Central Iowa Juvenile Detention Center Criminal Court Process

Misdemeanor (for example, theft, a first OWI, assault, trespass)

With Iowa State University in Ames, Story County sees a steady flow of low-level cases such as public intoxication, possession and first-time OWI. All of them land at the Justice Center in Nevada. The Story County Attorney prosecutes state charges, while a city may pursue its own ordinance violations.

Release after booking

After booking, a person can often go home the same day by paying bail from the schedule or signing a written promise to appear. Anyone still held appears before a magistrate, frequently over video from the jail. Where Ames or county officers made the arrest without a warrant, a judge has 48 hours to confirm probable cause existed. The magistrate sets release conditions and handles requests for a lawyer.

Which judge

• Simple misdemeanors: magistrate.
• A district associate judge takes the serious and aggravated tiers, OWI among them.

A lawyer at no upfront cost

Complete a financial affidavit at the first hearing or with the clerk. Qualified defendants are usually assigned to the State Public Defender's Nevada office. Repayment of attorney fees may be ordered later.

Penalty ranges

• Simple: 30 days maximum; fine $105–$855.
• Serious: one year maximum; fine $430–$2,560.
• Aggravated: two years maximum; fine $855–$8,540.
• OWI, first offense: 48 hours minimum in jail, $1,250 fine, license revocation (usually 180 days for a failed test and longer after a refusal), an evaluation, and the drinking-driver course. Restricted licenses with an interlock device are often possible.

Typical result

Negotiated pleas dominate. Students and other first-time defendants frequently seek a deferred judgment, which ends in dismissal and removal from the public docket once probation is completed. Simple charges tend to close within a few weeks, while a Story County serious or aggravated case more often needs between one and four months.

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Felony (for example, burglary, felony theft, drug distribution, willful injury)

Once a charge reaches felony level, a district court judge in Nevada presides and the stakes include state prison. The process is driven by a few firm statutory deadlines.

Step by step

1. Initial appearance before a magistrate, with bail or pretrial supervision conditions set.
2. Preliminary hearing within 10 days for a jailed defendant or 20 days for one who is out, unless the County Attorney files a trial information first.
3. Formal charge, by trial information or grand jury indictment, within 45 days of arrest, or the case is normally dismissed.
4. Arraignment at the Justice Center, where the defendant answers the charge with a plea.
5. Trial within 90 days of the formal charge unless speedy trial is waived, and within one year of arraignment.

Class and exposure

• Class D felony: up to 5 years; $1,025–$10,245.
• Class C felony: up to 10 years; $1,370–$13,660.
• Class B felony: 25 years at most, stretching to 50 for a few specific offenses.

Mandatory minimums apply in some situations: 5 years for a firearm used in a forcible felony and 3 years for a habitual offender.

Likely endings

Plenty of Class C and D cases in Story County end with probation, a deferred or suspended sentence, or time at a community corrections residential facility instead of prison. Pretrial supervision through the Department of Correctional Services lets some defendants stay out of jail while the case is pending. Plan on four to twelve months from arrest to disposition.

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Violent felony (for example, murder, sexual abuse, robbery)

Homicide, sexual abuse and robbery charges are prosecuted by the Story County Attorney in district court in Nevada. These are forcible felonies, so a deferred judgment or suspended sentence is off the table if there is a conviction, and judges often set high bail.

Sentences set by statute

• First-degree murder in Story County: Class A; mandatory life without parole.
• Murder in the second degree: Class B; up to 50 years with 70% served before parole eligibility.
• Sexual abuse, first degree: Class A life without parole. Second degree: Class B, 25 years, 70% served. Third degree: Class C, 10 years.
• Robbery, first degree: Class B, 25 years. Second degree: Class C, 10 years. In each, the judge picks a mandatory minimum from 50% to 70%.

Story County prosecutors cannot seek execution, since the Iowa legislature did away with the death penalty in 1965.

Representation

Eligible defendants are represented by the State Public Defender, or by a contract attorney when a conflict exists. Expect extensive discovery, depositions and expert review.

Victims' role

Iowa law gives victims the right to be notified, to attend hearings, to give an impact statement, and to receive restitution.

How long

One to two years, sometimes more, is a realistic estimate for a Story County violent felony that goes the distance.

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