Iowa Court Records
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What Do You Do if You Are On Trial For a Crime in Iowa?
Suspects apprehended by law enforcement agencies in Iowa may be required to appear in a criminal court. Several events occur during criminal proceedings, including a trial or plea bargain. The Iowa Rules of Criminal Procedure govern the criminal trial proceedings. The procedure varies based on the crime committed by the defendant. 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.
Iowa criminal records may also be accessible through third-party websites. These sites generally offer the convenience of a statewide database where individuals can 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.
What Percentage of Criminal Cases Go to Trial in Iowa?
According to the 2019 Annual Report published by the Iowa Judicial Branch, 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 increased felony and misdemeanor cases between 2015 and 2019. Although the report did not specify the number of cases that go into a trial, criminal cases are resolved at the preliminary stages in most cases. This is because accused persons quickly enter a plea bargain due to the amount of evidence placed before them. Also, to maintain the integrity and competence of the judicial system, the district court attempts to resolve cases by serving fair judgments quickly.
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 a right to waive this kind of trial by writing to the court within 30 days after the 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 the jury selection as the prosecutor reads out the indictment details of the accused. Afterward, the state attorney’s opening statement briefly describes the evidence and charges the state will provide. The accused may immediately make an opening statement after the state’s opening statement or wait for the prosecution to close its case.
Following the introductory statements, the parties may provide evidence by interviewing witnesses and bringing in objects, photos, documents, and other elements to support or defend the allegations. Each party is expected to adhere to the Iowa Rules of Evidence, which regulate the evidence admissible in the proceedings and how it is presented. 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 produces evidence, the prosecutor will be given a chance to rebut the evidence. 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 should be centered on the evidence presented in the course of the trial.
A criminal trial can only come to a conclusion 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 pick a date for another trial in front of another jury.
Can You Be Put On Trial Twice for the Same Crime in Iowa?
No, individuals that 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 as a mistrial
How Do I Look Up a Criminal Court Case in Iowa?
According to the Iowa Open Records Law, state residents can access public records by making requests to the appropriate record custodian. Criminal case files, which are also regarded as public records, can 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 Iowa.CourtRecords.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 can 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.
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
- All court fines and fees have been paid by the defendant
- 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 criminals can remove a record by submitting an Application to Expunge Court Record to the district court where the case was concluded. The petition will be filed by the court clerk, and the court will review the application. A hearing date may be chosen to determine if the court will deny or grant the application.
