Criminal Proceedings

Arrest and Resisting A peace officer can make the arrest with or without a warrant but must inform you the following; the intention to arrest, the reason for the arrest, that the person making the arrest is a peace officer and the requirement that the arrested person must submit to the officer’s custody. Resisting or interfering with a peace officer acting within their lawful duty may be cited for resisting arrest, which is a separate criminal violation.

Right to Remain Silent Under Miranda rule, if you are put under custodial interrogation by a peace officer, then you must be informed that you have; the right to remain silent, any statement you make may be used against you, you have right to counsel, and if you cannot afford an attorney one will be appointed to represent you.

Right to Attorney The Sixth Amendment guarantees an accused person the right to the assistance of an attorney. Only those people charged with felonies and indictable misdemeanors will be appointed a court-appointed attorney. Court-appointed counsel is no longer free in Iowa. You must reimburse the State for the cost of your representation.

Initial Appearance If you are arrested then you must be brought before a magistrate or judge within 4 days. At an initial appearance, you will be informed of your right to counsel and will be appointed an attorney if you can demonstrate that you are indigent. You will also be given a copy of the complaint made against you and your bond conditions will be set.

Bail At an initial appearance, the judge will set your bail or bond conditions. Judge will consider… Length of time in the community Whether you have property ties in the community Your employment Whether you have a past record of failing to appear Prior criminal record Crime being charged If you are not satisfied with the conditions of your bond, you can ask the court for a bond-reduction hearing.

Preliminary Hearing and Arraignment If you request a preliminary hearing during an initial appearance, then the state must prove that there is a probable cause to believe that a crime was committed and that you committed it. If you are charged with an indictable offense, then you must be arranged either in open court or in writing. You must then enter one of three pleas; guilty, not guilty, or former conviction/acquittal.