Whenever I receive a call from a parent with a son or daughter that is currently being held in the Johnson County (Iowa City) jail, I tell them that the criminal case is divided into two halves: Getting your child out of jail, and everything else.
When a peace officer witnesses a criminal offense (OWI, drug charges), they will usually arrest the defendant immediately. Sometimes, that defendant will be taken to the police station for additional questioning or breath testing, before ending up at the Johnson County Jail.
At the jail the defendant is “booked,” which consists of fingerprinting and being placed in an orange jumpsuit.
At this time, the defendant will have a bond set by the arresting officer. This bond is often very high, and the time frame to post the bond lasts only until the judge reviews the case in the morning.
At around 8:30 a.m. on the morning of the arrest, the defendant will be seen by a local judge for the Initial Appearance.
At the Initial Appearance, the judge will inform the defendant of the pending criminal charges and the minimum and maximum penalties. If the only charges are simple misdemeanors, the judge can ask for a plea. If there are more serious charges, the judge cannot ask for a plea.
The judge will review the information he has available and decide whether the defendant needs a bond. He will consider the defendant’s current charge(s), criminal history and his ties to the community. Essentially, the judge is determining what amount of money (if any) is required to secure the defendant’s future appearance and to protect the community from further criminal violations.
If the judge decides that a bond is necessary, then that bond amount must be posted in order for the defendant to be released. That money is kept by the court until the case is resolved, then it will be returned or credited toward the defendant’s financial obligations.
Most of the time, an attorney is not called until after the Initial Appearance.
When I am hired for cases like this, I immediately sign the defendant up for an “informal bond review.” This is a hearing that takes place at 8:10 a.m. on the court day following the day the hearing is applied for. At this hearing I would have the opportunity to discuss the case with the judge, and provide greater detail about the circumstances of the defendant’s life (ties to school or work for example). It also helps when I can convince the judge that the defendant’s parents are involved because this further secures the defendant’s presence at future court dates.
If you are seeking representation for a criminal matter pending in Johnson County, Iowa, please give us a call.