Case Information


CR42-22-6174 | State of Idaho Plaintiff, vs. Richard Silvaz, Jr Defendant.

Case Number
CR42-22-6174

Court
Twin Falls County District Court

Judicial Officer
Hancock, R. William

File Date
07/22/2022

Case Type
Criminal

Case Status
Closed

Party

State
State of Idaho

 

Active Attorneys

Attorney
Loebs, Grant P.
Attorney
Ehlers, Suzanne Elizabeth
Attorney
Sweesy, Jill C.
Lead Attorney
Harrington, Jethelyn Kay Haverfield

Defendant
Silvaz, Richard, Jr

DOB
XX/XX/1995

 

Active Attorneys

Attorney
Hilverda, Brian James

Retained

Lead Attorney
McRae, Steven Rey

Retained

Inactive Attorneys

Attorney
Calbo, Christopher Bradley

Retained

Attorney
Office of the Public Defender-Twin Falls

Public Defender

Charge

Charges
Silvaz, Richard, Jr
  DescriptionStatuteLevelDate
1Driving Under the Influence - Previously Found Guilty of a Prior Felony Within 15 YearsI18-8005(9)Felony07/21/2022
2Driving Without PrivilegesI18-8001(1)(a)Misdemeanor07/21/2022
3Evidence-Destruction, Alteration or ConcealmentI18-2603 {F}Felony07/21/2022
4Officer-Flee or Attempt to Elude a Police Officer in a Motor VehicleI49-1404(2)Felony07/21/2022
5Alcoholic Beverage-Consume or Possess Open Container by DriverI23-505(2)_MMisdemeanor07/21/2022

Bond Settings


Setting Date
7/22/2022

Disposition Events

03/20/2023 Plea

Judicial Officer
Dunn, Stephen S.

1
Driving Under the Influence - Previously Found Guilty of a Prior Felony Within 15 Years
Guilty
4
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Guilty

11/21/2022 Plea

Judicial Officer
Harris (District), Roger B.

1
Driving Under the Influence - Previously Found Guilty of a Prior Felony Within 15 Years
Not Guilty
2
Driving Without Privileges
Not Guilty
3
Evidence-Destruction, Alteration or Concealment
Not Guilty
4
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Not Guilty
5
Alcoholic Beverage-Consume or Possess Open Container by Driver
Not Guilty

05/30/2023 Disposition

Judicial Officer
Harris (District), Roger B.

1
Driving Under the Influence - Previously Found Guilty of a Prior Felony Within 15 Years
Guilty (Plea Agreement)
4
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Guilty (Plea Agreement)

05/31/2023 Disposition

Judicial Officer
Harris (District), Roger B.

2
Driving Without Privileges
Dismissed on Motion of Prosecutor
3
Evidence-Destruction, Alteration or Concealment
Dismissed on Motion of Prosecutor
5
Alcoholic Beverage-Consume or Possess Open Container by Driver
Dismissed on Motion of Prosecutor

05/30/2023 Felony Sentence

1
Driving Under the Influence - Previously Found Guilty of a Prior Felony Within 15 Years
Felony Sentence

Fee Totals

Due: 08/29/2023


$290.50

$1,000.00


Fee Totals

$1,290.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 05/30/2023

Determinate: 3 Years

Indeterminate: 7 Years

Concurrent with case CR42.21.10663

Pre-Sentence Credit for Time Served


05/30/2023 Felony Sentence

4
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Felony Sentence

Fee Totals

Due: 08/29/2023


$245.50


Fee Totals

$245.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 05/30/2023

Determinate: 3 Years

Indeterminate: 2 Years

Concurrent with case CR42.21.10663

Concurrent with other charge – this case

Pre-Sentence Credit for Time Served


05/31/2023 Amended Felony Sentence

Amend Reason
Court Ordered

1
Driving Under the Influence - Previously Found Guilty of a Prior Felony Within 15 Years
Felony Sentence

Fee Totals

Due: 08/29/2023


$290.50

$1,000.00


Fee Totals

$1,290.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 05/30/2023

Determinate: 3 Years

Indeterminate: 7 Years

Concurrent with case CR42.21.10663

Pre-Sentence Credit for Time Served


Fee Totals

Due: 08/29/2023


$100.00


Fee Totals

$100.00

Events and Hearings


  • 07/22/2022 Initial Appearance - Felony Magistrate Court

    Original Type
    Initial Appearance - Felony Magistrate Court

    Judicial Officer
    Harmer, Benjamin D.

