The Iowa Criminal Court Process

Being charged with a crime can be confusing, particularly if you have never been through the criminal court system before. Iowa criminal cases generally proceed through a series of stages, beginning with an initial appearance and continuing through arraignment, discovery, pretrial motions, plea negotiations, trial, and sentencing.

This page provides a general overview of the process for indictable criminal offenses in Iowa. The procedures governing these cases are primarily found in Chapter 2 of the Iowa Court Rules, the Iowa Rules of Criminal Procedure.

Initial Appearance

For someone who has been arrested, the initial appearance is generally the first court hearing in the criminal case. An arrested person must ordinarily be brought before a judge or magistrate within 24 hours, unless a magistrate is unavailable, and in all events within 48 hours.

The purpose of the initial appearance is not to determine guilt or innocence. The defendant is not asked to enter a plea at this stage.

Instead, the court advises the defendant of the charge, the right to an attorney, the right to remain silent, the circumstances under which pretrial release may be obtained, and the right to a preliminary hearing. The court also addresses whether the defendant will remain in custody or be released subject to bond or other conditions.

Depending on the charge, the court may also enter a no-contact order or impose other conditions while the case is pending.

Iowa Rule of Criminal Procedure 2.2(2)-(3).

Preliminary Hearing

A preliminary hearing is an early hearing used to determine whether there is probable cause to believe that an offense was committed and that the defendant committed it.

The standard at a preliminary hearing is not proof beyond a reasonable doubt. The court is not determining whether the defendant is guilty. Instead, the court determines whether sufficient probable cause exists for the case to continue.

At the hearing, the state may present evidence, and the defendant has the right to cross-examine witnesses and present evidence.

If the defendant remains in custody, the preliminary hearing generally must be held within 10 days after the initial appearance. If the defendant is not in custody, the general deadline is 20 days.

In practice, many defendants never have a preliminary hearing. The hearing does not occur if the state files a trial information or obtains an indictment before the preliminary hearing begins. A defendant may also waive the preliminary hearing.

Iowa Rule of Criminal Procedure 2.2(3)(e) and 2.2(4).

Trial Information and Minutes of Testimony

Most indictable criminal charges in Iowa are prosecuted through a document called a trial information rather than through a grand jury indictment.

The trial information formally identifies the offense or offenses the state intends to prosecute. The prosecutor submits the trial information along with the minutes of testimony, which identify the witnesses upon whose expected testimony the charge is based and provide a statement of what those witnesses are expected to say.

A judge reviews the trial information and supporting minutes. Before approving the trial information, the judge determines whether the minutes, if unexplained, would warrant a conviction by a trial jury.

This does not mean the judge has determined that the defendant is guilty. The trial information and minutes instead provide the formal basis for the prosecution to proceed.

These documents are important to the defense because they identify the state’s charging theory and provide an initial description of the evidence the state expects to present.

Iowa Rule of Criminal Procedure 2.5.

Arraignment

Arraignment occurs after the trial information or indictment has been filed.

At arraignment, the defendant is formally advised of the charge and called upon to enter a plea. In a contested criminal case, the plea is generally not guilty.

An arraignment does not always require the defendant to appear personally in court. Iowa procedure permits defense counsel to waive formal arraignment and enter a plea of not guilty through a written arraignment in appropriate cases.

Arraignment is also important because several important deadlines are calculated from the arraignment date, including deadlines involving pretrial motions and depositions.

After a plea of not guilty is entered, the court generally sets the case for trial. If speedy trial has been waived, the court may instead schedule a case management conference to establish the trial date and other deadlines.

Iowa Rules of Criminal Procedure 2.8 and 2.9.

Speedy Trial Rights

Iowa law contains several separate speedy trial requirements.

Generally, when an adult has been arrested, the state must file an indictment or trial information within 45 days unless good cause exists for the delay.

After the indictment or trial information is filed, a defendant who has not waived speedy trial generally has the right to be brought to trial within 90 days.

Iowa also has a separate one-year speedy trial requirement measured from the date of arraignment.

These rules contain important exceptions. A defendant may waive speedy trial, and delays may also be permitted when good cause exists. Whether a speedy trial deadline has been waived, extended, or violated can become a significant issue in a criminal case.

Iowa Rule of Criminal Procedure 2.33(2).

Discovery

Discovery is the process through which the defense obtains and reviews evidence relevant to the prosecution.

Discovery may include police reports, body-camera footage, dash-camera recordings, photographs, surveillance video, recorded interviews, laboratory reports, medical records, search warrant materials, phone records, digital evidence, statements made by the defendant, and other materials collected during the investigation.

Reviewing discovery is one of the most important parts of preparing a criminal case. What appears in a recording, photograph, report, or other piece of evidence may differ significantly from the initial description of the case contained in the criminal complaint or minutes of testimony.

Discovery can also reveal constitutional issues, inconsistencies in witness accounts, missing evidence, or matters requiring additional investigation.

