What happens at a Preliminary Hearing?
A Preliminary Hearing must be set within 10 days of the Initial Appearance if the defendant is being held, or 20 days if the defendant has been released.
If a defendant was not indicted by a grand jury, then the defendant has a right to a Preliminary Hearing unless a Trial Information is filed or the Preliminary Hearing is waived.
If from the evidence it appears that there is probable cause to believe that an offense has been committed and that the defendant committed it, the magistrate shall order the defendant to attend further proceedings. The State is allowed to use hearsay evidence at this hearing, and the required probable cause must be based on “substantial evidence.” The defendant may cross-examine witnesses and may introduce evidence on the defendant’s own behalf, including the defendant’s own witnesses.
Generally, defendants have their attorneys chosen prior to the preliminary hearing. Once a defense attorney is hired or appointed, he will file his Appearance, letting the judge know that the defendant has found a lawyer.
Usually, the preliminary hearing is waived and the State files a Trial Information.
Who can attend a Preliminary Hearing in Iowa?
In Iowa, the following parties can attend a preliminary hearing:
- Defendant: The defendant, who is the person accused of committing a crime, has the right to be present at the preliminary hearing.
- Defense Attorney: The defendant’s attorney, if they have one, will be present to represent the defendant’s interests, cross-examine witnesses, and present arguments in favor of dismissing the charges or not proceeding to trial.
- Prosecutor: A representative from the county attorney’s office or the state attorney general’s office will be present to present evidence and argue the case against the defendant.
- Judge: A judge presides over the preliminary hearing, listens to the evidence presented, and makes a determination regarding whether there is sufficient evidence to proceed to trial.
- Witnesses: Witnesses may be called by the prosecution to testify during the preliminary hearing.
- Court Personnel: Court personnel, such as a court reporter or clerk, may also be present to document the proceedings.
- Members of the Public: Preliminary hearings are generally open to the public, but access may be restricted in certain cases to protect sensitive information or the rights of the parties involved.
The specific rules and procedures for preliminary hearings can vary, so it’s advisable to consult with an attorney or refer to Iowa’s state laws and rules of criminal procedure for more detailed information.