Running Head: UNIT #9 PROJECT

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UNIT #9 PROJECT

2012) The 2nd step is the Preliminary Hearing. In terms of the patchwork of steps. the 24 hour time ideal may be reasonably extended without punitive consequences. including restraint of the person or the person's submission to custody. An arrest starts the CJ process. In reality. the Judge may allow the defendant to plea at the initial appearance. the Intake Judge will inform the arrested individual of the charges which triggered his/her arrest. Under the law. it is within the Intake Judge’s discretion to consider bail or ROR for the defendant. When the Initial Appearance occurs.5. 2012). Criminal violations are divided into misdemeanors and felonies with codified penalties. Additionally. Although the criminal defendant is entitled to a preliminary hearing. Arrest is defined as "the taking of a person into custody when and in the manner authorized by law. system The path of the criminal defendant in the American Criminal Justice system is a rather rigid progression. The defendant will be given a written copy of criminal complaint. depending on judicial scheduling and the unenviable consequence being arrested on a Friday or a Saturday. in most cases the “Prelim” is waived by the defendant. the preliminary hearing is an informal “probable cause” determination by the Court that a crime had been committed and the defendant is responsible for it. their appearance could be delayed until Monday.J. The 1st step in the CJ system is the Initial Appearance. Criminal charges are brought by the state for violations of a criminal law or an ordinance. the preliminary hearing is to be held no later than 10 days after the initial appearance if the defendant ." (Iowa Code §804. Ideally. For these individuals. (Peterson. For minor offenses.2 UNIT #9 PROJECT UNIT #9 PROJECT Explain the steps a criminal defendant may go through in the American C. a person arrested will appear before a Judge within twenty four (24) hours.

these are soft limits and can be extended for good cause.2d 124 (Iowa 1975).W. If the Indictment is filed after the 45 days without a good explanation by the County Attorney. the 4th Step. This is hard / absolute deadline that is required of the County Attorney charging the defendant with a crime. occurs. Indictment must occur within forty-five (45) days after arrest. this can be amended before or during trial provided the defendant's rights are protected and not overlooked. Lyles. the charge will be dismissed with prejudice which means it cannot be filed again. The 3rd Step is the indictment. After a criminal indictment is properly filed. an arraignment. As with the caveat with the appearance. Per State v. a defendant can be released at preliminary hearing if the Court determines a lack of probable cause. The Code of Iowa provides no specific timing . minutes of testimony aka minutes of evidence must be attached. Failure to file the minutes of testimony with the indictment can be the cause of a dismissal upon a motion of the defendant’s attorney. Possible reasons for a dismissal would a viable defense or the paperwork is flawed. Along with the indictment. If the witnesses are listed on the minutes of evidence but the testimony is being amended. 2012) If additional witnesses are needed by the State and are not in the minutes of evidence.3 UNIT #9 PROJECT is in custody or no later than 20 days if the defendant is out of custody. these witnesses must be provided to the Defendant and his legal team no later than 10 days prior to trial. (Gourley. These minutes include a full and fair statement of expected witness testimony and must be sufficient to alert the defendant’s attorney as to the source and nature of evidence against his / her client. Occasionally. an arraignment is a statutory pre-requisite to trial for all offenses other than simple misdemeanor. 225 N. The Judge on the Criminal rotation determines if the evidence contained in the indictment and attached minutes of testimony would warrant a conviction by a jury.

) . e.4 UNIT #9 PROJECT requirements of arraignment but it must be conducted as soon as practicable and reasonable. In some outer Iowa counties. a not guilty plea is entered by the court. This is predicated upon the Constitutional right of a “speedy trial. f.8(1)). Trial and pretrial dates are requested to be set. (Guide to the Iowa Court System. If the defendant does not enter a plea. criminal defendants always have the opportunity to “waive their rights. c. are requested to be continued. b. In Polk County. there must be a trial date within ninety (90) days from the day of the indictment. The defendant is allowed to enter a plea.” Such wavier can apply to their right of a speedy trial. The trial information (or indictment) is either read to the defendant or the defendant waives the reading. Bond conditions. he is advised of the right to counsel and one appointed if he qualifies as indigent.R. d. The defendant will state whether or not he is charged in his true and correct name. as we have learned over and over in CJ. if they so desire. 2012. (I. 2. If the defendant does not have counsel. The elements of an arraignment consist of the following: a. 2012) If the defendant enters a “non-guilty” plea at the arraignment. the criminal defendant.Cr. indicating that he has been provided a copy of the trial information and has read the trial information. may waive formal arraignment and plead not guilty by submitting a written arraignment form.P. if represented by counsel. if applicable. the criminal defendant must appear in person for the arraignment.” Of course.

225 N. Iowa Rules of Criminal Procedure.grllaw. §2.5 UNIT #9 PROJECT REFERENCES Gourley.gov Iowa Code § 804.iowacourts.W. Lyles.robertpetersonlaw. Rehkemper & Lindholm PLC .2d 124 (Iowa 1975). .com/CM/Custom/Criminal-Procedure-Timeline.Attorneys at Law retrieved from www.com State v.5 (2012).8(1)) (2012) The Code of Iowa Robert Peterson Law Firm website retrieved from www.asp Guide to Iowa’s Court System (2012) Retrieved from www.

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