The Idaho Guilty Plea Advisory Form is the document you complete before a judge will accept your guilty plea, and filling it out correctly means downloading the current Idaho Supreme Court version, reading every numbered paragraph with your attorney, initialing each one honestly, and signing it under penalty of perjury. Idaho Criminal Rule 11(e) requires courts to use the Supreme Court’s own form, so no county or local variation is valid. The form is dated September 2024 in its most recent version and is available in English and Spanish.
Where to Get the Correct Form
The official form is posted on the Idaho Supreme Court website at isc.idaho.gov, on the Idaho Criminal Rules page alongside the text of Rule 11. It comes as both a Word document and a PDF, in English and Spanish. If you cannot access the website, ask your defense attorney or the clerk of the district court handling your case for a printed copy. Do not use an older version or a form from another state. Rule 11(e) specifically requires the Supreme Court’s current form, and a judge who notices the wrong document will stop the hearing.
What to Have in Front of You Before You Start
Have this information gathered before you sit down with the form, because every item below appears somewhere on it:
- Your case number, full legal name, and date of birth. Check the case number against the charging document; a transposed digit creates clerk-office problems later.
- The exact charges you are pleading to, with the minimum and maximum penalty for each. Idaho’s default felony sentence is up to five years in state prison and a fine of up to $50,000, but many felony statutes set their own higher or lower limits, including life imprisonment for certain offenses. The default misdemeanor penalty is up to six months in county jail and a fine of up to $1,000. Your attorney should give you the specific range for your charge.1Idaho State Legislature. Idaho Code 18-112 – Punishment for Felony2Idaho State Legislature. Idaho Code 18-113 – Punishment for Misdemeanor
- The terms of any plea agreement, and whether it is binding on the judge or only a recommendation.
- Your immigration status. If you are not a U.S. citizen, both the form and the judge will address deportation and citizenship consequences.
- A list of medications you are taking and any alcohol or drug use within the past 48 hours. The form asks directly.
Working Through the Form
The form is structured so you initial each numbered paragraph after reading it. A blank line will prompt the judge to stop and send you back, so work through every paragraph without skipping.
Header and Identifying Information
Fill in your full legal name, age, date of birth, and case number. The plaintiff line is pre-filled as the State of Idaho.
Constitutional Rights You Are Giving Up
This is the longest section. Each paragraph names a right you waive by pleading guilty: the right to remain silent, the presumption of innocence, the right to a jury trial, and the right to confront the state’s witnesses and present your own. Idaho Criminal Rule 11(c) requires the record to show you were advised of these rights before the court accepts your plea.3Idaho Courts. Idaho Criminal Rules
One paragraph in the silence section asks whether you have separately agreed to waive silence about other crimes or information that could increase your sentence. Initial only the version that fits your situation. If any paragraph confuses you, stop and ask your attorney before initialing. Initials are evidence that you understood what you were signing.
Questions About Your Capacity
Roughly fourteen questions cover your ability to understand the proceeding: whether you read English or need an interpreter, your education, your mental health history, current medications, and alcohol or drug use in the last 48 hours. Answer honestly. If you disclose a relevant condition, the judge can still accept the plea after confirming you understand what is happening. If you lie and the truth comes out later, that dishonesty can be used against you if you try to withdraw the plea.
The Plea Agreement
If you have a deal with the prosecutor, this section records whether it is binding or non-binding, and the difference is substantial:
- A non-binding agreement under Rule 11(f)(1)(B) is a recommendation. The judge can impose a harsher sentence, and if that happens you have no right to withdraw your plea.3Idaho Courts. Idaho Criminal Rules
- A binding agreement under Rule 11(f)(1)(C) sets a specific sentence. The judge accepts or rejects it as a package. If the judge rejects it, you may have the option to withdraw.
The form also asks whether anyone made promises outside the written agreement, or threatened or coerced you. Any side deal that is not on paper needs to be disclosed here. Undisclosed promises can unravel the plea later.
