Iowa Jury Instruction - Accomplice - Co-Defendant - Plea Agreement
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2.33(2)Speedy trial. It is the public policy of the state of Iowa that criminal prosecutions be concluded at the earliest possible time consistent with a fair trial to both parties. Applications for dismissals under this rule may be made by the prosecuting attorney or the defendant or by the court on its own motion. a.
2.4(1) Defined. An indictment is an accusation in writing, found and presented by a grand jury legally impaneled and sworn to the court in which it is impaneled, charging that the person named therein has committed a public offense. 2.4(2) Use of indictment.
Rule 2.23 - Judgment 2.23(1)Entry of judgment. a. Acquittal. Upon a verdict of not guilty for the defendant or special verdict upon which a judgment of acquittal must be given, the court must render judgment of acquittal immediately.
(1) A defendant may file a motion in arrest of judgment to urge that no judgment be rendered on a finding, plea, or verdict of guilty. (2) A defendant's failure to challenge the adequacy of a guilty plea proceeding by motion in arrest of judgment shall preclude the defendant's right to assert such challenge on appeal.
Prosecution on information. All indictable offenses may be prosecuted by a trial information and supporting minutes of testimony. An information charging a person with an indictable offense may be filed at any time, whether or not the grand jury is in session.
Rule 2.73 - Motion for a new trial 2.73(1)Generally. The magistrate, on motion of a defendant, may grant a new trial on the grounds set forth in rule 2.24(2) (b). 2.73(2)Newly discovered evidence. A motion for a new trial based on newly discovered evidence must be made within 6 months after the final judgment.
The Arraignment is the formal accusation of the defendant where a plea of guilty or not guilty is entered. The defendant does not need to be present if a written arraignment is filed on their behalf by their Attorney.
Under Rule 2.33(2)(b), the government is required to proceed to a speedy trial within 90 days after the filing of the trial information. Again, if the government fails to do so, the case must be dismissed absent a waiver or good cause. It is solely the government's responsibility to ensure the deadline is met.