Iowa Waiver of Rule 5 & 5.1 Hearings — Complaint or Indictment is a legal process that allows a criminal defendant to waive their right to a preliminary hearing and have the criminal charges against them adjudicated directly by a trial court. The defendant can agree to waive their right to a preliminary hearing before a magistrate and have the charges brought directly to the trial court. There are two types of Iowa Waiver of Rule 5 & 5.1 Hearings — Complaint or Indictment: Complaint and Indictment. A Complaint is a document filed by the prosecuting officer that formally charges a defendant with a criminal offense. It states the basis of the charge and the facts that support the charge. The complaint must be signed by a magistrate or judge and is used as a basis for the defendant's arrest. An Indictment is a formal accusation of a criminal offense brought by a grand jury. It is used to bring cases to trial and must be signed by a prosecutor and approved by the grand jury. The indictment will contain the same information as the complaint, but it also sets forth the evidence that the grand jury has heard and found sufficient to charge the defendant with a criminal offense.
Iowa Waiver of Rule 5 & 5.1 Hearings - Complaint or Indictment
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