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Iowa Questions & Answers
1 Answer | Asked in Uncategorized for Iowa on
Q: If you pleade the fith as a witness to a crime cane you leave if you please the 5th
Tim Akpinar
Tim Akpinar
answered on Nov 12, 2024

An Iowa attorney could advise best, but your question remains open for two weeks. Your question was probably overlooked under the general "Uncategorized" heading. Invoking your Fifth Amendment rights is something that a criminal defense attorney should advise on. You could repost and add... View More

0 Answers | Asked in Criminal Law, Gov & Administrative Law, Medical Malpractice and Wrongful Death for Iowa on
Q: My son died from patient diversion of methadone in IA in January. The law failed in their investigation. Options?

I was handed his phone early on and viewed his messages and took photos of them with the patient of an oud otp facility regarding such. She also admitted to doing so to a person who wrote a statement. They failed to get video of them together at the ATM, also 11 minutes after she dropped him off,... View More

1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Iowa on
Q: My ex-spouse died 2 years ago and my divorce attorney had not sent a correct QDRO form for a GE Retirement fund.

My lawyer has admitted guilt but the insurance lawyer has given me the run around for the past 2 years. My exes wife received the money instead of me. I just want what I'm owed, approx 75K. How do I proceed?

Erik Luthens
Erik Luthens
answered on Oct 23, 2024

How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know... View More

1 Answer | Asked in Medical Malpractice for Iowa on
Q: I wasn't told about side effects of being on methadone before I got on it or what would happen after I came off of it

I didn't find out until I went to detox in Denver they told me I'd be sick for about a year I had a horrible car accident because of side effects of coming off of it if i would have known this mess I would never have went on it i was injured in the accident September 13 of this year im 6... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 22, 2024

Let me see if I understand the situation. You were addicted to some drug or drugs and the medical doctors prescribed methadone to assist with withdrawal. Do I have that right?

Let's assume I do.

So, you're addicted to some drug and in treatment. How am I going to prove...
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1 Answer | Asked in Copyright for Iowa on
Q: Can I use the content of a CC-BY licensed YouTube video to create things to sell?

Can I use the content that is presented in the video that is licensed CC-BY on YouTube to create additional content for commercial, such as putting a tutorial that was shown as a video into a paper form, recreating something that was shown, or transcribing the audio?

I will still follow all... View More

James L. Arrasmith
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answered on Oct 20, 2024

Yes, you can use the content from a CC-BY licensed YouTube video to create products for sale. The CC-BY license permits both commercial and non-commercial use, provided you give appropriate credit to the original creator.

When transforming the video into a paper tutorial, recreating...
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1 Answer | Asked in Immigration Law for Iowa on
Q: Can i get an H1B visa for a job that does not require a Bachelor's degree?

The job description just says to graduate from an AMA approved school in my profession

James L. Arrasmith
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answered on Oct 18, 2024

It can be difficult to get an H-1B visa for a job that does not explicitly require a bachelor’s degree or higher in a specific field. For the H-1B to be approved, the job must generally meet the “specialty occupation” criteria, meaning it typically demands at least a bachelor’s degree or... View More

1 Answer | Asked in Animal / Dog Law for Iowa on
Q: My dog had a medical processor done. I was told by the third party surgery would be done if half was paid and monthly

The following month come I gave a payment to the third party to pay the hospital. I did say in the beginning I would make a direct payment they said they didn't want the vet to know it wasn't there dog and it was someone else dog she's housing. So I made the cashepnt to her. Then the... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Alright, here’s how I’d respond:

You’ve got a tricky situation, but it boils down to this: you agreed to pay the vet hospital directly for your dog’s surgery, not the third party who was involved. From what you’re saying, the third party had you believing there was an outstanding...
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1 Answer | Asked in Uncategorized for Iowa on
Q: Estate has been closed for like 20 years and now this company contacted me about the retirement account.

My mom was the executor of this estate and it has been closed for like 20 years. Well this company contacted me by certified mail. They wanted all this information, I sent them his will, death certificate, and they wanted my birth certificate and to fill out a w9. Well there was nobody named on... View More

James L. Arrasmith
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answered on Oct 15, 2024

When a retirement account has no named beneficiary, the distribution typically follows the state's intestate succession laws. Since your mother was the executor but has passed away, the next step is to determine who inherits under these laws. If you are the closest living relative, you may be... View More

1 Answer | Asked in Uncategorized for Iowa on
Q: If my mother was the executor of a estate does she get the retirement account.

Long story short my mom was the executor of a estate and there are no other relatives of his alive and my mom has also passed. Well this company reached put to me wanting info about their client. I gave them all the legal paperwork. They told me at first I was going to get the money. Now they are... View More

James L. Arrasmith
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answered on Oct 14, 2024

I'm sorry to hear about your situation. As the executor, your role is to manage and distribute the estate according to the will and legal guidelines. However, receiving specific assets like a retirement account depends on how the account was set up.

