Criminal Process In Iowa

Last updated on April 28, 2025

When you or a loved one is accused of a crime, understanding the legal process is crucial, and so is having the right legal representation. Criminal cases move quickly, and without an experienced attorney, it is easy to make mistakes that could cost you your freedom.

At Marberry Law Firm, P.C., we defend clients across Urbandale, Iowa, and the surrounding areas. We do not just handle cases; we fight for the best possible outcomes for our clients, leveraging our 80 years of combined experience. Criminal charges can be stressful, and that is why we take the time to explain every step and build a solid defense strategy.

How Criminal Charges Work In Iowa

When someone is charged with a crime in Iowa, the process can move through several stages.

• Arrest and booking: Law enforcement will take the individual into custody after an arrest. During booking, personal information is recorded, fingerprints and photographs are taken and formal charges are initiated.
• Initial appearance: Iowa law (Iowa R. Crim. P. 2.2) requires an initial appearance before a judge within 24 hours of arrest. Here, the accused is informed of the charges, advised of their right and given the opportunity to request legal counsel. Bail or release conditions are also determined during this hearing.
• Preliminary hearing: This occurs within 10 days if the accused is in custody or within 20 days if they are out on bail. The purpose is to determine whether there is enough evidence for the case to proceed.
• Grand jury indictment or trial information: Felony charges require either an indictment by a grand jury (Iowa Code §762.2) or filing a trial information document, which outlines the essential facts of the case.
• Arraignment: The formal reading of charges happens at the arraignment. The accused enters a plea of guilty, not guilty or no contest.
• Discovery and pretrial motions: During this stage, both sides exchange evidence and witness lists. Pretrial motions, such as motions to suppress evidence due to constitutional violations, are also filed and argued before trial.
• Trial: A trial date is set based on Iowa’s speedy trial rights, generally within 90 days of arraignment unless waived. Trials may be held before a jury or a judge alone (bench trial). The prosecution bears the burden of proving guilt beyond a reasonable doubt.
• Verdict and sentencing: If a not guilty verdict is returned, the case ends, and the defendant is free. A guilty verdict leads to sentencing. Sentences are imposed based on Iowa’s sentencing laws, considering the crime class, victim impact statements and prior criminal history.
• Appeals: Defendants have the right to appeal a conviction or sentence to a higher court. Appeals must be filed within strict deadlines, focusing primarily on legal errors made during the original proceedings.

Our attorneys are well-versed in the Iowa criminal justice system and will guide you through every step to help improve your chances of a fair outcome.

Iowa Criminal Penalties

Iowa law assigns penalties based on the classification of the crime. They include:

• Simple misdemeanor: Under Iowa Code §703.1, it is punishable by up to 30 days in jail and a fine between $105 and $855.
• Serious misdemeanor: Under Iowa Code §703.2, up to one year in jail and a fine between $430 and $2,560.
• Aggravated misdemeanor: Under Iowa Code §703.2, up to two years in prison and fines between $855 and $8,540.
• Class D felony: Under Iowa Code §703.2, up to five years in prison and a fine between $1,025 and $10,245.
• Class C felony: Under Iowa Code §902.9, up to ten years in prison and a fine between $1,370 and $13,660.
• Class B Felony: Up to 25 years in prison, without the option of parole for some crimes like second-degree murder.
• Class A Felony: Under Iowa Code §906.1, it is punishable with life imprisonment without parole, most commonly for first-degree murder.

Punishments can be even more severe if aggravating factors are present, such as the use of a weapon or prior convictions.

Common Defenses We Build In Criminal Cases

Building a strong defense is key to protecting your rights. Based on the facts, we often pursue one or more of the following defenses:

Before we go through the list, it is important to remember that every case is different, and the best defense will depend on the specific circumstances.

• Lack of evidence: Challenging whether the prosecution can meet its burden of proof.
• Violation of constitutional rights: Includes actions such as unlawful search and seizure.
• Self-defense: Particularly relevant in assault and battery cases
• Mistaken identity: Arguing that the defendant was wrongly identified
• Consent: In certain cases, proving that the alleged victim consented to the actions

Each of these defenses requires careful legal work to prove. We prepare meticulously to ensure your rights are protected at every stage.

Key Local Courts You Should Know

If you are facing criminal charges in Iowa, chances are your case will be heard in one of the following local courts.

Des Moines:

• Polk County Courthouse: Handles the bulk of criminal cases in Des Moines
• Polk County Justice Center: Often, where initial appearances and pretrial motions are held

Ames:

• Story County Courthouse: Serves Ames and surrounding areas. This includes criminal court, juvenile court and small claims.

Iowa City:

• Johnson County Courthouse: Handles felony, misdemeanor and juvenile cases in Iowa City.

Each of these courts operates under the Iowa Rules of Criminal Procedure, but local practices and courtroom expectations can differ.

What Sets Marberry Law Firm, P.C., Apart?

When hiring a lawyer, you want someone who knows the law and the courts and how to win. At Marberry Law Firm, P.C., we focus on delivering results-driven representation. We offer:

• Extensive local experience: Our attorneys have years of practice in the local courts of Urbandale, Des Moines, Ames and Iowa City.
• Client-centered approach: We prioritize communication, keeping you informed and involved at every stage of your case.
• Aggressive defense strategies: We do not take a passive approach; we prepare a proactive, customized defense for every client.
• Proven track record: We have successfully defended clients against various criminal charges, from misdemeanors to serious felonies.
• Dedicated team: When you work with us, you gain a team of attorneys who treat your case with the urgency and seriousness it deserves.

Choosing the right attorney is critical. We do not just represent you; we fight for you.

Ready To Fight For Your Future

If you are facing criminal charges in Urbandale, Des Moines, Ames or Iowa City, our attorneys at Marberry Law Firm, P.C., are ready to stand by your side and fight for the best possible outcome.

Call 515-989-6794 or fill out the online form to speak with an experienced team of criminal defense lawyers today. The sooner you reach out, the sooner we can start building your defense.