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Iowa Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law for Iowa on
Q: Is it illeagal to marry my ex 21 year old stepdaughter in iowa.
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Assuming you did not adopt her it is probably not illegal.

1 Answer | Asked in Criminal Law for Iowa on
Q: My son is 17 and a 14 yr.old girl came to our home while we were gone and said he assaulted her, can he be charged ?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Yes. He can be charged if the police believe that an assault occurred. He could be charged as an adult or a juvenile. That is up to the County Attorney's discretion.

1 Answer | Asked in Criminal Law for Iowa on
Q: What is the general penalty for harassment in the second degree in polk county Iowa
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Harassment 2nd Degree is a serious misdemeanor punishable by up to 1 year in county jail.

1 Answer | Asked in Criminal Law for Iowa on
Q: If I am 18 and my 15 year old boyfriend gets me pregnant can I get in trouble with the law for that?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Iowa Code Section 709.4 makes it a crime to commit a sex act with a 14 or 15 year old if 1) You are members of the same household, 2) you are blood related within 4 degrees, 3) You are in a position of authority and use that authority to force submission into the sex act, or 4) you are 4 or more... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: If a man has a nude picture on a dating site, can he be charged if an underage girl accesses it?

during the course of an email exhange with the girl, the man tells her the pic is available on the website

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

That is not likely a crime unless it is done to solicit similar pictures or other sexual contact/conduct from an underage girl. However, to be safe, I would not engage in any such activities with anyone under the legal age. Additionally, you should be aware that law enforcement frequently pose as... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: If doing preliminary hearing robbery charge was dismissed can I be charge again for same charge?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Yes, you can still be charged again with the same crime. The State is free to bring the charge via trial information.

1 Answer | Asked in Juvenile Law and Criminal Law for Iowa on
Q: I'm 18 and she is turning 17 can she move in with me at my parents house
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

The answer to your specific question is yes, she can move in with you. The underlying question might be can the two of you engage in sexual activity, legally? The answer is also yes. Iowa Code Section 709.4 (sexual abuse) does not make it a crime for persons of your age to engage in sexual... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: if someone pleads guilty to a crime and evidence comes out later they are innocent can they use that evidence
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

That issue is currently on appeal to the Iowa Supreme Court. It should be decided by the end of this adjudicative term (May).

1 Answer | Asked in Criminal Law for Iowa on
Q: If a video is missing footage can that make the tape inadmissible, in a criminal case?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

It is possible that if a video is incomplete or has been tampered with it might be inadmissible. It depends on the specific facts and circumstances. It would not be per se inadmissible.

3 Answers | Asked in Criminal Law for Iowa on
Q: Is it legal to put someone in custody and not serve them with a warrant until nine days later
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 23, 2017

Yes. A warrant is not always necessary for an arrest. Also, in cases where a warrant is necessary, as long as the warrant has been obtained it is necessary that it be physically present. Although, 9 days is quite a while to wait to serve it.

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1 Answer | Asked in Criminal Law for Iowa on
Q: If I get caught drinking underage, what will happen to me
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

Most likely, you would receive a possession of alcohol under the legal age ticket (Paula). This ticket is a simple misdemeanor. It can be expunged if you do not receive any additional criminal charges within the next two years. Typically, you would receive a fine on the ticket. If you hire a lawyer... View More

1 Answer | Asked in Criminal Law, Sexual Harassment and Small Claims for Iowa on
Q: If I'm a 15 year old girl and a lesbian can I date a 17 year old who is about to be 18 ?
Nicholas Hay
Nicholas Hay
answered on Sep 8, 2016

Yes. If you are 15 years old, then any sexual act between you and someone who is less than 4 years older is legal. Since you are 15, you would be able to date an 18 year old. In Iowa, the age of consent is 16, but if you are 14 or 15, then a sex act is a felony if the other person is 4 years or... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: What do I state exactly in my response to an in rem forfeiture complaint if I'm trying to get property back??

In my case it's cash so wouldn't I just provide paycheck stubs?? Thank you

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

The information you need is contained in Iowa code section 809A.13. However, it's complicated and you really need a lawyer well versed in forfeiture law to help. Happens to be an area I practice in frequently. If I could specifically answer your question I would but it's very fact dependant.

1 Answer | Asked in Criminal Law and Probate for Iowa on
Q: probation/probation violation

If one is on probation and they are not to be in an environment that sales are 50% or more of alcohol can a cop arrest you for being there if you are not technically doing anything wrong? By technically if they have no other reason to arrest you other than being there(not driving while intoxicated,... View More

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

Typically, you would not be arrested. A report maybe made to your probation officer who could then file a report of violation and request a warrant from the Court. Could you be arrested? Maybe. Are you likely to be arrested. No. Depending on your underlying conviction you might be able to have a... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Q: My son is 16 n charged with 2nd degree burglary for kicking in a door while the family was asleep.

He did not enter the home. Is this still burglary??

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

This is a good question which does not necessarily lend itself to an easy answer. I would make the legal argument that he did not enter and therefore could not have committed a burglary. However, if his body crossed the plane of the door while breaking it, a Court may deem that sufficient for... View More

1 Answer | Asked in Criminal Law, Family Law, Communications Law and Juvenile Law for Iowa on
Q: If I am 16 and want to hangout with a guy that is 4 years and 8 months older than me can my parents call the cops on him

Can he go to jail for talking to me when I'm 16 and he's 20

Nicholas Hay
Nicholas Hay
answered on Aug 12, 2016

Not likely, as long as you two are not doing anything illegal including him having you out past a city or town curfew, and your parents tell you that you can't leave the house but you do to go hang out with him, it is unlikely he gets arrested for you two simply being in the same vicinity of... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: is a person required by law to report a vehicle they own has been stolen?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

No. There is no requirement that you report it stolen. However, there are many good reasons to do so. Including that the vehicle maybe registered and titled in your name. Additionally, if it is found or if an officer conducts a traffic stop on the vehicle it will assist in you obtaining the return... View More

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Iowa on
Q: Can person "sell" their own property to their girlfriend/boyfriend in a domestic situation?

Man owns a mobile home. His mother and girlfriend live in the same home. His girlfriend pays rent and other bills. His mother does not. His mother attacks his girlfriend and he gets in the middle to prevent more physical harm to the girlfriend. Mother calls cops. Cops arrest man. Can man sell his... View More

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 23, 2017

It is not necessary to sell your mobile home in order to evict your mother. There is an eviction process which a lawyer can help you with. The lawyer is allowed contact with the protected party and can therefore effectuate the eviction.

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Q: Is it legal for a 15 year old boy to have sex with a 13 year old girl with her consent in Iowa?

What charges could be pressed against me or her if it is illegal?

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 23, 2017

No. Sexual Abuse.

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