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Questions Answered by Katherine Sears
1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: When feds pick up a state case how does that person get appointed a federal lawyer,from their state lawyer

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

Katherine Sears
Katherine Sears
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....
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2 Answers | Asked in Criminal Law for Iowa on
Q: Once a judge accepts a plea with a certain sentence can the judge change that sentence

The plea was for unsupervised probation, and after the judge accepted the plea changed it to supervised probation, can they do that?

Katherine Sears
Katherine Sears
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

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1 Answer | Asked in Criminal Law for Iowa on
Q: Hello. If someone can get this message. Can you tell me if possible to get a pro bonus lawyer to represent someone

Thank you

Katherine Sears
Katherine Sears
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

1 Answer | Asked in Criminal Law and Sexual Harassment for Iowa on
Q: If I'm 18 & this has happened to me, can I still take them to court?

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?

Katherine Sears
Katherine Sears
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...
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1 Answer | Asked in Criminal Law for Iowa on
Q: Daughter was arrested, she had phone ON HER. When released they kept her phone and her driver's license. No warrant

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

Katherine Sears
Katherine Sears
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

1 Answer | Asked in Criminal Law and Family Law for Iowa on
Q: If I were to attempt suicide while pregnant in the state of Iowa would I get in trouble
Katherine Sears
Katherine Sears
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...
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1 Answer | Asked in Criminal Law for Iowa on
Q: Is it ok for a court appointed attorney to Bill you for trial research and then 2 days before trial urge you to plea

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

Katherine Sears
Katherine Sears
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...
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2 Answers | Asked in Criminal Law and Domestic Violence for Iowa on
Q: I was charged with domestic abuse assault- first offense in Iowa

After sentencing my ex put a five year no contact order against me. Can I request to have this dropped?

Katherine Sears
Katherine Sears
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.

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1 Answer | Asked in Criminal Law for Iowa on
Q: if a female single parent is charged with assault is this a justifiable reason to place children in forced foster care

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.

Katherine Sears
Katherine Sears
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.

1 Answer | Asked in Criminal Law for Iowa on
Q: Where can I read what the said in a case involving Keilon Hill in Des Moines Iowa

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

Katherine Sears
Katherine Sears
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...
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2 Answers | Asked in Criminal Law and Federal Crimes for Iowa on
Q: What can I get charge with ?

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

Katherine Sears
Katherine Sears
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

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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Iowa on
Q: I need to know if I was illegally searched.

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

Katherine Sears
Katherine Sears
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.

1 Answer | Asked in Criminal Law for Iowa on
Q: I was ordered to report to supervised probation. probation is not going to fly with me, how do i get around not doing it

Probation I'm not doing it. What happeneds if i dnt report to them for the first time??

Katherine Sears
Katherine Sears
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.

1 Answer | Asked in Criminal Law for Iowa on
Q: In the state of Iowa are there any time constraints as to how far back they can go to a prior charge for enhancement?

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?

Katherine Sears
Katherine Sears
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...
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1 Answer | Asked in Criminal Law for Iowa on
Q: pre trial conference for a simple misdemeanor, was wondering if i apply for an attorney do i get one right away

Or would i get another court date

Katherine Sears
Katherine Sears
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

1 Answer | Asked in Criminal Law for Iowa on
Q: Online it says sentence date null..my friend was charged with possession..2nd offense..what does that mean
Katherine Sears
Katherine Sears
answered on Jan 17, 2019

It means that your friend hasn't been sentenced yet.

1 Answer | Asked in Criminal Law for Iowa on
Q: Is there an Iowa application for early release from prison for performing hymlech on another inmate
Katherine Sears
Katherine Sears
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

1 Answer | Asked in Criminal Law for Iowa on
Q: Can you tell me if im looking at jail time for fradulent practice in the 1st degree.

This is for fraud of iowa unemployment insurance for the amount of $14,695.85

Katherine Sears
Katherine Sears
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...
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1 Answer | Asked in Criminal Law for Iowa on
Q: I am getting charged with sexual abuse 3rd degree what will happen to me
Katherine Sears
Katherine Sears
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...
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