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Iowa Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Personal Injury, Domestic Violence and Sexual Harassment for Iowa on
Q: What exactly is slander or deformation of character? Can I be sued if what I'm saying is absolutely true?
William Jaksa
William Jaksa answered on Oct 14, 2019

It varies from jurisdiction to jurisdiction and can vary from one situation from another. Simply put it is a false statement that hurts a person's reputation. You are allowed to express an opinion and you are allowed to state facts - everything else is a grey area. Yes, you can be sued even if what... Read more »

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1 Answer | Asked in Criminal Law for Iowa on
Q: charged with a felony but the day before i plead guilty, the law changed reducing the amount to an aggravated misdeamer.

I was charged with theft 2nd, a class D felony in December 2018. I plead guilty on July 2nd, 2019. I later found out that on July 1st (1 day prior to my guilty plea, the law lowered the amount making it now an aggravated misdemeanor. I found this out after the psi report was completed. apparently,... Read more »

Gary Kollin
Gary Kollin answered on Sep 29, 2019

Then spend the money and hire a private lawyer

1 Answer | Asked in Criminal Law for Iowa on
Q: Should my son have a lawyer to go to court for an interference charge.

My son was at a party that was broke up by police. Initially he and some friends ran but realized that was the wrong thing to do so they stopped. They were arrested and charged with interference. He is very worried as he is going to school to become a teacher, how this will affect his future. We... Read more »

Gary Kollin
Gary Kollin answered on Aug 30, 2019

Would you go to court without an attorney?

Would you let your attorney do the same?

1 Answer | Asked in Criminal Law for Iowa on
Q: Is a search warrant legal if on it states that they are looking for the items listed below .but there is nothing on list

On the warrant it says that they are looking for items listed below but there is nothing listed on there at all so the came looking for stolen things but have no idea what was stolen or if anything was in fact stolen but took things that were mine from my house

William Jaksa
William Jaksa answered on Jul 29, 2019

Sounds a little suspicious. Typically a Judge would authorize police to conduct searches in relation to specific crimes or incidents. Police don't necessarily need to provide an exhaustive list of all items that they are searching for, but should provide a summary of the types of items. What would... Read more »

1 Answer | Asked in Criminal Law, Health Care Law, Juvenile Law and Military Law for Iowa on
Q: 14yo boy steals military explosives and tells therapist in Iowa. Does therapist tell? What's her duty?

This is a question for a test (not real life)

Peter D. Mlynek
Peter D. Mlynek answered on Jul 19, 2019

This is a classic test question that has to do with the balance of privacy of patients vs the protection of property/health/life.

To answer this question, see Tarasoff. https://en.wikipedia.org/wiki/Tarasoff_v._Regents_of_the_University_of_California .

I think that the therapist...
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2 Answers | Asked in Criminal Law and Domestic Violence for Iowa on
Q: I was charged with domestic abuse assault- first offense in Iowa

After sentencing my ex put a five year no contact order against me. Can I request to have this dropped?

Gary Kollin
Gary Kollin answered on Jul 11, 2019

Yes

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1 Answer | Asked in Criminal Law for Iowa on
Q: if a female single parent is charged with assault is this a justifiable reason to place children in forced foster care

both before a conviction and if there is a conviction when children were not present or witnesses, and if this alone is the reason for children to be removed forceably from the home. this is a very generalized question with no other circumstances included.

Katherine Sears
Katherine Sears answered on Jul 7, 2019

I'm sorry, you might want to ask an attorney who handles family law/custody matters. They're likely to be more familiar with DHS and whatnot. "When to place children in foster care" is not in the criminal section of the Iowa Code.

1 Answer | Asked in Criminal Law for Iowa on
Q: Where can I read what the said in a case involving Keilon Hill in Des Moines Iowa

I would simply like to read exactly what the judge said in this case and I'm not having any luck finding the records. If you could tell me how or where I need to search for the actual records involved I would appreciate it

Katherine Sears
Katherine Sears answered on Jun 26, 2019

To find out exactly what a judge said in a trial (or a hearing or whatever), you'll want a transcript of the event. Not everything ends up with a transcript being made. If a transcript is available, you may have to pay to get a copy.

Here's a thing I found by googling "how to get a...
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2 Answers | Asked in Criminal Law and Federal Crimes for Iowa on
Q: What can I get charge with ?

