The Iowa Waiver of an Indictment is a legal action taken by a defendant to waive their right to a criminal trial. This waiver is usually done in exchange for a plea agreement to a lesser charge or sentence. There are two different types of Iowa Waiver of an Indictment: an Administrative Waiver and a Judicial Waiver. An Administrative Waiver is an agreement between the defendant and the state attorney general’s office where the defendant agrees to waive their right to a trial in exchange for a plea agreement. A Judicial Waiver is when the defendant goes before a judge and waives their right to a trial in exchange for a plea agreement. In either case, the defendant must sign a written document stating that they voluntarily waive their right to a trial and accept the plea agreement. If the waiver is accepted, the defendant will no longer have to stand trial and the case will be dismissed.
Iowa Waiver of an Indictment
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2.8(1) Conduct of arraignment. a. Arraignment shall be conducted as soon as practicable following the filing of the indictment. If the defendant appears for arraignment without counsel, the court must inform the defendant of the right to counsel and ask if the defendant desires counsel.
Upon a plea other than guilty the magistrate shall set a trial date which shall be at least 15 days after the plea is entered.
(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).
Under rule 2.33(2)(b), a criminal charge must be dismissed if the trial does not commence within ninety days from the filing of the charging instrument 'unless the State proves: defendant's waiver of speedy trial; delay attributable to the defendant, or. good cause for the delay.
Indictable offense: A crime prosecuted by indictment or information. In Iowa, indictable offenses include serious misdemeanors, aggravated misdemeanors, and felonies, all of which are punishable by a fine of more than $500 and more than 30 days in jail.
Under Iowa Rule of Criminal Procedure 2.33(2)(c): ?All criminal cases must be brought to trial within one year after the defendant's initial arraignment pursuant to rule 2.8 unless an extension is granted by the court, upon a showing of good cause.? A ninety-day timeframe established under rule 2.33(2)(b).
2.4(8) Amendment. a. Generally. The court may, on motion of the state, either before or during the trial, order the indictment amended so as to correct errors or omissions in matters of form or substance.
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.