Court Legaleze

This is a hearing in which the State of Iowa must present evidence to the court to establish that there is probable cause to believe that you committed the offense charged. Whether this hearing takes place or not varies widely across jurisdictions in Iowa. Even if you have one scheduled, they usually do not happen because before the hearing is held, the State will file a trial information charging you. This then circumvents the need to have such a hearing. You may waive this hearing but you should not do so if you are in jail. You should consult with your attorney. He/She will know best what you should do.

When the accused makes his/her first appearance before a judge following arrest, the judge will schedule a preliminary hearing. A Preliminary Hearing must be set within 10 days of this first appearance, called the "initial appearance," if the defendant is being held in jail for bail, or 20 days if the defendant will be ordered released from jail. If you are released from jail, your attorney may "waive" this preliminary hearing.

Will you be required to appear? If the court orders you to appear at any hearing, you must always appear. It is best to speak with your attorney for advice on this as often lawyers may appear on your behalf.

Will this hearing be held? Probably not. This is for several reasons. Usually the State of Iowa will file the "trial information" which is the document that formally accuses you of the crime. Once that document is filed, the preliminary hearing is canceled. You must then appear for "arraignment."

If the preliminary hearing is held, and if the evidence presented by the State of Iowa shows there is probable cause to believe that an offense has been committed and that the defendant committed it, the judge will order the defendant to attend further proceedings. The State is allowed to present any evidence it has at this hearing to show probable cause, including hearsay evidence. Defendants are allowed to ask witnesses questions and present their own witnesses.