Process map

Iowa criminal process, in order

A general map. Your county, charge, and dates control. Simple misdemeanors often stay in magistrate court on a shorter track. Indictable offenses go to arraignment.

Stop, search, or call for service

The Fourth Amendment and Iowa Const. art. I, § 8 attach here. Write down what was searched and whether a warrant was shown. Do not consent to a further search if you do not understand it.

Arrest or citation

A citation under chapter 805 still starts a criminal case. An arrest under chapter 804 starts the appearance clock. Invoke § 804.20 out loud. Remain silent about the facts.

Initial appearance

Iowa Code § 804.21: without unnecessary delay after a warrantless arrest. The magistrate identifies the charge, explains counsel, and addresses release under chapter 811. This is not the trial.

Counsel appointed or hired

Ask the judge. Complete the financial affidavit (Rule 2.32). Chapters 13B and 815. Argersinger: no jail without counsel.

Complaint, then trial information or indictment

Most Iowa district-court cases proceed by trial information. Speedy-trial clocks start. Get the exact Code section in writing.

Arraignment

Enter a plea. Not guilty preserves the right to trial. Counsel, if not already resolved, is addressed again. Motion clocks often start here.

Discovery, motions, suppression

Rule 2.11 (often 40 days) and Rule 2.12 (suppression). Brady material. Do not wait until opening statement.

Plea or trial

A plea is a conviction. Trial is proof beyond a reasonable doubt. The accused need not testify.

Judgment and sentence

Chapters 901–903, plus 907 if deferred judgment or probation is in play. Hear the maximum on the record.

Appeal or postconviction

Direct appeal: chapter 814, often 30 days. Postconviction: chapter 822, after the conviction is final. Different clocks. Get counsel.