Appearance of the defendant

Rules Of Criminal Procedure

Rule: 2.58

Jurisdiction: IA

Bluebook Citation: Iowa R. Crim. P. 2.58

2.58(1) Arrest and appearance. An officer making an arrest with or without a warrant shall take the arrested person before a magistrate either personally or by interactive audiovisual system Ch 2, p.78 CRIMINAL PROCEDURE May 2025 as provided by rule 2.27(1)(a) within 24 hours unless no magistrate is available and in all events within 48 hours. 2.58(2) Arrest without a warrant. When a person is arrested without a warrant, a complaint shall be filed immediately. 2.58(3) Determination of probable cause. If the defendant received a citation or was arrested without a warrant, the magistrate shall, prior to further proceedings in the case, make a determination from the complaint or affidavits filed with the complaint whether there is probable cause to believe that an offense has been committed and that the defendant has committed it. The magistrate’s decision in this regard shall be entered in the record. 2.58(4) Prosecution of corporations. A corporation may be summoned as provided in Iowa Code chapter 807. [66GA, ch 1245(2), §1302; 67GA, ch 153, §84; Report November 9, 2001, effective February 15, 2002; Court Order October 14, 2022, effective July 1, 2023]

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.