    Hearing Time
    1:00 PM

    Result
    Hearing Held

    Comment
    F-New (Judge Campbell)

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Loebs, Grant P.

    Defendant: Silvaz, Richard, Jr

  • 07/22/2022 New Case - Criminal

  • 07/22/2022 Criminal Complaint

  • 07/22/2022 Idaho Code 18-8002 Advisory form

    Comment
    (refusal)

  • 07/22/2022 Probable Cause Affidavit in Support of Arrest

  • 07/22/2022 Sheriff's Inmate Screening Report

  • 07/22/2022 Vertical Judge Selected

    Comment
    Harris

  • 07/22/2022 County Jail Packet

  • 07/22/2022 Notification of Rights

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 07/22/2022 Court Minutes

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 07/22/2022 Bond Set

    Judicial Officer
    Kershaw, Thomas D., Jr

    Comment
    $250,000

  • 07/22/2022 Order Appointing Public Defender

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 07/22/2022 Notice of Remote Hearing

    Judicial Officer
    Kershaw, Thomas D., Jr

  • 07/25/2022 Response to Request for Discovery

  • 07/25/2022 Request for Discovery

  • 07/29/2022 Request for Discovery

  • 07/29/2022 Response to Request for Discovery

  • 07/29/2022 Supplemental Response to Request for Discovery

  • 08/04/2022 Waiver of Time for Preliminary Hearing

    Comment
    Time Waiver for Preliminary Hearing

  • 08/04/2022 Motion to Continue

    Comment
    Motion to Continue Preliminary Hearing

  • 08/04/2022 Order to Continue

    Judicial Officer
    Campbell, Calvin H.

    Comment
    Order Granting Continuance of Preliminary Hearing

  • 08/04/2022 Supplemental Response to Request for Discovery

  • 08/04/2022 Notice of Remote Hearing

  • 08/04/2022 Amended Complaint Filed

  • 08/17/2022 Supplemental Response to Request for Discovery

  • 08/17/2022 Summary of Expected Expert Testimony

    Comment
    of Expert Witness Tamara Salazar

  • 09/13/2022 Substitution of Counsel

  • 09/13/2022 Request for Discovery and Inspection

  • 09/13/2022 Response to Request for Discovery

    Comment
    and Inspection

  • 09/14/2022 Supplemental Response to Request for Discovery

  • 09/14/2022 Response to Request for Discovery

  • 09/16/2022 Preliminary Hearing

    Original Type
    Preliminary Hearing

    Judicial Officer
    Campbell, Calvin H.

    Hearing Time
    8:15 AM

    Result
    Hearing Continued

    Comment
    (Harris)

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Harrington, Jethelyn Kay Haverfield

  • 09/16/2022 Court Minutes

  • 09/16/2022 Continued

  • 09/16/2022 Notice of Remote Hearing

  • 10/06/2022 Waiver of Preliminary Hearing

    Comment
    Waiver of Preliminary Hearing

  • 10/06/2022 Order Waiving Preliminary Hearing (Written Waiver)

    Judicial Officer
    Campbell, Calvin H.

  • 10/06/2022 Preliminary Hearing Waived (Bound Over)

  • 10/07/2022 Preliminary Hearing

    Judicial Officer
    Campbell, Calvin H.

    Hearing Time
    8:15 AM

    Cancel Reason
    Vacated

  • 10/18/2022 Felony Information Filed

  • 10/18/2022 Notice of Hearing

  • 10/25/2022 Substitution of Counsel

    Comment
    Stipulation for

  • 10/28/2022 Request for Discovery

  • 11/01/2022 Response to Request for Discovery

  • 11/01/2022 Supplemental Response to Request for Discovery

  • 11/07/2022 Arraignment - District Court

    Original Type
    Arraignment - District Court

    Judicial Officer
    Harris (District), Roger B.

    Hearing Time
    8:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Ehlers, Suzanne Elizabeth

    Defendant: Silvaz, Richard, Jr

    Attorney of Record: McRae, Steven Rey

  • 11/07/2022 DC Hearing Held: Court Reporter: # of Pages:

    Judicial Officer
    Harris (District), Roger B.

