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Questions Answered by Mr. Nicholas A. Sarcone

1 Answer | Asked in Federal Crimes and Criminal Law for Iowa on

Q: What are the charges on a felon in possession of a firearm in his dwellings in state of Iowa first time

Charged with two counts of possession of firearm as a felon

Mr. Nicholas A. Sarcone answered on Aug 28, 2017

I'm not entirely sure what you are asking. I assume that is two counts of felon in possession of a fire arm in federal district court in Iowa? The penalties depend on prior criminal history. The federal sentencing guidelines are complicated and you will need excellent representation.

1 Answer | Asked in Criminal Law for Iowa on

Q: is having a prior possession charge probable cause to search with k9 on licence plate light stop in iowa

prior possession of meth in December. same officer pulled me over again, I denied their search they said my prior was probable cause to bring k9 to car

Mr. Nicholas A. Sarcone answered on Aug 2, 2017

Not necessarily and perhaps not even likely. This of course is a fact dependent question and not answerable without more information. However, if that is the only reason to stop and/or bring a K-9 to the car you may have a good motion to suppress.

1 Answer | Asked in Criminal Law for Iowa on

Q: If I was arrested at night on a warrant that had been canceled that morning do they have the right to search my vehicle

Mr. Nicholas A. Sarcone answered on Feb 23, 2017

There is no general search incident to arrest exception to the warrant requirement in Iowa thanks to recent decisions of the Iowa Supreme Court. So, unless the police had a warrant to search your vehicle, and that warrant was valid, then it is possible it was a bad search.

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on

Q: Is it legal for a 15 year old boy to have sex with a 13 year old girl with her consent in Iowa?

What charges could be pressed against me or her if it is illegal?

Mr. Nicholas A. Sarcone answered on Feb 23, 2017

No. Sexual Abuse.

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Iowa on

Q: Can person "sell" their own property to their girlfriend/boyfriend in a domestic situation?

Man owns a mobile home. His mother and girlfriend live in the same home. His girlfriend pays rent and other bills. His mother does not. His mother attacks his girlfriend and he gets in the middle to prevent more physical harm to the girlfriend. Mother calls cops. Cops arrest man. Can man sell his... Read more »

Mr. Nicholas A. Sarcone answered on Feb 23, 2017

It is not necessary to sell your mobile home in order to evict your mother. There is an eviction process which a lawyer can help you with. The lawyer is allowed contact with the protected party and can therefore effectuate the eviction.

3 Answers | Asked in Criminal Law for Iowa on

Q: Is it legal to put someone in custody and not serve them with a warrant until nine days later

Mr. Nicholas A. Sarcone answered on Feb 23, 2017

Yes. A warrant is not always necessary for an arrest. Also, in cases where a warrant is necessary, as long as the warrant has been obtained it is necessary that it be physically present. Although, 9 days is quite a while to wait to serve it.

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1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on

Q: My son is 15 and punched a kid in face for calling his friend the N word. Cop charged him with serious assault. what now

Cop brought my kid home said he was honest so he's not taking him to J.D. N citeing him for simple assault cause kid had bump above his eye. . 20 min later cop came back n said he made mistake n has to take him to station and charge him with serious assault. With him being athletic and baseball... Read more »

Mr. Nicholas A. Sarcone answered on Feb 21, 2017

The case will likely be referred to juvenile court services. Juvenile court services has a number of options to keep him out of court or they can refer him to court for prosecution. You need to hire a lawyer and go over all the various possibilities and prepare yourself for the Juvenile Court... Read more »

1 Answer | Asked in Criminal Law for Iowa on

Q: What do I state exactly in my response to an in rem forfeiture complaint if I'm trying to get property back??

In my case it's cash so wouldn't I just provide paycheck stubs?? Thank you

Mr. Nicholas A. Sarcone answered on Feb 18, 2017

The information you need is contained in Iowa code section 809A.13. However, it's complicated and you really need a lawyer well versed in forfeiture law to help. Happens to be an area I practice in frequently. If I could specifically answer your question I would but it's very fact dependant.

1 Answer | Asked in Criminal Law for Iowa on

Q: is a person required by law to report a vehicle they own has been stolen?

Mr. Nicholas A. Sarcone answered on Feb 18, 2017

No. There is no requirement that you report it stolen. However, there are many good reasons to do so. Including that the vehicle maybe registered and titled in your name. Additionally, if it is found or if an officer conducts a traffic stop on the vehicle it will assist in you obtaining the return... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on

Q: My son is 16 n charged with 2nd degree burglary for kicking in a door while the family was asleep.

