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Your put in jail for a simple misdemeanor driving while

suspended. officer files complaint and...
your put in jail for a simple misdemeanor driving while suspended. officer files complaint and affidavit, have initial appearance. arraignment is scheduled. arrested in the same building the jail is in. House is unlocked and have a dog. I need to let someone know to let him out, feed him, ect. okay they let you call a friend to watch pets. Bond $2000.00. this is a driving while suspended charge they have video and witness. Ask to call your lawyer. Nope !! you had your one call sorry. 4 days goes by. doesn't trial info need to be filed actually charging her to keep her in jail? What would the arraignment be for if there is no actual charge, just a complaint ?
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Answered in 10 hours by:
1/13/2017
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 126,705
Experience: Attorney with over 24 years of law and traffic law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The traffic affidavit is the charge and you can be arraigned on that citation. The Constitution interpreted by the court gives you ONE phone call after booking. If she got the one call, that is all she is entitled to get. The Complaint and Affidavit on a traffic misdemeanor is the complaint the court holds arraignment on. Bond must be set at something reasonable pursuant to the 6th Amendment and arraignment needs to take place within 72 hours unless there is some good cause for delay such as that falls on a weekend or holiday.
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Customer reply replied 1 year ago
Citation and booked into jail on Friday morning the 11th of Jan. $2000 bond. Set arraignment for Jan 23. Where in rules of criminal proceedure can I find the 72 hour rule?
Customer reply replied 1 year ago
Where can I find the rules on the court proceedures for a simple misdemeanor charge?

Thank you for your reply.

Iowa Code §811.1A(2)(b) is where it states arraignment needs to take place within 72 hours of arrest. Also, you can read this link about criminal procedure in IA: https://www.legis.iowa.gov/docs/publications/LG/14969.pdf

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Customer reply replied 1 year ago
I heard the 72 hr rule in is doesn't apply to simple misdemeanors. As well as preliminary hearings.
Thank you for your reply.
It applies if you are actually being held in jail, not if you are released.
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 126,705
Experience: Attorney with over 24 years of law and traffic law
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