Lawyers, Answer Questions  & Get Points Log In
Iowa Questions & Answers
1 Answer | Asked in Criminal Law for Iowa on
Q: Is it ok for a court appointed attorney to Bill you for trial research and then 2 days before trial urge you to plea

The reasons based on the plea are nothing the lawyer didn’t know from the beginning and the attorney billed me for every hour of research despite my financial affidavit declaring me indigent

Katherine Sears
Katherine Sears answered on Oct 21, 2020

Of course.

Your indigency has nothing to do with whether your court-appointed lawyer will bill for their time. Court-appointed lawyers are not working pro bono. They bill for and expect to be paid for their time.

Your attorney is professionally responsible for doing case research...
Read more »

2 Answers | Asked in Admiralty / Maritime for Iowa on
Q: In Iowa, what is the liability of a boat owner if a towing company overcharges without an agreement?

I asked a towing company if they could tow a jet ski 300 yards up the Missouri River in Iowa. No pre-estimate of price, no agreement was signed or verbally given, and I repeatedly asked when to bring my trailer to pick it up at the dock if they would bring it up the water. They brought the jet ski... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 16, 2020

It looks like the towing company may be asserting a salvage claim as a result of the towing operation. The distinction between a simple tow to a gas dock or a valid salvage action could hinge on the circumstances. To give rise to a salvage claim, maritime law generally requires that there be a... Read more »

View More Answers

1 Answer | Asked in Medical Malpractice and Products Liability for Iowa on
Q: Is it medical negligence if a doctor put me on a ssri medications that resulted in low blood pressure, permanent vision?

I had previous fainting spells with an ssri and it was discontinued, then a year later when I was pregnant I was put on another ssri which caused low blood pressure which resulted in my eye basically having a stroke from lack of blood oxygen. This caused drusen which destroyed a lot of optic nerve... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2020

An Iowa attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. To answer your question, an attorney would need to evaluate your condition in greater detail, which would likely involve retrieval of your medical records and consulting with a medical... Read more »

1 Answer | Asked in Products Liability and Trademark for Iowa on
Q: if I Pirate a song and later buy another digital copy of said song would the pirated version still get me in trouble?
Steve Charles Vondran
Steve Charles Vondran answered on Oct 6, 2020

This is general legal information only and not legal advice. In general, once you pirate a movie, song, photograph, or other creative content, without a proper license, that becomes copyright infringement. You can be liable for that and copyright penalties can be stiff. Buying a licensed version... Read more »

1 Answer | Asked in Animal / Dog Law for Iowa on
Q: My buddy’s dad bought an xxl pit bull off a guy without receiving paperwork and now the guy wants him back?

The pit bull was a couple months old at the time and extremely starved with a stomach full of rope that took 4000$ surgery to remove it, since then almost a year later he is a beast of a dog in a happy home that weighs 150+ pounds and now the neglectful owner he bought him off says he wants the dog... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Oct 1, 2020

If your buddy's dad can prove he paid for the dog (text messages, emails, social media messages + proof of payment -- if it was cash, he'll need the cash withdrawal receipt), then the police shouldn't get involved. The police likely won't get involved, anyway, especially if your... Read more »

1 Answer | Asked in Car Accidents for Iowa on
Q: How to clear my name in an auto accident

I sold an individual a vehicle He never transferred it into his name and was involved in a hit-and-run. Now the DOT is trying to put the Blame on me.How do I go about clearing my name?

Tim Akpinar
Tim Akpinar answered on Sep 27, 2020

An Iowa attorney could advise best, but your question remains open for four weeks. Since you don't have the benefit of the vehicle registration as a solid form of proof, some weaker forms of proof could include a bill of sale, record of payment, copy of receipt, cancellation of insurance, and... Read more »

1 Answer | Asked in Employment Law for Iowa on
Q: I live in Iowa my employer gives me a 15 and 20 minute paid break but takes a half hour out of my daily pay for a meal

break .IAM paid hourly .Is this leagal

Rhiannon Herbert
Rhiannon Herbert answered on Sep 23, 2020

The answer to this question depends on whether you are actually able to take the half-hour lunch break in addition to your 15 and 20-minute paid breaks. Breaks of 20 minutes or less must be paid, but breaks of half and hour or longer can be unpaid, as long as you are completely relieved of any work... Read more »

1 Answer | Asked in Car Accidents, DUI / DWI and Wrongful Death for Iowa on
Q: Son died 12 hrs after car failed to yield. Driver had 2 warrants 4 DUI, no licenseby, 9 suspensions. Manslaughter?

What recourse do we have? Never want another family to deal with the same loss as we have had.

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Sep 8, 2020

If there is insurance you can sue for wrongful death.

2 Answers | Asked in Banking, Consumer Law and Contracts for Iowa on
Q: I was paid over $5000 by a company to advertise on my car. I deposited it into my bank and spent it.

