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Iowa Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law and Legal Malpractice for Iowa on
Q: I have a warrent for failure to appear when my lawyer said I didn't need to

She said case was over because owner of truck claimed the small bag of drugs and a pipe her served jail and on probation. Now my lawyer say that the warrent will be quashed if I plead guilty to the pipe. Why would I do that it wasn't mine

0 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Gov & Administrative Law for Iowa on
Q: As a public witness to a trial in the state of Iowa, do I have a standing to raise constitutional issues with the court?

I witnessed a libelous prosecution and I possess the video evidence in the case that proves this as fact. I published sentiments detailing the publicly witnessed detriment and the Court disenfranchised these sentiments by assigning them as from an interested party. I produced a pro se brief on... Read more »

0 Answers | Asked in Criminal Law for Iowa on
Q: Does one comment on Facebook constitute terrorism charge. It was deleted :no FBI investigate, no evacuations .

Said as a sarcastic joke on another’s post only one comment -deleted.

0 Answers | Asked in Criminal Law and Federal Crimes for Iowa on
Q: Husband has been fed. indicted in IA. Northern Dist. What website can I see his charges for free?

The state of Iowa dropped his charges. And the feds picked them up. We don't know why. His name is Timothy Allen Steinbeck. He is not a violent man. And has had one small misdemeanor charge for Marijuana over 10 years ago. His state charges were failure to affix a drug stamp. And possession... Read more »

0 Answers | Asked in Criminal Law and Appeals / Appellate Law for Iowa on
Q: Where is this best place to get help completing a pardon and firearm right restoration form?

A little over 15 years ago when I was barely 18 I was with the group of people and they took 2 Yorkies out of a woman's garage. The dogs were purebred and valued high which resulted in a burglary in the 2nd charge. That is the only criminal charge on my record and a huge mistake. I have every... Read more »

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... Read 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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1 Answer | Asked in Bankruptcy, Criminal Law and Appeals / Appellate Law for Iowa on
Q: I feel I wasn’t treated fairly in my hearing what can I do
Timothy Denison
Timothy Denison
answered on May 11, 2022

Appeal or ask for a rehearing.

1 Answer | Asked in Criminal Law for Iowa on
Q: I was riding In car with 2 friends and the cops found 260 gr of meth that was the driver's of the car they charged consp

The driver of the car who the meth belonged to won't say its his

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

That's called constructive possession. Speak with your attorney about it and see what if any defenses you might have.

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... Read 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... Read 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: 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... Read 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.... Read 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: 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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1 Answer | Asked in Criminal Law and Traffic Tickets for Iowa on
Q: I got a citation in Iowa for not stopping and yielding to the right of way

And my vechile had no AC and I left from a different state from a Abusive spouse and dealing with a divorce and with me driving trying to figure out we’re to go I see a stop sign brake and my brakes squeak and I drift into the right of way car and he hits me totaled my vechile and I feel I was... Read more »

Benjamin Kohn
Benjamin Kohn
answered on Jul 11, 2020

It sounds like you have at least three issues: (1) civil fault for the accident; and (2) the two simple misdemeanor traffic charges for disobeying the stop sign and for failing to yield; and (3) being a victim of domestic abuse.

While I can't provide legal advice based on such an...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Iowa on
Q: how long after my promise to appear is my tral?

my charges are all drug related misdemeanors and i have no record.

Benjamin Kohn
Benjamin Kohn
answered on Jul 11, 2020

Although you have a right to a speedy trial (though even what that's been held to constitute is going to be different due to Covid, as is when a trial can be scheduled), which in ordinary times without a pandemic would require extremely good cause to be longer than a set number of days... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Iowa on
Q: On May 25, 2018 someone opened a car door into my daughter's lane of traffic causing her to hit the door resulting death

Is it too late to proceed in a criminal case against the person that opened the door

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jun 1, 2020

There is no way to answer your question. Only prosecutors have the power/authority to file criminal charges. You can file a report with the police, but only a prosecutor has the discretion to bring charges.

Has an estate been opened? The estate has the right to bring the action.

If...
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