Appellate Rights
Toward the end, the form asks whether you are waiving your right to appeal. Under Rule 11(d)(3), if an appeal waiver is part of the deal, the judge must confirm you know about it.3Idaho Courts. Idaho Criminal Rules If you are entering a conditional guilty plea under Rule 11(a)(2), which preserves your right to appeal a specific pretrial ruling, identify that ruling on the form. A conditional plea must be in writing and approved by both the prosecutor and the court.
Signature
The last page requires your signature, your attorney’s signature, and the date. You are certifying under penalty of perjury that your answers are truthful and your plea is voluntary. Perjury is a felony in Idaho.4Idaho State Legislature. Idaho Code 18-5401 – Perjury Defined
What the Judge Does With the Form
You bring the completed form to your change-of-plea hearing. The judge does not just glance at your initials. Rule 11(e) requires the court to make a separate oral record confirming three things: that you understand the nature of the charges, including any required mental state like intent or knowledge; that you understand the minimum and maximum punishments; and that you understood the form and your plea is voluntary.3Idaho Courts. Idaho Criminal Rules
Expect the judge to ask whether anyone pressured you, whether you understand the court is not bound by the prosecutor’s recommendation, and often to ask you to describe in your own words what you did. That last question establishes a factual basis for the plea. The exchange typically takes fifteen to thirty minutes. If your answers suggest confusion or impairment, the judge can decline the plea and continue the hearing.
Consequences the Form Warns About
Several of the paragraphs you will initial flag consequences that outlast the sentence itself. Read these carefully before signing.
Immigration
Rule 11(d)(1) requires the judge to warn every defendant, regardless of apparent citizenship, that a guilty plea could lead to deportation, inability to obtain legal status, or denial of a citizenship application.3Idaho Courts. Idaho Criminal Rules The U.S. Supreme Court held in Padilla v. Kentucky that defense attorneys have a constitutional obligation to advise non-citizen clients about the deportation risk of a plea.5Justia U.S. Supreme Court. Padilla v. Kentucky, 559 U.S. 356 (2010) If you are not a citizen, talk to an immigration attorney before signing, not only your criminal defense lawyer. A guilty plea counts as a conviction for immigration purposes even if the court suspends the sentence.
Firearms
A guilty plea to any felony triggers a federal prohibition on possessing firearms or ammunition under 18 U.S.C. § 922(g)(1).6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ban covers any crime punishable by more than one year of imprisonment, which includes virtually all felonies. Treat it as permanent.
Sex Offender Registration
If your charge requires registration on Idaho’s sex offender registry, Rule 11(d)(2) requires the judge to tell you so before accepting the plea. Registration can last for years or be permanent depending on the offense and comes with ongoing reporting duties, residency restrictions, and public listing. Confirm with your attorney whether your specific charge triggers registration before you initial the form.
Restitution and Fees
Idaho law presumes restitution for any crime that causes economic loss to a victim. The court must order it unless there is a specific reason not to, with the judge explaining on the record why any reduction or denial was warranted.7Idaho State Legislature. Idaho Code 19-5304 Restitution is a separate written order on top of jail time or fines, and you have 42 days from entry of the order to seek relief if the amount is wrong. A mandatory court fee of $17.50 applies to felonies and misdemeanors under Idaho Code 31-3201A, waivable if you are indigent.8Idaho State Legislature. Idaho Code 31-3201A – Court Fees Ask your attorney for a realistic estimate of the full financial obligation before the hearing.
If You Change Your Mind After Signing
Withdrawing a guilty plea is possible but not automatic, and the timing matters more than anything else. Idaho Criminal Rule 33(c) draws a sharp line at sentencing. Before the judge imposes sentence, you can file a motion to withdraw. After sentencing, you must show “manifest injustice,” a high bar that requires something fundamentally unfair, not just regret.3Idaho Courts. Idaho Criminal Rules
The most common ground for a post-sentencing withdrawal is ineffective assistance of counsel: an attorney who failed to explain the real consequences, gave inaccurate sentencing estimates, or neglected to warn about deportation when the law required it. You would need to show both that the lawyer’s performance fell below a reasonable standard and that you would not have pleaded guilty with proper advice. A completed advisory form with your initials on every line is strong evidence against those claims, which is one more reason to read before you initial. If you are having second thoughts, raise them with your attorney before the sentencing hearing. That is your best window.