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Iowa Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Iowa on
Q: I was on probation in 2 states SD and IA, SD Judge gave me early discharge, SD reached out to IA and IA said they had no

Contact with me even though I went to meet my po in IA and she violated me for something I was already violated for in SD. The charges were dropped. IA told SD they had no contact with so SD didn't release me back to IA then the judge gave me early discharge, but IA is saying I'm still on... View More

0 Answers | Asked in Criminal Law and Domestic Violence for Iowa on
Q: I have a civil protection order in place. The defendant has messaged me numerous times and I have not responded.

Can someone be charged each time they contact you when you have a no contact order? He is also trying to get me into trouble. I have responded. But within the past week I have not and have around 100 messages from him, maybe more. He continues to make fake email accounts and snapchats to try to get... View More

0 Answers | Asked in Criminal Law and Domestic Violence for Iowa on
Q: I have a civil protection order in place. The defendant has messaged me numerous times and I have not responded.

Can someone be charged each time they contact you when you have a no contact order? He is also trying to get me into trouble. I have responded. But within the past week I have not and have around 100 messages from him, maybe more. He continues to make fake email accounts and snapchats to try to get... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Iowa on
Q: having a phone conversation with daughter. lady told her she was going to record our conversation. Is this legal

My daughter lives with this woman and she's using this information to cause me legal problems

James L. Arrasmith
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answered on Nov 5, 2023

In Iowa, the law permits recording a conversation if one party to the conversation consents to the recording. This means that if your daughter or the lady intended to record the conversation agreed to the recording, it would typically be legal.

However, if the recording is being used to...
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0 Answers | Asked in Animal / Dog Law, Criminal Law and Landlord - Tenant for Iowa on
Q: Is it an Affirmative Defence when a dog owner leaves his dogs behind without any other alternative for placement?

I was forcefully evicted by court order to vacate the premises of my own mobile home for failure to pay lot fee; I notified the property lot manager at eviction hearing proceeding; that the dogs would be left behind within the residence due to prior failed attempts for placement of the animals. I... View More

0 Answers | Asked in Criminal Law for Iowa on
Q: My roommate has a no contact order placed on him, barring him from returning to his residence upon his release.

Barred from returning to mobile home park where his residence is. Mobile home park did not ban him. This is only per the judge. Prosecution did not pursue this either.

1 Answer | Asked in Criminal Law for Iowa on
Q: Police found drug paraphernalia in my backpack and read me my rights but then asked me to be a CI. Is that legal?

They're holding the charges over my head for information.

T. Augustus Claus
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answered on Sep 6, 2023

When police find drug paraphernalia and read you your rights, they are typically following legal procedures. However, whether it's legal or ethical for them to ask you to become a confidential informant (CI) in exchange for leniency or reduced charges can vary depending on the specific... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: Can I claim loaded gun that was found in my vehicle in holster in a bookbag I have no record and my boyfriend is felon
T. Augustus Claus
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answered on Aug 24, 2023

In Iowa, if a loaded gun was found in your vehicle in a holster in a bookbag and you have no criminal record, the legality of the situation can depend on various factors, including state and federal laws, as well as the specific circumstances surrounding the discovery of the gun. However, the fact... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: If a person is arrested in Iowa what is the time frame on being given an arraignment?
T. Augustus Claus
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answered on Aug 11, 2023

In Iowa, the time frame for being given an arraignment after an arrest can vary depending on factors such as the jurisdiction, the nature of the offense, and the court's schedule. However, generally, arraignment hearings are usually held within a few days to a week after an arrest.

1 Answer | Asked in Criminal Law for Iowa on
Q: If drugs are found during the course of a search warrant what is standard procedure for charging someone with them after

Drugs were found no one charged after a weeks time

T. Augustus Claus
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answered on Jul 26, 2023

In Iowa, if drugs are found during the execution of a search warrant, standard procedure typically involves law enforcement securing and seizing the drugs as evidence. After the search, the evidence will be sent for analysis to determine the type and quantity of the drugs. The investigating... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: Theft by misappropriation
T. Augustus Claus
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answered on Jul 20, 2023

In Iowa, theft by misappropriation refers to unlawfully taking or using someone else's property, funds, or assets for one's own benefit, without the owner's consent. This crime involves a breach of trust or a violation of fiduciary duty, such as when someone in a position of trust,... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: Is bail jumping on a cash bond a felony For misdemeanor charges
T. Augustus Claus
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answered on Jul 13, 2023

bail jumping can be considered a separate offense and may carry its own set of penalties, which can range from misdemeanor to felony charges.

1 Answer | Asked in Criminal Law for Iowa on
Q: I was sentenced to complete a week in jail and do it on weekends but I did 2 days & never went back. Warrant is out now

What will happen to me now when I go turn myself in? Am i going to get more time? I'm not on probation and it's first offense for the charges.

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answered on Jul 5, 2023

If there is an outstanding warrant for your arrest due to failing to complete your jail sentence. The consequences you may face will depend on various factors, such as the judge's discretion, the nature of your offense, and any previous criminal history. It is possible that additional... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Iowa on
Q: Does a search warrant need a real crime stated on it valid?
Robert Kane
Robert Kane
answered on Jun 19, 2023

The warrant must be based on reliable information showing probable cause to search, it does not need to cite specific crimes.

1 Answer | Asked in Criminal Law for Iowa on
Q: What if a person that works at a nursing home is taking penicillin home to give to family without prescription
Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 12, 2023

That would be stealing from the nursing home and, depending on if they were a licensed professional, could be diversion of the drug from a patient. Then it would get into from where in the nursing home the drug were removed. Was it in the hall cart or from the emergency department supply?... View More

1 Answer | Asked in Criminal Law, Civil Rights, Internet Law and Juvenile Law for Iowa on
Q: I'm on probation an I got my first violation for taking NyQuil my test came back positive for alcohol what will they do

What will what happen to me

John Michael Frick
John Michael Frick
answered on Feb 28, 2023

The Nyquil defense rarely works. This article explains why: https://michigancriminaldefenseattorneys.org/nyquil-as-an-alcohol-test-defense/

The quantity of Nyquil taken for a cold is just too small by itself to cause an alcohol test to come back positive.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Collections for Iowa on
Q: If some one keeps giving out your phone number knowing that they are doing it falsely, is there any grounds for a suite?

who ever had my number before keeps giving it out for every thing under the sun that they don't want to ever pay or deal with. And it has been over 10 years. Is there any thing here I can do on the legal end to stop them?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

You can talk to a local lawyer whether this constitutes harassment but you have to determine who is responsible for doing so. Or you can change your phone number.

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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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.

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