House was raided a month ago, I guess they were told that I was taking trips to Mex n bringing back with me large quantities of dope or through mail. During the raid a digital scale, a personal amount of dope, close $5000, and a ziploc bag was found, my phone along texts and laptop which I got... Read more »

Gary Kollin
Gary Kollin answered on Jun 12, 2019

Stop trying to play lawyer. You desperately need a lawyer.

You are facing serious time.

Stop talking to EVERYONE.

DO NOT BE PENNYWISE AND DOLLAR FOOLISH.

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1 Answer | Asked in Criminal Law and Constitutional Law for Iowa on
Q: I have a few ideas, but in this case, I’m just curious as to what specific amendment was used in this?
Tim Akpinar
Tim Akpinar answered on May 18, 2019

It looks like part of your question may have inadvertently gotten left off. You could try reposting the question.

Tim Akpinar

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Iowa on
Q: I need to know if I was illegally searched.

I am from a small town in Iowa. The other night I was test riding my small dirt bike after making repairs. On my way back home I got pulled over by a sheriff that knows who I am. I have never been confrontational with the police and have absolutely no violence on my record. The sheriff with his red... Read more »

Katherine Sears
Katherine Sears answered on Apr 30, 2019

Based on the facts presented, you may have a basis for getting the search suppressed, particularly if there wasn't a valid reason for the stop. Talk to an attorney about this; you need someone to review whatever evidence the state has and help you make an informed decision about how to proceed.

1 Answer | Asked in Criminal Law for Iowa on
Q: I was given 2 court dates when jailed for contempt. The judge & then upon release a sailor. Which is correct????

I called clerks office, she said 1st date correct. I have been unjustly handled by this judge, just don't want to be set up.

Gary Kollin
Gary Kollin answered on Apr 8, 2019

How woukd Ny attorney on the internet know?

If wrong, at least you can show up for the second.

1 Answer | Asked in Criminal Law for Iowa on
Q: I was ordered to report to supervised probation. probation is not going to fly with me, how do i get around not doing it

Probation I'm not doing it. What happeneds if i dnt report to them for the first time??

Katherine Sears
Katherine Sears answered on Mar 7, 2019

You *are* "doing it," or you're getting arrested and going to jail for contempt/probation violation, and you're probably going to have whatever suspended sentence you got for the underlying offense imposed on top of that.

1 Answer | Asked in Criminal Law for Iowa on
Q: My sons girlfriend just got parolled to her grandmothers house ,but she is at my sons 99% of the time.

She says she has permission. I dont trust her! What do you think

Im scared

Gary Kollin
Gary Kollin answered on Feb 12, 2019

How would any attorney on the internet know?

Ask her for her officer so you can verify

1 Answer | Asked in Criminal Law for Iowa on
Q: In the state of Iowa are there any time constraints as to how far back they can go to a prior charge for enhancement?

Specifically if a person had a theft 5th degree twice before in 2003. Then in 2018 another 5th degree theft and they enhanced it to theft 3rd due to the 2003 charges? Are there any time limitations as to how far back they can go to use previous charges to enhance a new one?

Katherine Sears
Katherine Sears answered on Jan 18, 2019

Enhancing a theft charge based on prior theft charges is a new one to me. The Iowa Code section that talks about degrees of theft is here: https://www.legis.iowa.gov/docs/code/714.2.pdf and I don't see any reference to enhancement.

Do you have a code section they've brought up or are you...
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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 you can... Read more »

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: Is there an Iowa application for early release from prison for performing hymlech on another inmate
Katherine Sears
Katherine Sears answered on Jan 17, 2019

If you're asking whether there's an application form you can fill out to get out of prison early on the basis that you helped another prisoner, no, there isn't. You might ask whether your attorney whether this is a good-character sorta thing that you could mention if you have a parole hearing or... Read more »

1 Answer | Asked in Criminal Law for Iowa on
Q: Can you tell me if im looking at jail time for fradulent practice in the 1st degree.

This is for fraud of iowa unemployment insurance for the amount of $14,695.85

Katherine Sears
Katherine Sears answered on Jan 17, 2019

Fraudulent Practice, 1st Degree, is a Class C felony. Iowa Code 714.9.

A Class C felony conviction gets you up to ten years in prison, plus a fine of $1000-$10000. Iowa Code 902.9.

Be aware that there are also surcharges on those fines and other collateral consequences...
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