Pocatello Legal Department Frequently Asked Questions

When is my next court date?

If you have been charged with a misdemeanor or traffic violation, you should call the Court Clerk at 208-234-7272 or look up your case for free at iCourt Portal.

I was served with a subpoena; now what do I do?

If you have been served with a Subpoena to appear before a Magistrate Judge, you have been a witness or a victim to a crime. This subpoena requires your personal appearance to answer questions the prosecutor/defense attorney may have. You must comply with the Subpoena or you could be fined $100 and/or jailed for your failure to appear. If you have questions about the case, please contact the City Attorney’s Office at 208-234-6148.

My case was screened by your office and charges are not being filed. Can you tell me why?

One of the prosecuting attorneys has reviewed the information that we received from the Pocatello Police Department and determined that charges are not appropriate. If you have additional information that you want to provide the police, you may contact the Police Department at 208-234-6100 to file a supplemental report. If you want to know what was in the police report, you need to contact the Police Department to file a Public Records Request to review the report.

My spouse/significant other was charged with domestic battery for pushing/hitting me, but it didn’t really happen that way. Can I drop the charges?

No. In this case, you are an important witness to the crime. The prosecutor is representing the State of Idaho and only the City Attorney’s Office is able to decide whether to drop the charges. If the defendant is telling you to drop the charges, you should tell him/her that you do not have that authority and report the same to the City Attorney’s Office immediately.

How do I remove or modify a No Contact Order that exists between my spouse/significant other and I?

You will need to pick up a Request to Revoke No Contact Order form from Court Services (Probation Office) located at 746 East Lander Street. Review information and directions regarding the process.

I received an Order for Restitution and the defendant is not paying; what do I do?

If you are not receiving payments from a Defendant, please contact the Judicial Enforcement Office at the Bannock County Courthouse at 208-236-7325. You will need the Defendant’s name and/or case number to identify what type of payment plan the Defendant arranged. If the Defendant is late in payments, you can either:

  • Contact the Probation Officer (if applicable)
  • Contact the Prosecutor to possibly reopen the case
  • Obtain a Civil Judgment through the Prosecutor’s Office

How do I file a claim for damages against the City?

You must file a claim for damages against the City with the City Clerk within the applicable statute of limitations. You can submit a Claim for Damage form or you may call the City Clerk’s Office at 208-234-6163 or the Deputy Risk Manager at 208-234-6507. You must file a Claim for Damage within 180 days from the date of the incident per the Idaho Tort Claims Act.

Will an attorney from your department represent me?

No. The attorneys are the attorneys for the municipal corporation, the City of Pocatello. The civil attorneys represent the City Council and the Mayor. The criminal prosecuting attorneys represent the State of Idaho and if applicable, the victim.