5 years since completion of sentence requirements (including probation, fines, and restitution) for eligible records. (isc.idaho.gov)
Local Angle: Caldwell (Canyon County) Realities That Affect Criminal Cases
In Caldwell and across Canyon County, criminal cases often intersect with real-life priorities: rotating shifts, seasonal work, child exchanges, and commutes into Boise. Small details—like whether you can drive legally during an ALS window, or whether release conditions interfere with parenting time—matter.
If your situation also includes family law stress (divorce, custody, or a protection order), it’s especially important that your legal team communicates clearly and coordinates strategy. Davis & Hoskisson Law Office is built for that multi-issue reality—criminal defense that fits the bigger picture.
Related resources on our site: Criminal Law, DUI Defense, Domestic Violence Defense, Civil Protection Orders.
Talk with a Criminal Defense Lawyer Before the Early Deadlines Pass
If you were arrested in Caldwell, Canyon County, or nearby in Southwest Idaho, getting advice early can protect your license, your release conditions, and your options in court.
This page provides general information, not legal advice. Every case is fact-specific.
FAQ: Idaho Arrests, Charges, and Defense Strategy
How soon will I see a judge after an arrest in Idaho?
Idaho rules require an initial appearance without unreasonable delay, and not more than 24 hours after arrest (excluding Saturdays, Sundays, and holidays), with limited exceptions (such as hospitalization). (isc.idaho.gov)
If I’m charged with a felony, do I automatically get a preliminary hearing?
Unless indicted by a grand jury, a felony defendant is entitled to a preliminary hearing, and Idaho rules set timing limits (often 14 days if in custody, 21 if not). Waiving it can be strategic, but it should be an informed choice. (isc.idaho.gov)
What is the difference between a no-contact order and a civil protection order?
A no-contact order is typically issued in the criminal case and can affect release conditions. A civil protection order is a separate civil process under Idaho law, with temporary orders and hearings on an accelerated schedule. (isc.idaho.gov)
How fast do I have to act after a DUI arrest to protect my license?
In many Idaho DUI situations, the ALS hearing must be requested within seven (7) days of the date you’re served the notice. Missing that deadline can mean the suspension proceeds even while your criminal case is pending. (itd.idaho.gov)
Can my record be sealed or shielded in Idaho?
Idaho has procedures that may allow eligible records to be shielded from public disclosure (Clean Slate) and certain scenarios where files may be sealed and records expunged (such as arrests not charged within one year, acquittals, or dismissals—subject to statutory limitations). Eligibility depends on the charge type and the outcome. (isc.idaho.gov)
Glossary (Quick Definitions)
Administrative License Suspension (ALS)
A civil (non-criminal) driver’s license suspension process in Idaho that can follow a failed evidentiary test in a DUI investigation; it has its own deadlines and hearing process. (itd.idaho.gov)
Initial Appearance
The first appearance before a magistrate after arrest, where rights are addressed and conditions of release may be set. (isc.idaho.gov)
Preliminary Hearing
A hearing (in many felony cases) where the court determines whether there is probable cause to require the case to proceed. (isc.idaho.gov)
No-Contact Order
A court order in a criminal case restricting contact with a protected person; Idaho rules describe service requirements and certain hearing request timelines. (isc.idaho.gov)
Shielding (Clean Slate)
An Idaho process that may prevent eligible criminal records from being publicly accessible, without destroying the records. (isc.idaho.gov)
