If a shoplifter is on video pushing the goods down their pants and leaving the store, a confession is of little value, so the officer may not even bother with the Miranda Warning or getting a statement from the defendant. But if you are questioned, it is best to tell law enforcement you would prefer to talk to your attorney before making a statement. Even well intentioned defendants can make matters worse by being misunderstood. Cop, later at trial to the Judge: "When accused of murder, the defendant said- I killed him". From the movie My Cousin Vinny?
In Iowa defendants are normally seen by a Judge within 24 hours of arrest. Often it is via a video link with the Judge from jail. The Iowa Magistrate Judge will inform the defendant of the nature of the charges and provide a written copy of the complaint, inform them of their right to be represented by an attorney, their right to have an attorney appointed to represent them if they cannot afford one, see Gideon vs.
The magistrate will also discuss pre-trial release , conditions of release, the right not to make a statement, allowing time to retain counsel. The magistrate also schedules or agrees to waive a preliminary hearing.
Jail and Arrest Information - Sheriff’s Office - Polk County Iowa
This usually seems like a blur to the defendant but it is a procedural requirement designed to protect you and give you the opportunity to start thinking about your defense. The preliminary hearing is normally scheduled within 10 days if the defendant is in custody and 20 if not. It is a probable cause hearing to determine if the defendant should be held or released. Since probable cause is a much lower standard than guilt beyond a reasonable doubt , often the parties agree there was probable cause and your attorney will agree to waive the hearing so it is not held.
The next step is the filing of a trial information by the county attorney or in some cases an Indictment by the Grand Jury. Most cases do not require a Grand Jury. If the county attorney is not certain whether charges should be brought they may take the case to the grand jury to decide. Although critics have often observed that "a good prosecutor could get a grand jury to indict a ham sandwich", a grand jury indictment can seem to carry more weight than an information.
The trial information includes summaries of what witnesses are expected to testify to. This gives the defendant an opportunity to rebut the witnesses through their own evidence. If the prosecutor wants to add more witnesses later, they have to do it at least 10 days before trial so the defendant has time to react.
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The state has 45 days to file the trial information or indictment. If the trial information is filed first there is no need for a preliminary hearing. See Furgison v. A criminal arraignment is a formal reading of the charges to the defendant. It is often handled in writing with no need for a court appearance, and if you have an attorney you may be able to submit a written arraignment form entering a plea of not guilty.
Arraignment is required in order for the case to proceed except in simple misdemeanor cases. At arraignment, the defendant can either demand or waive their right to a speedy trial. If the defendant does not have an attorney they will be informed of their right to counsel , the trial information is read or the reading is waived, the defendant confirms they have been charged in the correct name and enters a plea or if they do not enter a plea the court will enter a plea of not guilty.
Typically the only plea the Judge wants to hear at this point is not guilty because it is too early for the defendant to have had adequate time to consult with their attorney and make an informed decision about how to proceed. The last thing the judge wants is for a plea of guilty to be overturned, perhaps months later when witness recollections may be diminished or evidence unavailable.
So every time you see the media report "the defendant entered a plea of not guilty" on a high profile case, typically that means it is just too early, many will later plead guilty in due course. Bond conditions are normally continued at the arraignment and pre trial and trial dates are set. Iowa Rule of Criminal Procedure 2. When the defendant requests documents from the state, the state also gets to discover documents held by the defense, so it is a tactical decision whether to request documents.
A request for depositions by the defendant similarly enables the state to depose defense witnesses, if it chooses. The Iowa rules of criminal procedure also allow 40 days from the arraignment for the defendant to file discovery requests. The Iowa rules of criminal procedure also allow 40 days from the arraignment for the defendant to file pre-trial motions. Motions to exclude evidence from trial suppress called Motions in Limine must be filed at least 9 days before trial. The defendant can also file a motion to change venue or Judge, or sever charges or defendants.
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