Iowa Waiver of Detention Hearing

State:
Iowa
Control #:
IA-SKU-0142
Format:
Word
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Description

Waiver of Detention Hearing

The Iowa Waiver of Detention Hearing is a hearing conducted by the court to assess whether an individual accused of a crime should be detained or released on bail until their trial. The hearing is conducted under the Iowa Code Chapter 810, which outlines the criteria for determining whether an individual should be detained or released. There are two types of Iowa Waiver of Detention Hearings: Preliminary Waiver Hearings and Final Waiver Hearings. Preliminary Waiver Hearings are conducted shortly after an individual is arrested, and are used to determine whether the accused individual should remain in custody or be released on bail until their trial. Final Waiver Hearings are conducted after the Preliminary Waiver Hearing to determine if the accused person should remain in custody or be released on bail until their trial. During the hearing, the court will consider the accused individual's criminal history, the nature of the alleged offense, and the accused individual's ties to the community, among other factors. The court will then make a determination whether the accused individual should be detained or released on bail pending their trial.

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FAQ

In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.

In Iowa, you have to file an action against the other party to seek enforcement of the existing court decree order. The enforcement action is formally known as an Application for Rule to Show Cause, commonly referred to as a contempt filing. This filing brings the opposing party's bad acts to the court's attention.

You must electronically file this Appearance and Answer using EDMS at unless you obtain from the court an exemption from electronic filing requirements.

Arraignment. At the arraignment, the court will read the formal charges and the defendant must enter a plea, generally guilty or not guilty. If the defendant cannot afford to hire an attorney, the court will appoint an attorney to represent the defendant.

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.

Magistrates have jurisdiction over simple misdemeanors, county and municipal infractions, small claims, evictions, and certain involuntary commitment matters. Magistrates have authority to issue search warrants and conduct preliminary hearings.

Subject matter jurisdiction is the power ?'of a court to hear and determine cases of the general class to which the proceedings in question belong, not merely the particular case then occupying the court's attention.

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Iowa Waiver of Detention Hearing