What Do You Do If You Are On Trial For a Crime in Iowa?

Generally, anyone involved in criminal litigation must adhere to the established procedural standards outlined in the Iowa Rules of Criminal Procedure. However, the exact procedure varies based on the crime committed by the defendant. Several events occur during criminal proceedings, including trials and plea bargains. Serious crimes such as felonies and misdemeanors may result in jail sentences, while lesser violations may lead to the payment of fines or community service. Suspects apprehended by law enforcement agencies in Iowa may be required to appear in a criminal court.

What Percentage of Criminal Cases Go to Trial in Iowa?

According to the 2019 Annual Report published by the Iowa Judicial Branch, there were 724,899 cases brought before the state district courts. Out of these cases, the court system disposed of 721,872. The report further revealed an increase in felony and misdemeanor cases between 2015 and 2019. Although the report did not specify the number of cases that go to trial, criminal cases are typically resolved at the preliminary stages. This is because accused persons may agree to a plea bargain due to the amount of evidence presented against them. Additionally, to maintain the integrity and competence of the judicial system, the district court strives to resolve cases by rendering fair judgments promptly.

When Does a Criminal Defendant Have the Right to a Trial?

In Iowa, a defendant has the right to a trial once the state prosecutor or law enforcement agency files a criminal charge. The accused person will first appear in court after the charge is laid. The defendant may appeal or plead not guilty during this initial court proceeding. The trial date is usually set when the defendant describes the charges against him as ‘not guilty.’ Usually, criminal cases that go to trial are tried by a jury. However, the defendant has the right to waive this type of trial by writing to the court within 30 days after their first appearance.

What Are the Stages of a Criminal Trial in Iowa?

A criminal trial in Iowa begins immediately after jury selection. Trial juries are selected according to the guidelines contained in Section 2.18 of the Iowa Rules of Criminal Procedure. The ensuing stages of a criminal trial are typically as follows:

• Reading of the indictment by the state attorney or clerk to the jury
• Statement of evidence by the state attorney
• Statement of evidence by the defendant’s attorney. This may be stated after the presentation of the defendant’s evidence.
• Presentation of evidence by the state prosecutor.
• Presentation of evidence by the defendant’s lawyer
• Rebuttal or countering of evidence from both sides
• Presentation of argument and additional rebuttal
• Verdict

How Long Does it Take for a Case to Go to Trial in Iowa?

The time it will take for a case to go to trial depends on the type of crime. Minor violations and misdemeanors may be resolved at the first appearance before the criminal court. However, felony cases may take longer due to procedures like pretrial motions, discovery, and jury selection. Generally, the speedy trial rule in Iowa requires that accused persons be charged in court within 45 days of their first appearance. Nevertheless, the defendant has a right to waive the speedy trial rule.

What Happens When a Court Case Goes to Trial in Iowa?

The parties may interview potential jurors when a criminal case moves to trial. This process is known as voir dire, and it is used for the fair selection of the jury. In a criminal case, the jury consists of 12 members, and either party may use strikes to oppose a member of the jury. The trial begins after jury selection, as the prosecutor reads the indictment details of the accused. Afterward, the state attorney’s opening statement briefly describes the evidence and outlines the charges the state will present. The accused may either make an opening statement immediately after the state’s opening statement or wait until the prosecution has closed its case.

Following the introductory statements, the parties may present evidence by interviewing witnesses and introducing objects, photographs, documents, and other relevant elements to support or refute the allegations. Each party is expected to adhere to the Iowa Rules of Evidence, which govern the admissible evidence in the proceedings and its presentation. Any side that believes the opposing party is not following the rules may object.

In bench trials, the accused person is not required to present evidence. If the defendant presents evidence, the prosecutor will have the opportunity to rebut it. In addition, both parties have the right to question the other party’s witnesses. Both sides make closing arguments after the presentation of evidence. This gives the prosecutor and defendant the chance to convince the jury or judge. Closing presentations generally focus on the evidence presented throughout the trial.