He did not enter the home. Is this still burglary??

Mr. Nicholas A. Sarcone answered on Feb 18, 2017

This is a good question which does not necessarily lend itself to an easy answer. I would make the legal argument that he did not enter and therefore could not have committed a burglary. However, if his body crossed the plane of the door while breaking it, a Court may deem that sufficient for... Read more »

1 Answer | Asked in Criminal Law and Probate for Iowa on

Q: probation/probation violation

If one is on probation and they are not to be in an environment that sales are 50% or more of alcohol can a cop arrest you for being there if you are not technically doing anything wrong? By technically if they have no other reason to arrest you other than being there(not driving while intoxicated,... Read more »

Mr. Nicholas A. Sarcone answered on Feb 18, 2017

Typically, you would not be arrested. A report maybe made to your probation officer who could then file a report of violation and request a warrant from the Court. Could you be arrested? Maybe. Are you likely to be arrested. No. Depending on your underlying conviction you might be able to have a... Read more »

1 Answer | Asked in Criminal Law for Iowa on

Q: If I get caught drinking underage, what will happen to me

Mr. Nicholas A. Sarcone answered on Feb 18, 2017

Most likely, you would receive a possession of alcohol under the legal age ticket (Paula). This ticket is a simple misdemeanor. It can be expunged if you do not receive any additional criminal charges within the next two years. Typically, you would receive a fine on the ticket. If you hire a lawyer... Read more »

1 Answer | Asked in Criminal Law for Iowa on

Q: If a video is missing footage can that make the tape inadmissible, in a criminal case?

Mr. Nicholas A. Sarcone answered on Feb 18, 2017

It is possible that if a video is incomplete or has been tampered with it might be inadmissible. It depends on the specific facts and circumstances. It would not be per se inadmissible.

1 Answer | Asked in Juvenile Law and Criminal Law for Iowa on

Q: I'm 18 and she is turning 17 can she move in with me at my parents house

Mr. Nicholas A. Sarcone answered on Feb 18, 2017

The answer to your specific question is yes, she can move in with you. The underlying question might be can the two of you engage in sexual activity, legally? The answer is also yes. Iowa Code Section 709.4 (sexual abuse) does not make it a crime for persons of your age to engage in sexual... Read more »

1 Answer | Asked in Criminal Law for Iowa on

Q: if someone pleads guilty to a crime and evidence comes out later they are innocent can they use that evidence

Mr. Nicholas A. Sarcone answered on Feb 17, 2017

That issue is currently on appeal to the Iowa Supreme Court. It should be decided by the end of this adjudicative term (May).

1 Answer | Asked in Criminal Law for Iowa on

Q: If doing preliminary hearing robbery charge was dismissed can I be charge again for same charge?

Mr. Nicholas A. Sarcone answered on Feb 17, 2017

Yes, you can still be charged again with the same crime. The State is free to bring the charge via trial information.

1 Answer | Asked in Criminal Law for Iowa on

Q: If a man has a nude picture on a dating site, can he be charged if an underage girl accesses it?

during the course of an email exhange with the girl, the man tells her the pic is available on the website

Mr. Nicholas A. Sarcone answered on Feb 17, 2017

That is not likely a crime unless it is done to solicit similar pictures or other sexual contact/conduct from an underage girl. However, to be safe, I would not engage in any such activities with anyone under the legal age. Additionally, you should be aware that law enforcement frequently pose as... Read more »

1 Answer | Asked in Criminal Law for Iowa on

Q: If I am 18 and my 15 year old boyfriend gets me pregnant can I get in trouble with the law for that?

Mr. Nicholas A. Sarcone answered on Feb 17, 2017

Iowa Code Section 709.4 makes it a crime to commit a sex act with a 14 or 15 year old if 1) You are members of the same household, 2) you are blood related within 4 degrees, 3) You are in a position of authority and use that authority to force submission into the sex act, or 4) you are 4 or more... Read more »

1 Answer | Asked in Criminal Law for Iowa on

Q: What is the general penalty for harassment in the second degree in polk county Iowa

Mr. Nicholas A. Sarcone answered on Feb 17, 2017

Harassment 2nd Degree is a serious misdemeanor punishable by up to 1 year in county jail.

1 Answer | Asked in Criminal Law for Iowa on

Q: My son is 17 and a 14 yr.old girl came to our home while we were gone and said he assaulted her, can he be charged ?

Mr. Nicholas A. Sarcone answered on Feb 17, 2017

Yes. He can be charged if the police believe that an assault occurred. He could be charged as an adult or a juvenile. That is up to the County Attorney's discretion.

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