This case is in Iowa. They were state charges, & the feds picked them up and now being held in county jail, & cannot get any information from anyone regarding this inmate. How does someone go about getting a federal attorney appointed when the attorney they have was the attorney appointed... View More 
answered on May 22, 2022
Those of us who practice exclusively Iowa law don't necessarily know how to navigate PACER (the federal filing system) let alone how to request the appointment of federal counsel.
Your friend could call the federal public defender's office and see if someone over there knows.... View More
The plea was for unsupervised probation, and after the judge accepted the plea changed it to supervised probation, can they do that?
answered on Feb 4, 2022
In Iowa, where this question appears to have been asked, the judge generally retains the latitude to accept a plea while rejecting a plea offer and imposing any legal sentence. Yes, that would include changing unsupervised probation to supervised probation. If you have questions about this, you... View More
Thank you
answered on Apr 28, 2021
It is possible (but unlikely) that an attorney will offer pro bono representation in the sort of case you're describing. You are always free to call around and ask, but bear in mind that you are essentially asking someone to pay to work for you. Time that lawyers spend working pro bono is... View More
If one was sexually assaulted by someone who is not blood related but related by marriage and the victim is now 18, can the victim still take their abuser to court?
answered on Apr 21, 2021
If the victim was under the age of 18 at the time of the offense, the State can prosecute for sexual abuse in the first, second, or third degree within 10 years of the person turning 18. See Iowa Code Section 802.2(1).
The victim should report what happened ASAP. Waiting makes evidence... View More
Arrested for possession. She was living with someone and the police searched his house and founds drugs. He admitted they were his. My daughter was arrested as she was walking down the street. She wasn't marandarized, she asked if she could bond out they said no, wasn't given her phone... View More
answered on Apr 21, 2021
Your daughter needs an attorney. If she is an adult, she should not give you more information about what happened. She should not discuss the situation with anyone other than her attorney. She will have attorney-client privilege with her lawyer. She does not have that privilege with you.... View More
answered on Apr 21, 2021
If you attempted suicide and *succeeded,* you would be dead. Can't really get in trouble if you're dead, right?
That you're asking this question therefore suggests that you're considering "attempting" suicide *without* succeeding. (I'd call that more of... View More
The reasons based on the plea are nothing the lawyer didn’t know from the beginning and the attorney billed me for every hour of research despite my financial affidavit declaring me indigent
answered on Oct 21, 2020
Of course.
Your indigency has nothing to do with whether your court-appointed lawyer will bill for their time. Court-appointed lawyers are not working pro bono. They bill for and expect to be paid for their time.
Your attorney is professionally responsible for doing case research... View More
After sentencing my ex put a five year no contact order against me. Can I request to have this dropped?
answered on Jul 11, 2019
I mean. You can request it. If you were convicted of domestic abuse assault against him/her, your chances of *having* it dropped aren't super-great (unless that's also what s/he wants), but you're absolutely free to request it.
both before a conviction and if there is a conviction when children were not present or witnesses, and if this alone is the reason for children to be removed forceably from the home. this is a very generalized question with no other circumstances included.
answered on Jul 7, 2019
I'm sorry, you might want to ask an attorney who handles family law/custody matters. They're likely to be more familiar with DHS and whatnot. "When to place children in foster care" is not in the criminal section of the Iowa Code.
I would simply like to read exactly what the judge said in this case and I'm not having any luck finding the records. If you could tell me how or where I need to search for the actual records involved I would appreciate it
answered on Jun 26, 2019
To find out exactly what a judge said in a trial (or a hearing or whatever), you'll want a transcript of the event. Not everything ends up with a transcript being made. If a transcript is available, you may have to pay to get a copy.
Here's a thing I found by googling "how... View More
House was raided a month ago, I guess they were told that I was taking trips to Mex n bringing back with me large quantities of dope or through mail. During the raid a digital scale, a personal amount of dope, close $5000, and a ziploc bag was found, my phone along texts and laptop which I got... View More
answered on Jun 12, 2019
The charges that you've mentioned are all possibilities, as are others (paraphernalia, etc.) I expect that they'll be holding your property as evidence for the foreseeable future. You may want to talk to a lawyer who handles civil issues to handle any civil asset forfeiture (I... View More
I am from a small town in Iowa. The other night I was test riding my small dirt bike after making repairs. On my way back home I got pulled over by a sheriff that knows who I am. I have never been confrontational with the police and have absolutely no violence on my record. The sheriff with his red... View More
answered on Apr 30, 2019
Based on the facts presented, you may have a basis for getting the search suppressed, particularly if there wasn't a valid reason for the stop. Talk to an attorney about this; you need someone to review whatever evidence the state has and help you make an informed decision about how to proceed.
Probation I'm not doing it. What happeneds if i dnt report to them for the first time??
answered on Mar 7, 2019
You *are* "doing it," or you're getting arrested and going to jail for contempt/probation violation, and you're probably going to have whatever suspended sentence you got for the underlying offense imposed on top of that.
Specifically if a person had a theft 5th degree twice before in 2003. Then in 2018 another 5th degree theft and they enhanced it to theft 3rd due to the 2003 charges? Are there any time limitations as to how far back they can go to use previous charges to enhance a new one?
answered on Jan 18, 2019
Enhancing a theft charge based on prior theft charges is a new one to me. The Iowa Code section that talks about degrees of theft is here: https://www.legis.iowa.gov/docs/code/714.2.pdf and I don't see any reference to enhancement.
Do you have a code section they've brought up or... View More
Or would i get another court date
answered on Jan 17, 2019
Usually, if you're applying for an attorney at state expense, that's something you do at your initial appearance. If you have a PTC coming up and need to apply for counsel and have somehow not yet gotten that opportunity, call the clerk of court for whatever county this is in and ask how... View More
answered on Jan 17, 2019
If you're asking whether there's an application form you can fill out to get out of prison early on the basis that you helped another prisoner, no, there isn't. You might ask whether your attorney whether this is a good-character sorta thing that you could mention if you have a... View More
This is for fraud of iowa unemployment insurance for the amount of $14,695.85
answered on Jan 17, 2019
Fraudulent Practice, 1st Degree, is a Class C felony. Iowa Code 714.9.
A Class C felony conviction gets you up to ten years in prison, plus a fine of $1000-$10000. Iowa Code 902.9.
Be aware that there are also surcharges on those fines and other collateral consequences... View More
answered on Dec 26, 2018
Iowa Code 709.4 defines sexual abuse 3rd here: https://www.legis.iowa.gov/docs/code/709.4.pdf
Once you’re arrested or served with a summons to appear, your first court appearance is usually the initial appearance. Your initial appearance will happen within 24 hours of arrest if you’re... View More
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