chapter 815 as a criminal proceeding from commencement by filing a complaint “to final judgment on behalf of the state.” Iowa Code § 801.4(13). We must determine, then, whether the postacquittal proceedings that are the subject of this appeal occurred prior to “final judgment on behalf of the state.” Id. The legislature chose to make the process for obtaining reimbursement for the costs of legal assistance part of the criminal case. The State is not required to initiate a separate suit against a person acquitted of criminal charges to recover these costs. Rather, “all costs and fees incurred for legal assistance” automatically become “due and payable to the clerk of the district court by the person receiving the legal assistance ... within thirty days of the acquittal or 402 (1998) (<HOLDING>). Our interpretation of the governing statutes
holding attorney fees may be allowed for expenses incurred for default holding attorney fees not allowable as costs holding because washington statute provided for acquitted defendants recovery of attorney fees by motion in criminal action rather than in independent civil action postacquittal attorney fees and costs were incurred in defense of criminal action and therefore subject to reimbursement recognizing the general rule that a claimant in a malicious prosecution or abuse of process action can recover attorney fees incurred in defending against the prior wrongful litigation but cannot recover attorney fees incurred in bringing the malicious prosecution or abuse of process action itself and applying the same rule where the abuse of process claim is brought as a counterclaim to wrongful litigation rather than as a later separate action holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case