Did you know you have the right to a speedy indictment?  In Iowa, when an adult is arrested for the commission of a public offense and an indictment is not found within 45 days of arrest and initial appearance, the Court must order the prosecution to be dismissed, unless the County Attorney can show good cause.

When one is arrested, they must be taken before a magistrate without unnecessary delay.  Once the arrested person appears before the magistrate or judge, the clock starts ticking.  Typically, formal charges are brought through a charging document called a “Trial Information”.  The County Attorney prepares the document for approval by a judge.  If this is not done timely, the judge must dismiss the case unless the County Attorney can show good cause.

At Ellis Law Offices, P.C., we know the Rules of Criminal Procedure.  We calculate deadlines to make sure your constitutional and statutory rights are protected.  Recently, we were able to secure a dismissal because our client’s right to speedy indictment was violated.

If you or a someone you know is contacted by law enforcement, you should seek the advice of an experienced attorney.

Ryan Ellis