A criminal trial may only conclude if the judge or jury arrives at a unanimous verdict. If a unanimous decision is not provided, there will be a mistrial. In such instances, the court will schedule a new trial date before another jury.

What Does it Mean to be Indicted in Iowa?

In Iowa, an indictment is a formal written accusation, issued by a grand jury that charges a person with a crime. They occur when a group of people (grand jurors), after reviewing evidence from the prosecutor, determines if there's sufficient cause to charge a person with a crime. Indictments are generally required for felony, aggravated, and severe misdemeanor cases. Furthermore, at least five of the seven grand jurors must vote to issue an indictment, Iowa R. Crim. P. 2.3(6)(j).

An indictment shall substantially comply with Rule 2.37—Form 5: General Indictment Form and, in any event, contain a plain, concise, and definite statement of the offense charged and be signed by the foreperson of the grand jury. The indictment shall include the following:

1. The name of the accused, if known, and if not known, the designation of the accused by any name by which the accused may be identified.
2. The name of the offense and the statutory provision or provisions alleged to have been violated.
3. A brief statement of the time and place of the offense, if known.
4. Where the means by which the offense is committed are necessary to charge the offense, a brief statement of the acts or omissions by which the offense is alleged to have been committed.

According to Iowa Rule of Criminal Procedure 2.33(b), multiple offenses may be charged in one indictment when they are based on crimes committed during the same event.

Does Indictment Mean Jail Time in Iowa?

An indictment in Iowa does not automatically mean jail time. An indictment is a formal accusation charging an individual or a group of individuals with a serious crime. An indictment is issued by a grand jury; it is the first step in the legal process. Although an indictment does not mean trial, the accused must stand trial to prove innocence or guilt.

Depending on the circumstances, the defendant may be:

• Arrested, if not already in custody,
• Released on bail, or
• Held in jail if bail is denied or unaffordable

Additionally, in the practice of plea bargaining, which is an integral system of the Iowa Criminal Justice System, negotiations between the prosecutor and the defense attorney may lead to indictments or trial, but many cases are resolved through plea agreements.

Can You Be Put On Trial Twice for the Same Crime in Iowa?

No, individuals who have been found not guilty by a district court in Iowa will never be on trial for the same crime in the state. This is found under the Double Jeopardy Clause within the Fifth Amendment to the U.S. Constitution. However, there are some exceptions to this clause. This includes:

• Dismissed cases caused by a lack of sufficient evidence
• Trials that end with a unanimous decision from the jury and are declared a mistrial

How Do I Look Up a Criminal Court Case in Iowa?

According to the Iowa Open Records Law, state residents may access public records by making requests to the appropriate record custodian. Criminal case files, which are also regarded as public records, may be obtained by contacting the court clerk where the verdict was pronounced. Generally, court clerks grant mail and in-person requests, while some provide online access to the records. An alternative method of looking up criminal case files is by using third-party sites like Iowacourtrecords.us. These sites typically offer quick and easy access to records that may be difficult to obtain for the record custodian.

How to Access Electronic Court Records in Iowa

Thanks to the Iowa Judicial Branch, court records are accessible online. Court clerks update the online repository regularly on the last business day. State residents seeking court records may perform a case search, payment search, advanced search, or scheduled search. General queries may be used with the case or advanced search. The case search is usually available to the public, while the advanced search is available only to registered users.

Iowa criminal records may also be accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, record availability, accuracy, and validity may not be guaranteed.

How Do I Remove Public Court Records in Iowa?

The Iowa Code section 901C.3 grants ex-convicts the right to remove records from the public. Criminal records may be expunged if

• There are no other criminal charges filed against the defendant
• The defendant has paid all court fines and fees
• The conviction was passed eight years ago

Note that removing a record in Iowa means that it is kept from public view. Although the expunged file is erased from the database of the Iowa Department of Public Safety, it is still available at the court clerk’s office. Expunged files may be obtained through a court order.

Accused persons and other convicted individuals may request the removal of a record by submitting an Application to Expunge Court Record to the district court where the case was concluded. The court clerk then files the petition, which the court reviews. A hearing date may be chosen to determine if the court will deny or grant the application.