When someone is arrested in Iowa, they have the right to an Initial Appearance before a magistrate within 24 hours. If no magistrate is available this hearing must occur within 48 hours.
In practice, this hearing is typically held the morning following an arrest.
At this hearing the magistrate must inform the defendant of the right to retain counsel, the right to request a court-appointed attorney if the defendant cannot afford counsel, the conditions that must be met for the defendant to be released from custody, the right to have these conditions of release subsequently reviewed, the right to remain silent on the present charges, and the defendant’s right to a preliminary hearing.
This Initial Appearance is primarily an informational hearing for the defendant. In addition to the above rights, the defendant must also be made aware of the charges against him, and is often informed of the possible penalties for each offense.
The magistrate will ask the defendant to verify contact information, so that any subsequent court filings are sent to the appropriate address.
The magistrate will review the information available, and determine if the defendant must post bail or will be released on his own recognizance. Significant factors in determining the need for bail include the seriousness of the offenses, the defendant’s ties to the community, and if available, the defendant’s criminal history or history of absconding from court.
If the charges are simple misdemeanors, the magistrate may ask the defendant to enter a plea of guilty or not guilty. If the charges are more serious, then no plea can be entered at that time and the case is sent to district court.
Due to the speed at which an Initial Appearance occurs following an arrest, it is uncommon to have an attorney present. Most of the time an attorney is retained a few days following this hearing, once the defendant has had time to consult with local counsel.