Initial Appearance and Preliminary Hearing
Once the retainer fee has been paid, the first step Mr. Thompson will take is filing his Appearance with the Court, thus satisfying any obligations of the Preliminary Hearing (for Johnson and Linn County cases). You will not need to appear in court for the Preliminary Hearing once this document has been filed.
Mr. Thompson will also immediately file his Request for Discovery, which requires the county attorney to disclose all evidence in the case. This includes police reports, any possible video or audio recordings, and access to any other exhibits which cannot be copied, such as physical evidence. It will usually take a few weeks for this Discovery to be delivered to us.
No criminal cases should be pleaded out without a review of the evidence.
Shortly after filing the Appearance, the county clerk will supply the court file to our lawyer. We will send you and any other parties you designate (sometimes parents wish to stay in the loop) a full copy of the courtfile, along with the file-stamped copies of the Appearance and Request for Discovery. You will continue to be updated at any point Mr. Thompson, the Court, or the county attorney adds to the court file.
Filing of the Trial Information and Arraignment
At this point in most criminal cases, a waiting period begins. The county attorney can take up to 45 days from the date of the Initial Appearance to file their Trial Information. The Trial Information is a document, similar in many ways to an indictment. Sometimes the county attorney will take as little as ten days, but more often the documents will be filed after about thirty days.
Note that if the county attorney happens to take more than 45 days, the case can be dismissed on the defense attorney’s motion. This is very rare, but this date is checked in all of our cases.
As soon as the Trial Information is filed, Mr. Thompson will make sure a copy is sent to you. Included will be a Written Arraignment form, along with instructions on where to sign. We will ask that you return this form to us as soon as possible. Once it has been received, this document will eliminate the need for you to appear in court on your arraignment date. For out-of-state clients, avoiding any unnecessary court dates is a huge benefit, and Mr. Thompson understands this thoroughly.
Once the Written Arraignment has been returned, we will file it with the Court. An Order setting the pretrial conference and trial dates will be issued, and sent to you.
Order setting the Pretrial Conference
Once the Written Arraignment has been returned, we will file it with the Court. 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.
Motion to Suppress Evidence
If there is a problem with the evidence, Mr. Thompson will consult with you and file a Motion to Suppress. This is a method to fight the admission of the evidence, and to try and exclude it from further proceedings. Although a successful Motion to Suppress is somewhat rare, when it happens the case generally has to be dismissed. All flat fee cases will include a review to determine if a Motion to Suppress is worthwhile.
Plea Negotiations
If a Motion to Suppress is not to be filed, a plea bargain will likely be reached at this time. Mr. Thompson will contact you regarding the deal and advise whether we should accept it. If you agree that the plea deal is appropriate, Mr. Thompson will draft the necessary Guilty Plea and deliver it to you immediately.
You may review the plea with Mr. Thompson either in person, or over the phone. It is vital that you understand exactly what rights you would be surrendering, and what the benefits of the plea deal would be as well. Once the guilty plea is signed, we will ask that you return it as soon as possible.
Plea of Guilty Pursuant to Plea Bargain
If the guilty plea is received prior to the pretrial conference date, then we will usually be able to file it with the judge directly instead of forcing you to appear for the court hearing (in most non-felony Iowa City cases). Thus, it is possible to avoid returning to court as long as all of the proper documentation is on file. Mr. Thompson understands how important it is to stay ahead of the court schedule to save you as much time and inconvenience as possible.
Pretrial Conference
After the guilty plea is received, Mr. Thompson will attend the pretrial conference to consult with the county attorney. Once the plea is finalized, Mr. Thompson will meet with the judge to obtain the Court’s final judgment. For felony cases, the defendant must always appear in person.
Judgment
Once the judgment is finalized, Mr. Thompson will send it out to you, along with detailed instructions on what the judgment means. This will include all fine payment dates and locations, and any other terms if you receive probation or a deferred judgment. It is Mr. Thompson’s goal to ensure that you understand every aspect of the criminal case, most importantly the terms of the judgment.
Post-Judgment
Once the case is concluded, Mr. Thompson will still be available for any questions you or anyone else has about your case.
Contact Us
Please call (319) 820-0482 to set up a free consultation regarding your criminal case.