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Court Legaleze

Courtroom Legal Terms Explained

At OWIbuster.com, we want you to know everything there is to know about the charge of OWI in Iowa. This includes the terms used by the judge and your lawyer. If you have heard your lawyer mention “deferred judment”, for example, you need to understand what it means. Did a judge tell you you were required to appear for “arraignment”? If so, you may wonder what this means.

Click the expanding folders below to learn more about the terms used in court.

Pick your Term

  • Preliminary Hearing

    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.
  • Trial Information

    This is the formal document that is filed by the prosecuting attorney charging you with a criminal offense. The timing of the filing of this document is important. There are time limitations placed on the State of Iowa as to when this document must be filed. If they fail to follow the law, your charges may be dismissed.
  • Arraignment

    This is the court proceeding where you appear in court to plead guilty or not guilty to the charge(s) filed in the trial information. In most Iowa courts, this can be done by paper. Your attorney will have the documents needed to handle this for you.

    At the conclusion of your arraignment, the court will typically schedule a "pre-trial conference." This is prior to your trial date. It is fixed to give you and your attorney time to investigate the charges and perhaps work out a plea agreement on your charges.
  • Plea Agreement

    This is when the parties, you, your attorney and the prosecutor, agree to a plea. Perhaps the charge will be reduced or you all agree to recommend a certain sentence to the court.
  • Presentence Investigation PSI

    In some cases, the Court may require that there be a pre-sentence investigation report prepared before you are sentenced. This document is prepared by agents of the State of Iowa. They will gather all information about your background and put it into a report to provide to the judge before you are sentenced.
  • Deferred Judgment

    We fully explain what a "Deferred Judgment" is on this website. Click Here for complete details.
  • Home
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    • About
  • Free Report Here
  • OWI Info
    • OWI by Motor Vehicle
    • OWI via Boating
    • OWI by Marijuana Use
    • OWI by Narcotics Use
    • OWI Defined
      • Penalties – Definitions
      • OWI Field Tests
    • DUI – Iowa
    • What to do next!
    • Top 10 OWI Mistakes
    • Substance Abuse Eval
    • SR22 Insurance
    • 12 Hour Class
    • OWI Weekend Program
    • Court Terms Explained
    • Deferred Judgment
  • Ignition Interlock
    • Why LifeSafer is the best…
    • What is it ….
  • Your License
    • Drivers License Help
    • How to get your DL after OWI…
    • Work Permit/Temporary Restricted License
  • Find-A-Lawyer
    • Find a Lawyer
    • Can a lawyer help me?
    • Ask-a-Lawyer Free
    • Ames/Story County
    • Cedar Rapids Area
      • Thomas Viner
    • Central Iowa
      • Des Moines Joseph P. Vogel
      • Des Moines – Ward Rouse
      • Des Moines – Michael J. Culp
      • Des Moines – Emily Duffy
      • West Des Moines – Trever Hook
      • Des Moines – Kent Balduchi
    • Council Bluffs, Iowa – Amanda Heims
    • Davenport OWI Defense Lawyer Angela Reyes
    • Dickinson County – Michael L. Sandy
    • Sioux City – Harold Widdison
    • Waterloo Area – Nina Forcier
  • Contact
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