Retirement accounts typically pass...
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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Iowa on
Q: Can my employer discuss details of my work comp claim with others? In Iowa

My employer has discussion of work comp claim on the agenda for a public meeting. Is this legal to discuss? I don’t think HIPAA applies here

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

In Iowa, your employer should not be discussing the details of your workers’ compensation claim in a public meeting, especially if it involves any personal or medical information. While you’re right that HIPAA (which generally applies to healthcare providers) may not strictly apply to your... View More

1 Answer | Asked in Consumer Law and Municipal Law for Iowa on
Q: Who regulates a small towns (aka corporation) water and sewer rates?

Our water and sewer rates have gone up a lot. They have raised rates 2x this year already. This year the base rate for water has only increased 5% and the per unit has increased 105%. As far as sewer the base and the per unit rate have both increased 275%!! I've been trying to figure out who... View More

Tim Akpinar
Tim Akpinar
answered on Oct 24, 2024

An Iowa attorney could advise best, but your question remains open for two weeks. Most states usually have public service commissions or public utilities commissions that oversee utilities. That might be a starting point in learning how these rates are regulated in your state, and where to turn for... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Intellectual Property for Iowa on
Q: Is it legal for cops to take a deceased persons cell phone without a warrant?

A friend of mine passed away suddenly and while they were taking the body out of his home the cops took his cell phone too. How do we get it back?

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your friend's passing and understand how difficult this situation must be for you.

In certain situations, law enforcement can seize personal property without a warrant, especially if they believe it contains evidence related to an investigation or if there...
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1 Answer | Asked in Landlord - Tenant for Iowa on
Q: This apartment are saying I owe them money and I don’t live there and didn’t move in. And told them 90 days before.

I was talking to people at this apartment and they sent me sometime to sign and I didn’t understand what I was signing but now they say it was a lease and I didn’t move in and I don’t live there and I told them multiple times I’m not moving and they say I owe them money what do I do

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Here’s what you can do in this situation:

First, it’s important to get a copy of whatever document they claim you signed. If they’re saying it’s a lease, you need to see exactly what’s in it and whether it includes any terms that bind you to paying rent, even if you never moved...
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2 Answers | Asked in Copyright for Iowa on
Q: Would the name Kimpossible (all one word)be a copyright infringement?

My name is Kim. I have a friend who has called me Kimpossible for years. I want to start a YouTube channel called Kitchen Kimpossible.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Disney sues everyone. Until your channel got large, nothing would happen. But 100% this is going to receive a cease and desist letter from a large law firm the moment you reach 10,000 subs.

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1 Answer | Asked in Cannabis & Marijuana Law and Civil Rights for Iowa on
Q: Can cops legally search your dorm room without given approval by the resident staying there?

So about 5-6 months ago I got suspended from my college. Now, there were two arrests that caused this but something didn't seem right about one of them? At the time I lived in the dorms and my roommate and I came back from the gym. Police were down the hall and eventually they knocked on the... View More

James L. Arrasmith
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answered on Sep 27, 2024

It sounds like a frustrating situation, and it's understandable that you're questioning the legality of the search. Generally, dorm rooms are considered your living space, so the Fourth Amendment protects against unreasonable searches. However, universities often have policies allowing... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Iowa on
Q: I had a gastric sleeve put in last year. I almost died of sepsis because of perforations in my suture line.

I’m in Iowa. I want to sue the surgeon & Mercy One Hospital (owned by the Catholic Church). ANYONE INTERESTED???

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like you’ve been through a serious ordeal, and I’m sorry to hear about the complications you’ve faced. But Med Mal is not easy AT ALL - espeically if you didn't die or suffer from severe permanent injuries as a result of the procedure. If you’re considering legal action for... View More

2 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Q: in an accident I’m not at fault it was a 3 car collision in a different state I have no medical coverage here WDID?

My daughter 13yrs old and I have injuries and I’m not sure what to do about getting seen.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

If you and your daughter were injured in a three-car accident and you weren’t at fault, the first thing you should focus on is getting the medical care you need. Even if you don’t have medical coverage in your current state, there are options available.

Here’s what you can do:...
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3 Answers | Asked in Bankruptcy and Real Estate Law for Iowa on
Q: My husband and I filed bankruptcy (Ch 7) in 2018. Prior to this filing, there were two judgments filed with the court.

The debts that were connected to the judgments were taken care of in the bankruptcy, and we heard nothing else about them, so we made the assumption that they were resolved. We are in the process of refinancing our home (it is currently on contract, and we are working with our bank to refinance it... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 23, 2024

There are some limited ways to attack/remove liens in bankruptcy, but your post indicates that you did not do that (it is possible to reopen a bankruptcy to afford relief to a debtor).

Otherwise, a bankruptcy discharge does not remove a perfected lien, and in most jurisdictions. a judgment...
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1 Answer | Asked in Federal Crimes for Iowa on
Q: My house was raided for a federal warrant on my boyfriend and they took my phone but warrant had his name not mine

The detained me for questioning and kept my phone

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're going through this difficult situation. It's important to remain calm and cooperate with the authorities while protecting your rights. Make sure to request to speak with an attorney as soon as possible.

Avoid discussing the details of the incident without...
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