Benewah County, ID

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Mariah R. Dunham, Prosecutor
Aaron Freudenthal, Deputy Prosecutor
Dori M. Randall, Legal Assistant, Office Manager and Victim Coordinator
Tina J. Howard, Legal Assistant
Marisa Christensen, Legal Assistant
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‍The Benewah County Prosecutor’s Office is dedicated to serving the citizens of Benewah County and keeping that community a safe place to live and work. We know how confusing and unsettling being a victim of a crime can be and understand that for many of you, finding yourself in contact with our office’s prosecutors, investigators or victim coordinators, will be your first experience doing so. That’s why we make every effort and have systems in place to help you understand the criminal court process as it goes along. We hope you learn more about our office as you visit this site. You can stay updated on what our office has been up to in our news section, learn about the resources available to victims or what prosecutors are legally able to help you with, among other helpful items. We hope you find the answers you need here, but if you don’t, please reach out to us and we will help you find your way to what you need.

CRIMINAL/JUVENILE PROSECUTOR’S DUTIES

Prosecutors in the criminal and juvenile divisions have different roles in the case process, like being part of the screening team, magistrate team, or domestic violence unit. No matter what part a prosecutor plays in the judicial process, the Benewah County Prosecutor’s main focus is on protecting the victim and society as a whole. Prosecutors dedicate hours reviewing evidence in every case and each offender’s criminal history to determine the most just sentencing recommendation that will protect society and deter the offender and public.

CIVIL PROSECUTOR’S DUTIES

Civil attorneys represent Benewah County in legal affairs, whether it’s performing transaction work or representing a county government agency in court. Civil attorneys draft advice and legal opinions to the county’s various agencies when a legal question arises and negotiate and prepare contracts, ordinances, and resolutions within the county.
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Court Information

Location            

          Benewah County Courthouse
          701 W. College Avenue (On the second floor)
          St. Maries, Idaho 83861                        

Parking is available in front of the Courthouse, along 7^th Avenue and College Avenue.

          Clerk’s Office            
          701 W. College Avenue Suite 203
          St. Maries, Idaho 83861            
          Phone (208) 245-3241

Victim Assistance

Victim Rights

Restitution

The Benewah County Prosecutor’s Office is committed to helping each and every victim recoup their financial loss associated with the crime committed against them. Our mission is to gather information from victims so we can request an order for restitution from the court and assist in the collection and distribution of restitution for victims of criminal conduct. We also assist in enforcing the financial obligation of defendants to pay in a timely manner to make victims financially whole.

What is Restitution?

Restitution is the recovery of an economic loss suffered as the result of the commission of a crime. Some examples include:
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·                 Medical expenses
·                 Counseling expenses
·                 Property Damage/Loss
·                 Loss of Wages

Who can request restitution?

Restitution is requested by people, businesses or entities for losses that would have not been incurred by the criminal conduct.

How do I seek restitution?

In order to seek restitution, we need documentaion of bills, receipts, statements or letters from a boss regarding lost wages or any type of document that can substantiate the loss(es) incurred.

Submit your documentation to the Benewah County Prosecutor’s Office by emailing prosecutor@benewahcounty.org

Or delivering to the Benewah County Prosecutor's Office located at:

          Benewah County Prosecuting Attorney’s Office            
          Benewah County Courthouse            
          701 W. College Avenue, Suite 201            
          St. Maries, Idaho 83861            
          Phone (208) 245-2564

What are your legal rights?

Idaho law provides that restitution shall be ordered in every case where a person is convicted of a crime involving a victim who suffered a loss. “Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order a defendant found guilty of any crime which results in an economic loss to the victim to make restitution to the victim.” (Idaho Code19-5304(2)).

If the offender is a juvenile, the parent is presumed to be jointly and severally liable for the restitution owed (Idaho Code 20-520(3)). This liability is not subject to the limitations outlined in Idaho Code 6-210.

Criminal Restitution is a permanent order that does not expire and is not dischargeable through bankruptcy (See generally Kelly v. Robinson, 479 U.S. 36(1986)). However, for a variety of reasons, such as the length of the sentence and ability to pay, the full amount may or may not be collected through the criminal process.

‍Any payment obtained through your independent efforts to execute on the civil judgment should be reported to the Benewah County Prosecutor’s Office or Benewah County Juvenile Probation, so that the respective Restitution Records may be kept current.

Enforcement of Judgments

A criminal or juvenile Order for Restitution is enforceable as a civil judgment (Idaho Code 19-5305). The law establishes procedures for the enforcement of civil judgments. More detail is available along with the statutory obligations in Idaho Code 11-101 to 11-609 and Idaho Rules of Civil Procedure, Rule 69.

Enforcing Your Order

The first step in enforcing a criminal restitution order is to obtain a certified copy of the Order for Restitution and Judgment, which can be obtained from the criminal/juvenile court that entered the order. There is a fee for the certified copy. The Benewah County Clerk can be reached at (208) 245-3241.

The official signed and certified document can be filed with the County Recorder. There is a recording fee. You or a representative may record the judgment 42 days after the entry of the Order (Idaho Code 19-5305(1)).

Recording the Order for Restitution converts it to a civil judgment, which is a debt you can then seek to collect. The lien resulting from recording the judgment continues until twenty (20) years from the date of the judgment (See Idaho Code 11-101). You will need to seek private legal advice regarding the procedures that allow execution on a civil judgment, including renewal of the civil judgment to extend the lien five (5) more years if any part of the debt remains unpaid (See Idaho Code 11-1110 and 10-1111). These efforts may include liens, wage garnishment and/or writs of execution. Please consult with your attorney about which collection method may be the best for you.

‍DISCLAIMER:The information contained on this page is not legal advice and is intended for informational purposes only. Consult an attorney to get complete, accurate, and current legal advice.

For assistance in finding an attorney, please feel free to contact the following:
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Idaho State Bar (208) 334-4500
Idaho Legal Aid Services, Inc. (208) 667-9559
Idaho Volunteer Lawyers Program (208) 334-4510
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