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Iowa Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Iowa on
Q: Online it says sentence date null..my friend was charged with possession..2nd offense..what does that mean
Katherine Sears
Katherine Sears
answered on Jan 17, 2019

It means that your friend hasn't been sentenced yet.

1 Answer | Asked in Criminal Law for Iowa on
Q: pre trial conference for a simple misdemeanor, was wondering if i apply for an attorney do i get one right away

Or would i get another court date

Katherine Sears
Katherine Sears
answered on Jan 17, 2019

Usually, if you're applying for an attorney at state expense, that's something you do at your initial appearance. If you have a PTC coming up and need to apply for counsel and have somehow not yet gotten that opportunity, call the clerk of court for whatever county this is in and ask how... View More

1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: Can the police keep my id after taking it from my parents house?

The police had a search warrant to search my parents house because it is my mailing address. They took my wallet with my id in it and I’m having issues getting it returned.

Katherine Sears
Katherine Sears
answered on Dec 21, 2018

What sort of issues?

If the police seized your wallet, including ID, pursuant to a warrant, it's possible they're retaining it as evidence or possible evidence. You could try looking into whether you can get a temporary ID in the meantime.

Please don't talk to the...
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1 Answer | Asked in Criminal Law for Iowa on
Q: I am getting charged with sexual abuse 3rd degree what will happen to me
Katherine Sears
Katherine Sears
answered on Dec 26, 2018

Iowa Code 709.4 defines sexual abuse 3rd here: https://www.legis.iowa.gov/docs/code/709.4.pdf

Once you’re arrested or served with a summons to appear, your first court appearance is usually the initial appearance. Your initial appearance will happen within 24 hours of arrest if you’re...
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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Iowa on
Q: Is there any thing I can do about a man making a sexual video tape of me while I was past out due to intoxication?

This man came to me a year ago wanting dna testing done on my 15 year old son. I was not aware I even had intercoarse with this man until people started telling me they seen a video of me past out. I rented an upstairs room in this man's house, about 17 years ago. I never dated him. I moved... View More

Erik Luthens
Erik Luthens
answered on Jul 22, 2018

You may have the grounds to go forward with a criminal complaint through the local county attorney’s office as well as a civil action against the man in question. I suggest that you immediately contact an attorney in Iowa who handles civil litigation.

Erik Luthens...
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1 Answer | Asked in Criminal Law for Iowa on
Q: What does it mean if a charge is dismissed?

I pleaded guilty to a charge and the court "dismissed" the other charge

Erik Steven Fisk
Erik Steven Fisk
answered on May 9, 2018

If it's dismissed, the charge is no longer being brought. It depends on whether the dismissal was with or without prejudice as to whether it could ever be brought again.

1 Answer | Asked in Civil Rights and Criminal Law for Iowa on
Q: How long can the police hold something over your head before they can no longer charge you, & is it legal?
Erik Steven Fisk
Erik Steven Fisk
answered on May 8, 2018

It depends on how long the statute of limitations is for the charge, and yes, they can wait for that time period to file charges.

1 Answer | Asked in Criminal Law for Iowa on
Q: im in Iowa any my neohew was charged with criminal mischeif in the second degree. the damage did no exceeded 2000.00,

Can you tell me what the punishment could be from this crime?

Thank You

Jennifer Holmes

Erik Steven Fisk
Erik Steven Fisk
answered on May 9, 2018

Criminal mischief, second degree is a Class D felony. Under Iowa Code 902.9(1)(e); "A class “D” felon, not an habitual offender, shall be confined for no more than five years, and in addition shall be sentenced to a fine of at least seven hundred fifty dollars but not more than seven... View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for Iowa on
Q: Off duty cop questioned my 17yr said she was smoking in house can they do that??

They asked her about smoking weed and got her to give them a pipe. She did not smoke in the house. But they scared her into giving information. Now they are trying to evict us saying she smoked in the house and had drugs in the house.

Erik Steven Fisk
Erik Steven Fisk
answered on May 8, 2018

It depends on so many other things that aren't written in your question.

