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Iowa Criminal Law Questions & Answers
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
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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 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
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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 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
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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: 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 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, 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

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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

2 Answers | Asked in Animal / Dog Law, Federal Crimes and Criminal Law for Iowa on
Q: Is it legal to buy a fake ID and customise it for my dog as a joke? i think its funny but can i carry it in my wallet?

I know falsifying government documents is illegal but it's going to be like a picture of a dog weighing 9 pounds height 8 inches and all that. Dogs can't drive and obviously, a dog who was born in 2023 can't buy alcohol. So would it still be illegal if it is a joke? (the joke being... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jan 20, 2024

Let me see if I understand your question. You want to know if it is legal to lie to a state or federal agency by filling out an application by lying about who the applicant is, providing false answers to those questions and providing a false signature. Is that right?

And you’ve admitted...
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2 Answers | Asked in Animal / Dog Law, Federal Crimes and Criminal Law for Iowa on
Q: Is it legal to buy a fake ID and customise it for my dog as a joke? i think its funny but can i carry it in my wallet?

I know falsifying government documents is illegal but it's going to be like a picture of a dog weighing 9 pounds height 8 inches and all that. Dogs can't drive and obviously, a dog who was born in 2023 can't buy alcohol. So would it still be illegal if it is a joke? (the joke being... View More

James L. Arrasmith
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answered on Jan 21, 2024

Creating or possessing a fake ID, even for humorous purposes, is generally considered illegal in most jurisdictions, including Iowa. While the intention may be for a joke, the creation, purchase, or possession of fake identification documents can carry legal consequences, as it undermines the... View More

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1 Answer | Asked in Criminal Law, Identity Theft and Employment Law for Iowa on
Q: Was told i was being laid off due to a theft investigation. I get paid salary. Am I supposed to still be getting paid.

Was told laid off in one text from employer and laid off in another text

T. Augustus Claus
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answered on Jan 18, 2024

If you have been informed that you are being laid off due to a theft investigation and you receive a salary, whether you are entitled to continued payment during the investigation depends on the specific terms outlined in your employment contract, company policies, and applicable state laws.... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: What if statements made in the minutes of testimony contradict the statements made by the same witness in trial info

The aresting officer claimed the defender was arrested and placed in jail and also claimed the defendant was written a summons and released

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answered on Jan 3, 2024

If statements made in the minutes of testimony contradict the statements made by the same witness in the trial information, it raises concerns about the consistency and accuracy of the information provided by the arresting officer. Discrepancies between claiming the defendant was arrested, placed... View More

1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: Can a male officer put his hand in a detained woman’s pocket during a traffic stop in Iowa?

I was pulled over for a busted tail light and apparently my license was suspended, 2 male

Officers detained me, hung up my phone which was on a call with my mom, and searched in my pockets and up the bottom of my pantlegs.

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answered on Jan 1, 2024

During a traffic stop in Iowa, law enforcement officers are generally permitted to conduct a search of your person if they have reasonable suspicion or probable cause. However, the extent of the search must be reasonable and related to the circumstances at hand. While a search of pockets is not... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: Bench warrant in Iowa and getting a state ID replacement

I recently received a bench warrant in Iowa due to leaving an inpatient substance abuse treatment program. I need to get a replacement state ID. Will the authorities check for warrants when I apply for the ID? I haven't yet attempted to resolve the warrant issue, as I plan to attend a... View More

James L. Arrasmith
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answered on May 15, 2025

When you apply for a state ID, authorities may check for any outstanding warrants as part of the process. Depending on the system in place, a background check is often done when applying for or renewing an ID, which could reveal the bench warrant issued in your case. This means that, even if you... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Iowa on
Q: Was it legal for the court to reschedule my third-degree harassment case without informing me?

I am currently representing myself in a criminal case involving third-degree harassment. I discovered through the Iowa courts.gov website that my court date, initially set for May 14, was rescheduled to May 21 without my knowledge or notification. I have official documentation confirming the... View More

James L. Arrasmith
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answered on May 15, 2025

In general, courts are required to notify all parties involved about changes to scheduled hearings, including rescheduled court dates. If the court rescheduled your hearing from May 14 to May 21 without informing you directly, that could be an issue of procedural fairness. The court typically must... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: Federal offense level for firearm possession by felon after traffic stop

During a routine traffic stop, the driver of the vehicle I was in eluded police, and an AK-47 was thrown out of the window and later found by police. Both the driver and I, as the passenger, were charged with domination or control of a firearm by a felon. A magazine that would fit the firearm was... View More

James L. Arrasmith
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answered on May 15, 2025

In your situation, the federal charge for possession of a firearm by a felon is likely to be classified as a serious offense under U.S. federal law, even though you were not directly found with the firearm or magazine. Since you have a felony conviction on your record and were charged with... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Iowa on
Q: Legal trouble for a 17-year-old dating a 15-year-old in IA.

I am 15, and my boyfriend is 17. My parents do not approve of our relationship. The age of consent in both of our states is 16. My parents have expressed wanting to get a restraining order against him because he gave me a vape and sent some sexual statements to me a few months ago. They have... View More

James L. Arrasmith
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answered on May 15, 2025

This is a sensitive situation, and it’s understandable that you're trying to figure out where the lines are. In Iowa, the age of consent is 16, so if your relationship has not involved any sexual activity, the age difference alone doesn’t automatically mean your boyfriend is breaking the... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: How can I access evidence like pictures or videos in my trespassing case in Iowa?

I was arrested for trespassing and spent 12 hours in jail before being released without bond. I have a court date set for the 20th. The police mentioned there are pictures or videos of me allegedly trespassing, but they won't provide them directly to me, saying I need a lawyer to access them.... View More

James L. Arrasmith
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answered on May 15, 2025

If you're facing a trespassing charge in Iowa and the police say there is photo or video evidence, you have the right to access that material as part of the discovery process. Discovery is the legal process where both sides—prosecution and defense—share evidence that may be used at trial.... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: Facing firearm possession charges as felon after unknowingly being in car with firearm.

I am a felon who unknowingly got inside a car in Marshalltown, Iowa, which contained a firearm. The driver admitted to owning the gun. When the police attempted to pull us over, the driver eluded and asked me to throw the gun out the window, which I did. I made no statements to the police and now... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry you're in this situation. Facing a firearm charge as a felon is serious, especially in Iowa where possession laws are strict, but what matters most is what the prosecution can prove about your knowledge and control of the weapon. It's good that you did not make any... View More

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