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Iowa Criminal Law Questions & Answers
0 Answers | Asked in Civil Rights, Criminal Law, Civil Litigation and Election Law for Iowa on
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... View More

0 Answers | Asked in Criminal Law and Family Law for Iowa on
Q: Do I have to buy a cruise ticket my parents want with my own money?

I am 17 years old and living in Florida. I have a job and earn my own money, which I typically use for personal expenses. My parents want me to buy a cruise ticket with my own money to join them on a trip, but I don't want to go and didn't agree to this expense. There are no existing... View More

0 Answers | Asked in Civil Rights, Criminal Law, Gov & Administrative Law and Medical Malpractice for Iowa on
Q: Options for ensuring proper legal representation and medical care for my son in jail?

My son has been in jail for 123 days after being arrested outside my home while in a state of full psychosis. This happened after a nurse informed his probation officer that he needed to go to the ER for treatment. Instead, he was arrested, tased, denied a phone call, and the public defender... View More

1 Answer | Asked in Criminal Law, Civil Rights, Civil Litigation and Personal Injury for Iowa on
Q: Assault case: No charges filed, due process rights violated?

I was assaulted by my sister's husband in Washington, Iowa, on December 4, 2024, while trying to retrieve a BMW I inherited from my brother's estate, for which my sister is the administrator. The assault resulted in a broken nose and a dislocated jaw. Although I reported the incident and... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Mar 5, 2025

No, your due process rights have not been violated. Keep calling the police and requesting information about the investigation and ask why nothing has progressed.

0 Answers | Asked in Gov & Administrative Law and Criminal Law for Iowa on
Q: How to file a Motion to Terminate S** Offender Registration under 34 U.S.C. § 20915?

I have been a registered s** offender for 10 years under 34 U.S.C. § 20915 with no additional offenses and have complied with all registration requirements. I am unsure about the specific requirements for terminating registration in Federal Court. How do I file a Motion to Terminate Registration?

0 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Iowa on
Q: Is "eat s*** and die" a death threat in Iowa law?

Is the phrase "eat s*** and die," when used in an email directed at a U.S. Senate member, considered a death threat under Iowa law?

0 Answers | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Iowa on
Q: Can DCI agent manage relative's suicide case in Iowa?

Does a DCI agent have the right to take over and manage the case of a suspected suicide (his first cousin) in Council Bluffs, Iowa? The agent took the keys to the deceased person's house, along with other property and the suicide note, which was read and discussed by others before the parents... View More

0 Answers | Asked in Criminal Law and Employment Law for Iowa on
Q: Will a 2010 misdemeanor theft affect my nursing home job background check?

I have a misdemeanor theft charge from 2010, for which I completed probation and community service. I recently got a position as a cook in a nursing home. Will this charge affect my background check and the possibility of securing the job?

0 Answers | Asked in Criminal Law and Legal Malpractice for Iowa on
Q: Charged with firearm possession; only CO2 gun found. Is it worth going to trial in Iowa?

I am facing charges for possession of a firearm by a prohibited person, but the only item found in my apartment was a CO2 handgun. In Iowa, a CO2 handgun is not classified as a firearm according to state codes. Law enforcement discovered it by breaking into my safe during a search with a warrant. I... View More

0 Answers | Asked in Civil Litigation and Criminal Law for Iowa on
Q: Should I be concerned about a hearing that includes my deferred judgment case?

I submitted an application to expunge two dismissed cases, each with a different case number, from an incident in August 2024. Another case from the same incident was placed on deferred judgment, and I applied for early probation termination a few months ago, but it was denied due to the... View More

0 Answers | Asked in Criminal Law and Civil Rights for Iowa on
Q: Can OWI charge be challenged due to questionable police conduct and no evidence?

My boyfriend was pulled over in Iowa at 4:30 a.m. for a loud muffler in my vehicle and charged with OWI, even though tests showed no substances in his system. He has PTSD, causing him to stutter and act nervously when questioned, which may be misinterpreted. The officer known for profiling,... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: What's it mean it says transfer to district court, sentencing hearing canceled
James L. Arrasmith
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answered on Jul 21, 2024

When a case is transferred to district court, it means that your case is moving to a higher court within the judicial system. This can happen for various reasons, such as the severity of the crime or the need for a jury trial. District courts generally handle more serious criminal cases than lower... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Iowa on
Q: Can I wear an anti-LGBTQ shirt at a public university?.

