Preliminary Hearing
A Preliminary Hearing must be set within 10 days of
the Initial Appearance if the defendant is being held,
or 20 days if the defendant has been released.
If a defendant was not indicted by a grand jury, then
the defendant has a right to a Preliminary Hearing
unless a Trial Information is filed or the Preliminary
Hearing is waived.
If from the evidence it appears that there is probable
cause to believe that an offense has been committed
and that the defendant committed it, the magistrate
shall order the defendant to attend further
proceedings. The State is allowed to use hearsay
evidence at this hearing, and the required probable
cause must be based on "substantial evidence." The
defendant may cross-examine witnesses and may
introduce evidence on the defendant's own behalf,
including the defendant's own witnesses.
Generally, defendants have their attorneys chosen
prior to the preliminary hearing. Once an attorney is
hired or appointed, he will file his Appearance, letting
the judge know that the defendant has found a lawyer.
Usually, the preliminary hearing is waived and the
State files a Trial Information.
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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the Initial Appearance if the defendant is being held,
or 20 days if the defendant has been released.
If a defendant was not indicted by a grand jury, then
the defendant has a right to a Preliminary Hearing
unless a Trial Information is filed or the Preliminary
Hearing is waived.
If from the evidence it appears that there is probable
cause to believe that an offense has been committed
and that the defendant committed it, the magistrate
shall order the defendant to attend further
proceedings. The State is allowed to use hearsay
evidence at this hearing, and the required probable
cause must be based on "substantial evidence." The
defendant may cross-examine witnesses and may
introduce evidence on the defendant's own behalf,
including the defendant's own witnesses.
Generally, defendants have their attorneys chosen
prior to the preliminary hearing. Once an attorney is
hired or appointed, he will file his Appearance, letting
the judge know that the defendant has found a lawyer.
Usually, the preliminary hearing is waived and the
State files a Trial Information.
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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