Prosecutor's Office

Mariah R. Dunham, Prosecuting Attorney

HOURS:
Monday - Friday
9:00 am - 5:00 pm

PHONE:
(208) 245-2564

ADDRESS:

701 W. College Avenue, Suite 201
St. Maries, Idaho 83861

EMAIL:
prosecutor@benewahcounty.org



Vision

Seeking fair and equal justice in the prosecution of crimes while protecting the rights of crime victims and serving the public with integrity.

Mission

To ensure public safety, in partnership with law enforcement, by seeking justice in the prosecution of criminal cases and advocating on behalf of Benewah County by engaging in a wide spectrum of government and civil practice.

Values

Public Safety                                                                               Integrity
Respect                                                                                       Professionalism
Service                                                                                        Support Crime Victims
Transparency                                                                              Accountability

About Us

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

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.

Frequently Asked Questions
Commonly Used Terms

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 7th Avenue and College Avenue.

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

Victim Assistance

Crime Prevention







CHILD ABUSE






















































ELDER ABUSE



LAW ENFORCEMENT

Please don’t hesitate to dial 911 where circumstances require immediate attention. In other circumstances, each agency listed below has dedicated, trained detectives to investigate a suspected crime. The Benewah County Prosecutor’s Office receives and screens reports for criminal charges after an investigation is complete.


CHILD ABUSE

Unfortunately, child abuse happens in our community. Because of the nature of these cases, our office has a team of trained and experienced prosecutors who focus solely on the prosecution of child abuse and sexual assault crimes. Child abuse cases involve situations from injury to a child, to sexual abuse and exploitation of a child.

FORMS OF VICTIMIZATION

 ·             Physical: Punching, beating, kicking, biting, burning, hitting, or otherwise harming a child, that is inflicted by a parent, caregiver, or other person
·              Neglect: is the failure of a parent, guardian, or other caregiver to provide for a child’s basic needs
·              Sexual Abuse: includes acts such as soliciting a minor to participate in a sexual act, having sexual contact with a minor child, making photographic or electronic recordings of a child, or permitting a child to witness an act of sexual conduct.
·              Emotional/Psychological Abuse: may include threats, constant criticism, withholding love or support.

MANDATORY REPORTING

Idaho is a Mandatory Report state. This means if you have reason to believe “a child under the age of 18 years has been abused, abandoned or neglected, or if you observe the child being subjected to conditions or circumstances that would reasonably result in abuse, abandonment or neglect, you shall report or cause to be reported within 24 hours such conditions or circumstances to the proper law enforcement agency or department.” (Idaho Code16-1605).

You must report to the Idaho Department of Health and Welfare or to your local law enforcement agency.

Idaho Health and Welfare
Phone (855) 552-5437
Website https//healthwelfare.idaho.gov//

Benewah County Sheriff’s Office
Benewah County Courthouse
701 W. College Avenue, Suite 301
St. Maries, Idaho 83861
Phone (208) 245-2555

St. Maries Police Department
St. Maries City Hall
602 W. College Avenue
St. Maries, Idaho 83861
Phone (208) 245-5102

Coeur d’Alene Tribal Police
125 S. 10th Street
Plummer, Idaho 83851
Phone (208) 686-2050

Plummer Police Department
Plummer City Hall
880 C. Street
Plummer, Idaho 83851
Phone (208) 686-1641

Idaho State Police District 1
615 West Wilbur Avenue
Coeur d'Alene, Idaho 83815
Phone (208) 209-8730

ELDER ABUSE

Vulnerable adults and elderly citizens deserve protection.  The Benewah County Prosecutor’s Office takes these cases seriously. In order to hold accountable those who abuse vulnerable adults, our office utilizes various criminal statutes, such as Idaho Code 18-1505, which makes it a crime to abuse, exploit, or neglect a vulnerable adult.

If you believe a vulnerable adult you know is being abused or neglected, please contact law enforcement.

FORMS OF VICTIMIZATION

·                Physical
·                 Psychological/Emotional
·                 Financial
·                 Sexual
·                 Neglect

WARNING SIGNS OF ELDER ABUSE

Be aware of the following indications or forms of abuse:

 ·                Physical: Unexplained bruises, welts or scars.
·                 Emotional: Caretaker threatens, belittles or uses controlling behavior
·                 Financial: Large withdrawals from elder’s accounts, suspicious changes in wills, power of attorney, items or cash missing from the household
·                 Neglect: Unusual weight loss, bed sores, unsanitary living conditions, malnourished

REPORTING OPTIONS

                   Area Agency on Aging of North Idaho
                   Sage Stoddard, Director
                   
402 W. Canfield Suite 1
                   Coeur d’Alene, ID 83815
                   Phone (208) 667-3179 or (800) 786-5536
                   Website https//www.aaani.org
                   Email infoassist@nic.edu

Law Enforcement

Please don’t hesitate to dial 911 where circumstances require immediate attention. In other circumstances, each agency listed below has dedicated, trained detectives to investigate a suspected crime. The Benewah County Prosecutor’s Office receives and screens reports for criminal charges after an investigation is complete.

Benewah County Sheriff’s Office
Benewah County Courthouse
701 W. College Avenue, Suite 301
St. Maries, Idaho 83861
Phone (208) 245-2555 

St. Maries Police Department
St. Maries City Hall
602 W. College Avenue
St. Maries, Idaho 83861
Phone (208) 245-5102 

Coeur d’Alene Tribal Police
125 S. 10th Street
Plummer, Idaho 83851
Phone (208) 686-2050 

Plummer Police Department
Plummer City Hall
880 C. Street
Plummer, Idaho 83851
Phone (208) 686-1641

Idaho State Police District 1
3615 West Wilbur
Coeur d'Alene, Idaho 83815
Phone (208) 209-8730

COMMUNITY RESOURCES


The most difficult step is often the first step. Please consider the following organizations for more information and resources as you navigate your particular situation.