Iowa Rule of Criminal Procedure 2.14.

Depositions

Iowa criminal procedure permits the defense to take depositions of witnesses identified by the state in the minutes of testimony.

A deposition is sworn testimony taken before trial. Defense counsel has an opportunity to question the witness about what occurred and what the witness expects to say at trial. The state also has the opportunity to question the witness.

Depositions can provide substantially more information than the written minutes of testimony. They allow the defense to investigate the state’s evidence, evaluate witnesses, clarify important facts, and identify inconsistencies before trial.

If speedy trial has not been waived, depositions generally must be completed within 30 days after arraignment unless the court extends the deadline. If speedy trial has been waived, depositions generally must be completed at least 30 days before trial unless the court orders otherwise.

Iowa Rule of Criminal Procedure 2.13.

Pretrial Motions

Not every important issue in a criminal case is decided at trial. Many legal questions are decided through motions filed before trial.

Pretrial motions may challenge defects in the prosecution or charge, seek additional discovery, request separate trials, address evidence the jury should or should not hear, or challenge evidence obtained through unlawful police conduct.

Most pretrial motions must be filed when the grounds reasonably appear, but no later than 40 days after arraignment unless the court establishes a different deadline.

Iowa Rule of Criminal Procedure 2.11.

Motions to Suppress

A motion to suppress asks the court to prevent the state from using evidence that was obtained unlawfully.

Suppression issues can arise from traffic stops, searches of a person, vehicle or home, search warrants, interrogations, statements to law enforcement, and other government conduct.

When a motion to suppress is filed, the court may hold a hearing and receive evidence concerning the legality of the search, seizure, interrogation, or other challenged conduct. If the motion is granted, the state may be prohibited from using the unlawfully obtained evidence at trial.

More detailed discussions of traffic stops, searches, police encounters, and motions to suppress are available in the Criminal Defense Issues section of this website.

Iowa Rule of Criminal Procedure 2.12.

Pretrial Conference

A court may schedule a pretrial conference before trial to address matters that will help the case proceed fairly and efficiently.

A pretrial conference may address evidentiary issues, amendments to pleadings, proposed jury instructions, agreements concerning the introduction of evidence, scheduling matters, and other issues affecting trial.

In practice, pretrial conferences may also provide an opportunity for the parties to determine whether the case will proceed to trial or can be resolved through an agreement.

Iowa Rule of Criminal Procedure 2.16.

Plea Negotiations

Iowa criminal procedure specifically permits the prosecutor and defense counsel to engage in plea negotiations.

A plea agreement may involve dismissal or reduction of charges, sentencing recommendations, agreements concerning particular counts or enhancements, or other concessions by the state.

Whether a plea agreement is appropriate depends on the evidence, available defenses, potential penalties, the defendant’s objectives, and the risks of proceeding to trial.

The ultimate decision whether to plead guilty belongs to the defendant. If the parties reach an agreement and a guilty plea is entered, the terms of the plea agreement must be disclosed to the court.

Iowa Rule of Criminal Procedure 2.10.

Trial

A defendant charged with an indictable criminal offense generally has the right to a jury trial.

At trial, the state has the burden to prove every element of the charged offense beyond a reasonable doubt. The defendant does not have to prove innocence.

The state presents its witnesses and evidence, and the defense has the opportunity to cross-examine those witnesses, challenge the state’s evidence, present defense evidence when appropriate, and argue the case to the jury.

The jury ultimately determines whether the state has met its burden of proof.

A defendant may waive a jury trial and proceed to a trial before the court in appropriate circumstances. A waiver of jury trial must be made voluntarily and intelligently and ordinarily must occur at least 10 days before trial unless the prosecutor consents to a later waiver.

Iowa Rules of Criminal Procedure 2.17 through 2.22.

Sentencing

If a defendant is convicted after trial or enters a guilty plea, the case proceeds to sentencing.

The available sentencing options depend heavily on the particular offense. Depending on the charge and the defendant’s circumstances, the court may consider probation, a suspended sentence, jail, prison, fines, treatment, restitution, and other conditions. Some offenses contain mandatory minimum sentences or other restrictions that limit the court’s discretion.

In appropriate cases, a presentence investigation may be prepared before sentencing. The court may consider the defendant’s criminal history, personal circumstances, the circumstances of the offense, victim-impact information, treatment needs, recommendations from the parties, and other legally relevant information.

Sentencing is not simply a formality. In many cases, preparation for sentencing can significantly affect the final result.

Iowa Rule of Criminal Procedure 2.23.

What Happens Next?

Every criminal case is different. Some cases can be resolved relatively early. Others require extensive discovery, depositions, expert review, pretrial litigation, or a jury trial.

An arrest or criminal complaint is only the beginning of the process. The evidence, the legal issues, and the state’s ability to prove the charge still have to be examined.

If you have been charged with a crime in Iowa, contact LT Law to discuss where your case is in the process, what happens next, and what issues may need to be addressed.