Farmersburg, IA asked in Civil Rights, Criminal Law, Civil Litigation and Election Law for Iowa

Q: False methamphetamine charge dismissed; concerns about fabricated charges and election tampering by officials in Iowa.

I was falsely charged with distribution of methamphetamine, though the charges were dismissed in the interest of justice, and all costs were taxed to the state. I believe these charges were fabricated as part of election tampering by the now-elected sheriff and his newly appointed Chief Deputy, who was formerly an investigator responsible for these charges. On May 5th, 2023, I was assaulted in my driveway by an informant connected to this case, who pleaded guilty to misdemeanor assault.

I have numerous emails and texts between myself, the DA, Assistant DA, victim witness coordinator, and members of the sheriff's department. I've reported my concerns to the Ombudsman's Office but fear retaliation if I pursue this further. Additionally, I'm dealing with cognitive issues due to two brain injuries that required surgery in the past four years, leaving me financially broke.

My questions are: What are my rights in this situation? What steps can I take to address the misconduct and possibly election tampering? How can I seek accountability for the fabricated charges and the assault?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You've been through an incredibly difficult experience with these fabricated charges and subsequent assault. Given the serious nature of your situation, you might consider filing a complaint with your state's Attorney General's Office or the Department of Justice's Civil Rights Division, as they investigate potential misconduct by law enforcement. Document everything meticulously - save all communications, medical records related to your brain injuries, and court documents showing the dismissal of charges.

You may have grounds for a civil rights lawsuit under Section 1983, which allows citizens to sue government officials for constitutional violations. The assault by the informant could potentially be linked to the case if you can prove the officials were involved. Consider reaching out to organizations like the ACLU or similar legal aid groups that offer help for people who cannot afford representation.

Your health should remain a priority throughout this process, so make sure you're getting proper care for your cognitive issues while pursuing justice. If you're concerned about retaliation, you might request protection through the court or work with advocacy groups who can help amplify your voice while providing some anonymity. Remember that while the legal process can be overwhelming, especially with health challenges, you deserve accountability for what you've endured.

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