1 Answer | Asked in Criminal Law and Car Accidents for Iowa on
Q: Yesterday i was leaving Walmart a lady started to reverse so we stopped walking. She then stopped so we proceeded to wa

We proceeded to walk behind the vehicle. As we got behind the vehicle she put it in reverse, i put my arm up in defense the vehicle hit me, we all told the police the same information including the driver of the vehicle. The police then arrested me saying “i lied and jumped into the car”for... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 7, 2018

Facts are funny, it seems everyone has their own set. Many things are 'legal', but what is 'legal' isn't necessarily right. I have no idea which town or city you were in. (Jurisdiction) I have no idea what the police officer wrote in his/her report. And I have no idea what... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Iowa on
Q: I just need legal advice, I've been told I may have a lawsuit.

March of 2017 I contacted a DHS case worker regarding my sister being addicted to prescription drugs while being pregnant and neglecting her two other chidren and nothing was done. Other people besides me have contacted DHS with the same concerns I had and again nothing was done. September 28th... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 16, 2018

The nieces estate would have a claim as would children. Suggest that you contact a member of the Iowa Assn for Justice to get the basics of who can sue, then proceed from there.

1 Answer | Asked in Criminal Law, Personal Injury and Appeals / Appellate Law for Iowa on
Q: How do I reopen a closed case if I remember how it went down? I was 3 but it came to me randomly like a few months ago.

Saw and remember what he said and did. And watch the fire burn. It's more like an attempted murder but there's arson and deceit. Been doing research on it since but not really sure how to go about it

Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Talk to the police. They may have a "closed case" unit.

1 Answer | Asked in Criminal Law, Estate Planning, Federal Crimes and Probate for Iowa on
Q: I am on probation am I able to bow hunt for deer?
Shaun Khojayan
Shaun Khojayan
answered on Oct 27, 2017

It depends on the terms of your probation and your particular case. For example, if the crime for which you are on probation involves hunting wildlife on federal lands then probation may include the condition that prohibits hunting including by bow. However, if you are generally asking whether... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Iowa on
Q: What are the charges on a felon in possession of a firearm in his dwellings in state of Iowa first time

Charged with two counts of possession of firearm as a felon

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Aug 28, 2017

I'm not entirely sure what you are asking. I assume that is two counts of felon in possession of a fire arm in federal district court in Iowa? The penalties depend on prior criminal history. The federal sentencing guidelines are complicated and you will need excellent representation.

1 Answer | Asked in Criminal Law for Iowa on
Q: is having a prior possession charge probable cause to search with k9 on licence plate light stop in iowa

prior possession of meth in December. same officer pulled me over again, I denied their search they said my prior was probable cause to bring k9 to car

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Aug 2, 2017

Not necessarily and perhaps not even likely. This of course is a fact dependent question and not answerable without more information. However, if that is the only reason to stop and/or bring a K-9 to the car you may have a good motion to suppress.

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Q: My son is 15 and punched a kid in face for calling his friend the N word. Cop charged him with serious assault. what now

Cop brought my kid home said he was honest so he's not taking him to J.D. N citeing him for simple assault cause kid had bump above his eye. . 20 min later cop came back n said he made mistake n has to take him to station and charge him with serious assault. With him being athletic and... View More

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 21, 2017

The case will likely be referred to juvenile court services. Juvenile court services has a number of options to keep him out of court or they can refer him to court for prosecution. You need to hire a lawyer and go over all the various possibilities and prepare yourself for the Juvenile Court... View More

1 Answer | Asked in Criminal Law and Personal Injury for Iowa on
Q: I have c.c.w. for handgun if I enter a place gun free zone if I leave my weapon in car

If a combatant enters store is the store libel if I was shoot since I had to leave my gun in car and cant defend my self

Peter N. Munsing
Peter N. Munsing
answered on Feb 19, 2017

No. They aren't responsible for criminal conduct of others. THey might be if they let you in armed, you missed and hit a patron.

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: What kind of charges can I file against someone that held me against my will with a loaded handgun. He was gonna kill me
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

There are a number of charges that could be filed against this person including kidnapping and assault. You need to go to the police, file a report and request that charges be filed. It is also important to get a no contact order. The Court will automatically enter one if an assault, kidnapping or... View More

1 Answer | Asked in Family Law and Criminal Law for Iowa on
Q: Is it illegal for my mom to threaten to kill herself in front of me? I am 13
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

It is probably not illegal for your mom to threaten to kill herself. If she threatened you, that would be illegal. However, you might considering calling a suicide prevention hotline and asking for help. The police may also be able to help.

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