The checks came back as fake and now my bank wants me to pay all the money back to them. I'm on Social Security Disability and can't afford to do that. Since my bank is FDIC insured, won't they get their money back that way? Am I really obligated? After all, the only true victim is... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 3, 2020

FDIC insurance covers you (the funds in your deposit account) if the bank fails (kind of like going bankrupt). As an account holder you are responsible to the bank for all checks deposited into your account. This is covered by law (under the Uniform Commercial Code) in every state, and all banks... Read more »

View More Answers

1 Answer | Asked in Trademark for Iowa on
Q: If a person has abandoned a Trademark because of no statement of use filed? Can someone use that Trademark?
Evelyn Suero
Evelyn Suero answered on Aug 26, 2020

A status of abandonment does not necessarily mean that a trademark is available for use. The owner or some other person may still be using the trademark and have common law rights against infringement. However, it may also depend on whether the new trademark will be used in the same or a related... Read more »

1 Answer | Asked in Car Accidents for Iowa on
Q: im am in iowa and stopped at a stopsign and then looked left and pulled out and hit the car in front of me.
Tim Akpinar
Tim Akpinar answered on Aug 3, 2020

An Iowa attorney could answer best, but your question remains open for five weeks. As a general matter, these facts may not be in your favor, given the fact that you had a stop sign. By now you must have contacted your insurance carrier if the other vehicle's operator and passengers brought... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Iowa on
Q: how long after my promise to appear is my tral?

my charges are all drug related misdemeanors and i have no record.

Benjamin Kohn
Benjamin Kohn answered on Jul 11, 2020

Although you have a right to a speedy trial (though even what that's been held to constitute is going to be different due to Covid, as is when a trial can be scheduled), which in ordinary times without a pandemic would require extremely good cause to be longer than a set number of days... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Iowa on
Q: I got a citation in Iowa for not stopping and yielding to the right of way

And my vechile had no AC and I left from a different state from a Abusive spouse and dealing with a divorce and with me driving trying to figure out we’re to go I see a stop sign brake and my brakes squeak and I drift into the right of way car and he hits me totaled my vechile and I feel I was... Read more »

Benjamin Kohn
Benjamin Kohn answered on Jul 11, 2020

It sounds like you have at least three issues: (1) civil fault for the accident; and (2) the two simple misdemeanor traffic charges for disobeying the stop sign and for failing to yield; and (3) being a victim of domestic abuse.

While I can't provide legal advice based on such an...
Read more »

2 Answers | Asked in Personal Injury for Iowa on
Q: How much should i expect forge a settlement? Someone cut Me off and ended up running my arm over. Had to have em surgery
Erik Luthens
Erik Luthens answered on Jul 6, 2020

A reasonable settlement value depends on many factors including, but not limited to liability; the amount of your medical expense (past and future); the amount of your loss of earnings (past), the amount of your loss of earning capacity (future). This is not a do-it-yourself project; I suggest... Read more »

View More Answers

1 Answer | Asked in Divorce and Social Security for Iowa on
Q: I want to separate from my husband, or divorce but I'm also trying for ssdi. I don't know if it will effect income.

so I'm wondering if applying for ssdi, should I bother separation or just go for divorce? I have no income myself. My husband makes the money.

Emmett B. Irwin
Emmett B. Irwin answered on Jun 26, 2020

SSDI generally does not have income or asset limits, so it generally doesn't matter whether you're married, separated or divorced. But you have to have been working and paid payroll taxes for 5 out of the last 10 years before you became disabled to technically qualify for SSDI.

1 Answer | Asked in Uncategorized for Iowa on
Q: Odd question. But can a minutes taker for city council meetings hold another position for the city in Iowa?
Tim Akpinar
Tim Akpinar answered on Jun 24, 2020

An Iowa attorney could advise best, but your post remains open for a week. It could depend on the rules or by-laws of the city council. Additionally, some public positions require disclosure of outside employment. These situations can sometimes be fact-specific. Does your attendance at meetings... Read more »

1 Answer | Asked in Car Accidents for Iowa on
Q: An uninsured 17 year old motorist hit my car and caused $1,000 damage. Do I sue the child or the parent?

The car is registered to the child. They verbally agreed to pay to have my repairs made but I sent copies of the invoices and they won’t pay. I have a copy of the police report and a witness stating it was the kid’s fault. She also fled the scene but I caught up to her and called the police.... Read more »

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Jun 19, 2020

You file an accident report with the Iowa DOT Motor Vehicle Division explaining there was an collision and explaining why, factually, the other driver was at fault. If they agree with you, then the IA-DOT contacts her and if she does not pay for your damages they take away her driver's... Read more »

1 Answer | Asked in Products Liability for Iowa on
Q: Airbag recall

Had an appointment to get it fix. They canceled cause it's still pending.

Tim Akpinar
Tim Akpinar answered on Jun 18, 2020

An Iowa attorney could advise best, but your post remains open for two weeks. It's difficult to speculate why the matter might still be pending after a major recall notice. Unless COVID-19 might have had a role because many facility's are short staffed these days, it's anyone's... Read more »

1 Answer | Asked in Civil Rights for Iowa on
Q: Is our American civil rights being violated if we are required to wear a mask at work
Tim Akpinar
Tim Akpinar answered on Jun 14, 2020

An Iowa attorney could answer your question best, as it could also involve elements of state constitutional or employment law. But as a general matter, such safety measures are being upheld on the basis of protecting public health.

Tim Akpinar

1 Answer | Asked in Real Estate Law for Iowa on
Q: If I sign a quick claim deed. Can they sell the property if there is still a mortgage on it?
Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Not sure of your question. But it sounds like you are trying to convey your interest by Quit Claim Deed to the grantee subject to the mortgage. Unless the grantee assumes the mortgage, he is not personally obligated on the note debt, but the property is the collateral subject to foreclosure. And... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.