    Comment
    Jackie Walters

  • 11/07/2022 Court Minutes

    Judicial Officer
    Harris (District), Roger B.

  • 11/07/2022 Notice of Hearing

    Judicial Officer
    Harris (District), Roger B.

  • 11/21/2022 Entry of Plea

    Original Type
    Entry of Plea

    Judicial Officer
    Harris (District), Roger B.

    Hearing Time
    10:15 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Sweesy, Jill C.

    Defendant: Silvaz, Richard, Jr

    Attorney of Record: Hilverda, Brian James

  • 11/21/2022 DC Hearing Held: Court Reporter: # of Pages:

    Judicial Officer
    Harris (District), Roger B.

    Comment
    Jackie Walters

  • 11/21/2022 Court Minutes

    Judicial Officer
    Harris (District), Roger B.

  • 11/21/2022 Not Guilty Plea & Request for Trial

    Judicial Officer
    Harris (District), Roger B.

  • 11/21/2022 Notice of Hearing

    Judicial Officer
    Harris (District), Roger B.

  • 11/28/2022 Scheduling Order

    Judicial Officer
    Harris (District), Roger B.

    Comment
    Criminal Case Scheduling Order

  • 03/13/2023 Witness List

    Comment
    State's Witness List

  • 03/13/2023 Exhibit List/Log

  • 03/16/2023 Guilty Plea Advisory

    Comment
    Guilty Plea Advisory

  • 03/16/2023 Notice of Filing

    Comment
    Notice of Filing of Offer-Plea Agreement

  • 03/16/2023 PSI Face Sheet

  • 03/20/2023 Pre-trial Conference

    Original Type
    Pre-trial Conference

    Judicial Officer(s)
    Dunn, Stephen S., Harris (District), Roger B.

    Hearing Time
    4:00 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Harrington, Jethelyn Kay Haverfield

    Defendant: Silvaz, Richard, Jr

    Attorney of Record: McRae, Steven Rey

  • 03/20/2023 DC Hearing Held: Court Reporter: # of Pages:

    Judicial Officer
    Dunn, Stephen S.

    Comment
    Jackie Walters

  • 03/20/2023 Court Minutes

    Judicial Officer
    Dunn, Stephen S.

  • 03/20/2023 PSI Face Sheet

    Judicial Officer
    Dunn, Stephen S.

  • 03/20/2023 Order for Pre-Sentence Report (PSI)

    Judicial Officer
    Dunn, Stephen S.

  • 03/21/2023 Notice of Hearing

    Judicial Officer
    Dunn, Stephen S.

  • 03/21/2023 Supplemental Response to Request for Discovery

  • 03/30/2023 Jury Trial

    Judicial Officer
    Harris (District), Roger B.

    Hearing Time
    8:30 AM

    Cancel Reason
    Vacated

  • 05/23/2023 Pre-Sentence Report

  • 05/30/2023 Sentencing

    Original Type
    Sentencing

    Judicial Officer
    Harris (District), Roger B.

    Hearing Time
    2:45 PM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Harrington, Jethelyn Kay Haverfield

    Defendant: Silvaz, Richard, Jr

    Attorney of Record: McRae, Steven Rey

  • 05/30/2023 DC Hearing Held: Court Reporter: # of Pages:

    Judicial Officer
    Harris (District), Roger B.

    Comment
    Helen Miller

  • 05/30/2023 Court Minutes

    Judicial Officer
    Harris (District), Roger B.

  • 05/30/2023 Case Closed

  • 05/31/2023 Motion to Dismiss

    Comment
    Counts 2, 3 and 5

  • 05/31/2023 Order

    Judicial Officer
    Harris (District), Roger B.

    Comment
    Dismissing Counts 2,3 and 5

  • 05/31/2023 Judgment of Restitution

    Judicial Officer
    Harris (District), Roger B.

  • 05/31/2023 Judgment of Conviction

    Judicial Officer
    Harris (District), Roger B.

  • 06/07/2023 Supplemental Response to Request for Discovery

  • 02/06/2025 Affidavit & Notice of Failure to Pay

  • 04/21/2025 Account in Collections

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