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Iowa Criminal Law Questions & Answers
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.

T. Augustus Claus
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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.

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 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... 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 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... View 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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