QUESTION

Is there a time limit ( # of days ) afer your initail appearence that the courts have to read the charges against you and to enter your plea?

Asked on Oct 25th, 2013 on Criminal Law - Iowa
More details to this question:
I had my initial appearance almost a month ago it was continued to arraignment which I was told the judge would read the charges brought against me and I would enter plea of guilty or not guilty (assault causing bodily harm) at my arraignment I spoke with county attorney before hearing stating the charge was made falsely. He then said I needed to enter a plea of not guilty then he would be able to discuss the matter with me. I went back into court room expecting to enter my plea, instead the county attorney handed me a copy saying case continued and to get ahold of him in a week by then he could look over case. So I have not had charges formally read to me and have not entered a plea. I thought by law the courts have a certain amount of time to do that? Also this county attorney represented as my lawyer many years ago, wouldn't he have to hand the case over to someone else in his office?
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1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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I'm not sure that I completely understand your question and would ask you to talk to local counsel about the details of your criminal case. Iowa Criminal Law Timeline (for indictable offenses-not simple misdemeanors): Timeline starts with arrest or citation = Day 0. Initial Appearanceoccurs without unnecessary delay (usually within 24 hours after arrest).  At this time, the magistrate informs the defendant of the complaint, right to retain counsel, right to have counsel appointed if indigent, circumstances of pretrial release, right to review conditions of release, right not to make a statement, reasonable time to obtain counsel, schedules or gets waiver of preliminary hearing, and provides a copy of the complaint to the defendant. Preliminary Hearing:  The defendant is entitled to a preliminary hearing unless there was an indictment or trial information filed or unless waived by the defendant.  The preliminary hearing is to be held no later than 10 days after the initial appearance if the defendant is in custody or no later than 20 days if the defendant is out of custody (these limits can be extended for good cause).  This is a probable cause hearing in which the magistrate determines whether there is probable cause to believe a crime was committed, and that the defendant did it.  If so, the defendant is held to answer for the crime in further proceedings.  If not, the charges are dismissed with prejudice (no refiling of charges).  Trial Information or indictment  must occur within 45 days after arrest or citation.  Trial information is filed by the county attorney charging the defendant with a crime.  Along with the trial information, minutes of testimony (or minutes of evidence) must be attached.   Failure to file the minutes of testimony with the trial information requires dismissal of information (without prejudice) upon the motion of the defendant.   After Trial information/ indictment, then arraignment occurs (no specified time in rules, but trial information must be filed before arraignment and must be conducted as soon as practicable). At the arraignment, the defendant gets a copy of the trial information, a plea is entered, bond is continued, and the case set for trial.  As to conflicts of interest and whether an attorney can represent you, this varies case by case.  If the attorney has confidential information that would affect the current case, then he should withdraw. Just because an attorney represented you years ago, doesn't necessarily mean that there is a conflict of interest.  You should talk to your attorney to see if there is a conflict.  If so, the attorney should resign, (and possibly the entire county attorney's staff and a special prosecutor assigned).
Answered on Oct 26th, 2013 at 3:56 PM

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