Iowa Magistrate Judge CJ Williams — Arraignment-Written Waiver of Personal Appearance at Arraignment and Order is a document issued by a judge that allows an accused person to waive their right to be present in court at their arraignment and allow the court to issue an order for the defendant’s appearance at the next hearing. This waiver must be signed by the accused person, their attorney, and the judge. This document is commonly used in Iowa when a defendant is unable to appear in court for their arraignment due to a legitimate reason such as illness, distance, or other extenuating circumstances. There are two types of Iowa Magistrate Judge CJ Williams — Arraignment-Written Waiver of Personal Appearance at Arraignment and Order: one for misdemeanor cases and one for felony cases. Both documents state the defendant’s name, the charge, the court date, and other relevant information. They also provide the defendant with a formal waiver of their right to be present in court at the arraignment and an order for the defendant to appear at the next hearing.
Iowa Magistrate Judge CJ Williams - Arraignment-Written Waiver of Personal Appearance at Arraignment and Order
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Arraignment. At the arraignment, the court will read the formal charges and the defendant must enter a plea, generally guilty or not guilty. If the defendant cannot afford to hire an attorney, the court will appoint an attorney to represent the defendant.
Preliminary Hearing. The purpose of this hearing is for the Magistrate to determine whether there is sufficient evidence to support the charges against the defendant. The State presents evidence showing the defendant probably committed the crime. The defendant does not present evidence.
This right is called the Right to a Speedy Trial (90 day) and it is set out in Iowa Rule of Criminal Procedure 2.33(2)(b). the defendant can either enforce it or waive it (give it up). bringing the defendant's case to trial beyond the required deadline.
(8) The court shall also inquire as to whether the defendant's willingness to plead guilty results from prior discussions between the prosecuting attorney and the defendant or the defendant's attorney. The terms of any plea agreement shall be disclosed of record as provided in rule 2.10(2).
An Order setting the pretrial conference and trial dates will be issued, and sent to you. Generally after the Written Arraignment is filed and the pretrial conference is set, the evidence will become available for review and negotiations will begin with the county attorney.
An individual that has been arrested for a criminal offense must be brought before a judge without ?unreasonable delay.? ?Unreasonable delay? ing to Iowa law is 24 hours. This appearance before the Judge is aptly named an ?Initial Appearance.?