Initial Appearance
The Iowa Rules of Criminal Procedure require that an
officer making an arrest with or without a warrant shall
take the arrested person without unnecessary delay
before a committing magistrate. Usually this hearing
takes place the morning following arrest, and may
take place over a closed-circuit television system.
The magistrate holding this hearing will inform the
defendant of his right to counsel, the defendant's right
to request court-appointed counsel if he is eligible,
and the general circumstances under which the
defendant may secure pretrial release. Usually
pretrial release is secured by posting "bail" or "bond."
Often times in smaller crimes the magistrate will
release a defendant without bail, or "release on his
own recognizance."
The magistrate will inform the defendant of his right to
have the bond conditions reviewed, and a copy of the
criminal complaint will be handed to the defendant.
The magistrate will state that anything the defendant
says can be used against him, and that no statement
needs to be made by the defendant regarding the
circumstances of the crime.
The defendant may also be asked if the
contact/personal information on the complaint is
accurate and complete.
Sometimes the magistrate will ask the defendant if he
wishes to plead guilty to the offenses. Before
entering a guilty plea, it is always a good idea to
discuss the case with an attorney practicing in criminal
defense. When a guilty plea is entered, it should be
considered final. It is very difficult, if possible at all, to
withdraw a guilty plea.
At the initial appearance, the magistrate will inform the
defendant of the date of his Preliminary Hearing.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
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officer making an arrest with or without a warrant shall
take the arrested person without unnecessary delay
before a committing magistrate. Usually this hearing
takes place the morning following arrest, and may
take place over a closed-circuit television system.
The magistrate holding this hearing will inform the
defendant of his right to counsel, the defendant's right
to request court-appointed counsel if he is eligible,
and the general circumstances under which the
defendant may secure pretrial release. Usually
pretrial release is secured by posting "bail" or "bond."
Often times in smaller crimes the magistrate will
release a defendant without bail, or "release on his
own recognizance."
The magistrate will inform the defendant of his right to
have the bond conditions reviewed, and a copy of the
criminal complaint will be handed to the defendant.
The magistrate will state that anything the defendant
says can be used against him, and that no statement
needs to be made by the defendant regarding the
circumstances of the crime.
The defendant may also be asked if the
contact/personal information on the complaint is
accurate and complete.
Sometimes the magistrate will ask the defendant if he
wishes to plead guilty to the offenses. Before
entering a guilty plea, it is always a good idea to
discuss the case with an attorney practicing in criminal
defense. When a guilty plea is entered, it should be
considered final. It is very difficult, if possible at all, to
withdraw a guilty plea.
At the initial appearance, the magistrate will inform the
defendant of the date of his Preliminary Hearing.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
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