Can I wear an anti-LGBTQ shirt that states something along the lines of "Trans people are not real. They are just pretending to be the opposite gender or are men in dresses and are not women" at a public college like Iowa State University without consequences? I wouldn't technically... View More

James L. Arrasmith
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answered on Jun 29, 2024

This question touches on complex issues of free speech rights and university policies. Here are some key points to consider:

1. Public universities, as government institutions, generally must respect First Amendment free speech rights. This means they have limited ability to restrict...
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1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Iowa on
Q: Travel and return with historical 3 DUIs?

I had three DUIs in 2015, 2016, and 2021. I paid for everything, served one month in jail, and also completed all the tasks given by the court order. I'll finish my probation this coming October. Can I go to Vietnam and then return to the US without getting deported or having my green card... View More

James L. Arrasmith
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answered on May 11, 2024

Having a history of DUIs should not directly impact your ability to travel to Vietnam and return to the United States, as long as you have a valid green card and have completed all court-ordered requirements related to your DUIs. However, there are a few considerations to keep in mind:

1....
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1 Answer | Asked in Criminal Law, Child Support and Civil Rights for Iowa on
Q: If I go to jail for a warrant an they find paraphernalia and weeks later say they're going to charge me for with it
James L. Arrasmith
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answered on Apr 6, 2024

If you were arrested on a warrant and the authorities found drug paraphernalia in your possession during the arrest, they have the right to charge you with possession of drug paraphernalia in addition to any charges related to the original warrant. The timeline for filing these additional charges... View More

1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: If I go to jail for a warrant an they find paraphernalia an don't charge me with it and weeks later so they're are
James L. Arrasmith
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answered on Apr 6, 2024

If you are facing potential charges, the best thing to do is consult with a criminal defense attorney who can advise you on your specific situation and legal options. An attorney can review the details of your case and help protect your rights. In general, if you are concerned about outstanding... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Iowa on
Q: Is there any aggressive attorneys that will take on police misconduct in iowa. "Dismissed in the interest of justice"-DA

I was stopped in pdc, wi, arrested on unknown warrant, charged with 4 felonies and 1 mis, extradited 15 miles to Clayton county, IA, charged with 1 felony, $10,000 cash only nationwide extraditable warrant for less than $100 in dope that I wasn't home when "buy" happened, first... View More

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you've been through a challenging and unjust situation involving law enforcement. It's crucial to find a competent attorney who is experienced in handling cases of police misconduct and civil rights violations. While I can't recommend specific attorneys, you may want... View More

1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: In the state of Iowa, is a search warrant application that is signed by a judge , public record, or enterd into docket?
James L. Arrasmith
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answered on Feb 24, 2024

In the state of Iowa, search warrant applications that are signed by a judge are typically considered public records. These records are generally entered into the court docket or case file associated with the specific search warrant. As public records, they are subject to disclosure under... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Gov & Administrative Law for Iowa on
Q: Were my rights violated? cops beat me like it was a gang initiation & injected me with ketamine. I stopped breathing.

In Omaha I got into it with the bouncers and the cops came. I was drunk. The cops ended up beating & choking me till my head n lips were blue n purple. half of it on video. They were beating on me with their fists hitting me in my head repeatedly. They did everything to me except shoot me taze... View More

James L. Arrasmith
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answered on Jan 28, 2024

Based on the details provided, it does sound like there could have been violations of your rights and excessive use of force by the police officers. Some key things to consider:

- The repeated beating and choking clearly seems excessive, especially once you were subdued and not posing an...
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1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: Is this possible ? I sat in county jail 8 months on a $100.000 cash only bond fighting my case to trial .

I had a strong case with witnesses one which was there during the traffic stop and even claimed the drugs found because they were his but he was released n I was arrested ( so much involved not enough room to text) and had cop cam to prove alot of the wrong doing n violations of my rights . I... View More

James L. Arrasmith
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answered on Jan 24, 2024

Your situation raises concerns about the handling of your case and the legal advice you received. It's not uncommon for cases to be resolved through plea agreements, even on the day of trial. However, the decision to accept a plea should be based on a thorough understanding of your case, the... View More

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