CRIMINAL PROCEDURE

ARREST:   An arrest can take place at the time of the incident resulting in a person being cuffed and transported to the jail for booking.  In the alternative, an officer can provide a summons to appear at an initial appearance and that will exist as the timing of arrest.

INITIAL APPEARANCE: I have an initial appearance coming up, what is that?  Do I need to attend? - The initial appearance is your first court appearance if you bonded out before going before a judge.  If you have already seen a judge you have already had your initial appearance where the judge informs you of the charges, has you apply for an attorney and sets the bond amount.  The court also sets a preliminary hearing, discussed later.  If you bonded out before your initial appearance and you have been appointed an attorney, you should contact your attorney to determine if you need to attend.  If you have not been informed you have an attorney before your initial appearance you must attend that hearing.  

PRELIMINARY HEARING:  By rule, a preliminary hearing is scheduled within 10 days of arrest.  In Black Hawk County, preliminary hearings ARE NOT SCHEDULED ON THE COURT DOCKET.  Instead, our attorneys are mindful of that date for the purposes of obtaining the release of an individual that is in custody.  For those that are in custody, the failure of the State to file a trial information by the preliminary hearing can lead to their release without having to post bond.  The preliminary hearing has no meaning in Black Hawk County for people that are out of custody.  

TRIAL INFORMATION:  The trial information and accompanying minutes of testimony act as the official charging document of the State.  The date of filing of the trial information triggers the 90-day speedy trial rule.

ARRAIGNMENT:  Arraignments are scheduled after the trial information is filed and is the time for a defendant to enter a formal plea to the charges.  The arraignment can be accomplished in person or in writing.  You should be in contact with your attorney well before the arraignment.

PRE-TRIAL CONFERENCES AND TRIAL:  Following the arraignment, the court will enter an order scheduling pre-trial conferences and a trial date.  

As is always true, you should ask your attorney about any of these procedures as they apply to you and your case.