Benewah County Board of Community Guardians
Benewah County Courthouse
701 W. College Avenue, Suite 201
St. Maries, Idaho 83861
Phone (208) 245-2564

Area Agency on Aging of North Idaho
Sage Stoddard, Director402 W. Canfield Suite 1
Coeur d’Alene, ID 83815
Phone (208) 667-3179 or (800) 786-5536
Website https//www.aaani.org
Email infoassist@nic.edu

Idaho Caregiver Alliance
Website https://idahocaregiveralliance.com/

Idaho Guardian and Fiduciary Association
Website https://idahoguardianship.org/

Idaho Sex Offender Registry
Website https://www.isp.idaho.gov/sor_id/search.html

Victim Rights

No Contact Order vs. Protection Order
Restitution - Damages & Lost Wages Form
Victims Rights Notification & Notification to Court Form
Victim Bill of 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:

·                 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:

Idaho State Bar (208) 334-4500
Idaho Legal Aid Services, Inc. (208) 667-9559
Idaho Volunteer Lawyers Program (208) 334-4510

Victim Resources, Contacts and Links


Victim Compensation; Financial Assistance Program to Help Crime Victims Recover




Victim Resources; Community Businesses & Service Providers for Crime Victims











Victim Notification; Receive Offender Custody Status Notification & Info




https://crimevictimcomp.idaho.gov/

Victim's Crime Compensation Application



Heritage Health
120 S. 13th Street
St. Maries, Idaho 83861
Phone (208) 620-5250
Email info@myheritagehealth.org

Safe Passage
850 N. 4th Street
Coeur d'Alene , IDaho 83814
Phone (208) 664-9303
Email safety@safepassageid.org

https://vinelink.com/classic/#/home

Domestic Violence Case Orientation & Victim Services Program

One of the missions of the Benewah County Prosecutor’s Office is to hold domestic violence offenders accountable for their criminal conduct, while at the same time providing resources and assistance to victims that will enable them to make safe choices for themselves and their families.The Benewah County Prosecutor’s Office Victim Services program offers domestic violence victims the opportunity to obtain community resource information the day after an offender has been arrested for domestic violence. It also provides victims with an overview of the criminal court process so that victims know what to expect through the process. This program is available for victims in all felony domestic violence cases and for victims in misdemeanor domestic violence cases handled by the Benewah County Prosecutor’s Office. Victim Services provides domestic violence victims with community resource information immediately following an arrest in order to address their needs as quickly as possible. Victims will also obtain assistance understanding the court process, which will help make a domestic violence victim’s journey through the criminal justice system less daunting. A victim’s participation in this program is completely voluntary. If a victim is unable to contact Victim Services the day after the offender is arrested, the victim can choose to contact Victim Services on a different day by contacting the unit at the Benewah County Prosecutor’s Office.

Victim Impact Statements

At sentencing, every victim of a crime is given the opportunity to submit and/or speak before the court about how they were impacted by the crime done to them. A prosecutor or designated family member can read the statement before the court if the victim wishes for that.

Resource Numbers

Benewah County Sheriff’s Office (208) 245-2555
St. Maries City Police (208) 245-5102
Coeur d’Alene Tribal Police (208) 686-2050
Plummer City Police (208) 686-1641
Idaho State Police (208) 209-8730
Domestic Violence Legal Advice Line (877) 500-2980
Adult Protection (208) 667-3179 or (800) 786-5536
Health and Welfare Child Protection (855) 552-5437
Idaho Council on Domestic Violence (208) 332-1540
Idaho Department of Corrections / Victim Services (208) 605-4774
Idaho Parole Commission / Victim Services (208) 334-2520
Idaho Volunteer Lawyers (208) 334-4510
Legal Aid (208) 667-9559 

Hotlines

Idaho Care Line –United Way dial 2-1-1
Idaho Suicide Prevention Hotline (800) 273-8255 or text (208) 398-4357
Safe Passage (208) 664-9303
Love is Respect (866) 331-9474
National Domestic Violence Hotline (800) 799-7233
National Suicide Prevention Lifeline (800) 273-8255
Rape Crisis Hotline (208) 345-7273
Victim Connect Resource Center (855) 484-2846
Valley Crisis Center Crisis Line (208) 465-5011
Women and Children’s Alliance Domestic Abuse (208) 343-7025

Links

State and Local Links

·                 Family Advocate Program https://www.familyadvocates.org/programs/
·                 Idaho CareLine https://healthandwelfare.idaho.gov/services-programs/211
·                 Idaho Commission of Pardons & Parole http://parole.idaho.gov/
·                 Idaho Council on Domestic Violence/Victim Assistance http://icdv.idaho.gov/
·                 Idaho Court Assistance Office http://www.courtselfhelp.idaho.gov/
·                 Idaho Department of Corrections http://www.idoc.idaho.gov/

National Links

·                 Love is Respect http://www.loveisrespect.org/
·                 Mothers Against Drunk Driving http://madd.org
·                 National Center for Missing & Exploited Children http://www.ncmec.org/
·                 National Center for Victims of Crime http://www.victimsofcrime.org/
·                 National Coalition Against Domestic Violence http://www.ncadv.org/
·                 National Network to End Domestic Violence http://www.nnedv.org/
·                 NOVA https://trynova.org//
·                 Office for Victims of Crime http://www.ojp.gov/ovc/
·                 Parents of Murdered Children http://www.pomc.com/

NEWS

Law Day Recap