arrested

Arrested . . . . What happens next?

An individual that has been arrested for a criminal offense must be brought before a judge without “unreasonable delay.” “Unreasonable delay” according to Iowa law is 24 hours. This appearance before the Judge is aptly named an "Initial Appearance."

Initial Appearance

At the Initial Appearance the Judge schedules the next court date and makes a determination as to the conditions that should be imposed for the arrested individual’s release pending further court hearings. The Judge may choose any number of options including:

Conditions of Release

The purpose of these conditions is to ensure the defendant’s presence at future court dates and to protect the public from further offenses by the defendant while out on bail. The primary considerations for determining conditions of release are the defendant’s prior criminal history and the nature of the charge. See: Iowa Uniform Bond Schedule

Posting Bond

If the arrested individual does not wish to sit in jail waiting to see the Judge, bail may be posted prior to that time. Bail may be posted in its entire amount with the Clerk of Court or through a bondsman. If the full amount is put up to the Clerk of Court, the person who posted the bond will have it returned when the case is completed, so long as the defendant appears at all court dates. If a bondsman is used, most bondsman require 10% of the bond which they keep as their fee for posting the remaining amount with the Court.

Failure To Appear In Court

Failure to appear in a timely and appropriate manner at each court date may result in a forfeiture of the posted bond. Picking up new charges while out on bail may also result in revocation of bail and the need to post a new and higher amount.

Your Rights

If you have been arrested, the Constitution of the United States protects your rights to legal counsel, and to remaining silent. To invoke your rights, just ask for your lawyer.

Gourley, Rehkemper & Lindholm Will Defend You

If you (or someone you care about) has been arrested for an alleged crime in Iowa, the attorneys at Gourley, Rehkemper & Lindholm invite you to call upon them to discuss your situation, your case, Iowa law, and how that law might affect you. The criminal defense attorneys offer a free initial consultation.

Free Initial Consultation

For a free initial consultation, please contact GRL at 515.226.0500.

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