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Basic criminal case

Every state has approximately the same procedures, calling the steps something different, or sometimes putting one procedure combined with another. But, it is basically the same procedures for a felony case everywhere you go. Here is the way it works in Iowa. 1) The arrest, because of a complaint or a warrant 2) Within about 24 hours is the initial appearance, where the offender appears in front of a judge to hear the initial charges, get the name right, and be advised about an attorney, and set bail. 3) In Iowa, the State has 45 days (10 if in custody) to file the formal charges (if there is probable cause), which is in the form of a document spelling out exactly what they did, who the witnesses are, and the evidence against the offender. Some states, and sometimes in Iowa, they convene a petit jury, or grand jury to decide whether there is probable cause. 4) The arraignment is next. That is when the offender pleads guilty or not guilty to the formal charge or charges. All of his or her rights are to be spelled out whether he pleads guilty or not guilty. (right to a trial, right to counsel, right to remain silent, right to a jury, etc. ) 5) A pre-trial is a short hearing. Thats next. The judge finds out if there is to be a trial, how long it might take, how many witnesses, are there any discovery problems, etc. (kind of a status hearing to see where everyone is at) and to set a trial date. 6) Trial takes place.

Orif the offender pleads guilty at #4, then a sentencing date it set.

In between these various steps, negotiations are taking place (maybe) as to a plea agreement. Discovery, depositions, investigations, conferences with the client, etc.

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