Iowa Questions & Answers

Q: My sons girlfriend just got parolled to her grandmothers house ,but she is at my sons 99% of the time.

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 12, 2019
Gary Kollin's answer
How would any attorney on the internet know?

Ask her for her officer so you can verify

Q: We have an illustration paired with the words, "In loving memory" copyrighted are we still vulnerable for a lawsuit?

1 Answer | Asked in Copyright for Iowa on
Answered on Feb 6, 2019
Marcos Garciaacosta's answer
To do a proper assessment we would need to look at what is being sold, in what format, etc.

A trademark protects the use of words for specific products or services. The key test is whether a person would be confused and think the product you are selling comes from the affected party.

Also even though a phrase is trademarked, previous users may have some common law rights to its use, based on prior use.

You should request a consultation with an attorney to get a better...

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?

1 Answer | Asked in Criminal Law for Iowa on
Answered on Jan 18, 2019
Katherine Sears' answer
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 sure that they're enhancing from a theft 5th to theft 3rd based on prior theft convictions?

Q: pre trial conference for a simple misdemeanor, was wondering if i apply for an attorney do i get one right away

1 Answer | Asked in Criminal Law for Iowa on
Answered on Jan 17, 2019
Katherine Sears' answer
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 apply for counsel.

Bear in mind that if you have much income at all -- even so little as $10k/year -- you may not qualify for a public defender, and even if you do qualify, you will likely be...

Q: Online it says sentence date null..my friend was charged with possession..2nd offense..what does that mean

1 Answer | Asked in Criminal Law for Iowa on
Answered on Jan 17, 2019
Katherine Sears' answer
It means that your friend hasn't been sentenced yet.

Q: Is there an Iowa application for early release from prison for performing hymlech on another inmate

1 Answer | Asked in Criminal Law for Iowa on
Answered on Jan 17, 2019
Katherine Sears' answer
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 something of that nature, but helping a choking inmate is not, in itself, going to get you out of prison.

Q: Can you tell me if im looking at jail time for fradulent practice in the 1st degree.

1 Answer | Asked in Criminal Law for Iowa on
Answered on Jan 17, 2019
Katherine Sears' answer
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 accompanying conviction.

Find an attorney ASAP.

Q: We have a neighbor who parks his semi on the side of a gravel road. Is there anything to make him stop?

1 Answer | Asked in Car Accidents and Traffic Tickets for Iowa on
Answered on Jan 9, 2019
Peter Munsing's answer
If it obstructs traffic on a public road yes.

Q: I am getting charged with sexual abuse 3rd degree what will happen to me

1 Answer | Asked in Criminal Law for Iowa on
Answered on Dec 26, 2018
Katherine Sears' answer
Iowa Code 709.4 defines sexual abuse 3rd here: https://www.legis.iowa.gov/docs/code/709.4.pdf

Once you’re arrested or served with a summons to appear, your first court appearance is usually the initial appearance. Your initial appearance will happen within 24 hours of arrest if you’re in custody. At your initial appearance, the judge will tell you what you’re being charged with, what the possible consequences are, and how much you’ll have to pay to bond out of custody....

Q: After wearing my brand new,name brand, snow boots shoveling for 2hrs. I noticed there were lumps on my Achilles tendons.

1 Answer | Asked in Personal Injury and Products Liability for Iowa on
Answered on Dec 21, 2018
Timur Akpinar's answer
You could consult with an attorney in Iowa who could examine further details about the boots and whether they were defectively designed or manufactured. Anyone can sue, but with additional information, an attorney might be able to advise you more meaningfully as to the merits of pursuing such a case.

Tim Akpinar

Q: Can the police keep my id after taking it from my parents house?

1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Answered on Dec 21, 2018
Katherine Sears' answer
What sort of issues?

If the police seized your wallet, including ID, pursuant to a warrant, it's possible they're retaining it as evidence or possible evidence. You could try looking into whether you can get a temporary ID in the meantime.

Please don't talk to the police without consulting with an attorney. It sounds like you may be under investigation for a suspected criminal offense, and anything you say to the police -- even if you think the statements or questions are...

Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Answered on Dec 9, 2018
Erik Luthens' answer
If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.

Q: Is there any cases where I can find details about damage claims in a contract

1 Answer | Asked in Business Law for Iowa on
Answered on Nov 22, 2018
Timur Akpinar's answer
There are, but “damages” is a broad subject, where there are different types of damages, such as compensatory, punitive, consequential, among others. If this is for general knowledge or research, you can find a great deal of information on the subject of damages. If this is for an actual real-life situation, an attorney in your jurisdiction could probably provide more meaningful guidance regarding damages in a contract matter.

Tim Akpinar

Q: Can I see a Dr for telling me there's nothing wrong with .e and sending me on my way when there was something wrong?

2 Answers | Asked in Medical Malpractice for Iowa on
Answered on Nov 6, 2018
Erik Luthens' answer
After you were sent home by the specialist, did you receive any further medical treatment from your primary care doctor and/or any doctor?

Q: Is it safe to travel with expired conditional greencard and the receipt that indicates my status is extended for 18 mo.?

2 Answers | Asked in Immigration Law for Iowa on
Answered on Nov 3, 2018
Peter Munsing's answer
Travel overseas, as an Iranian, on a card that hasn't been reissued? From one of the six banned countries? Sorry, you are looking at possibly being held, if not excluded on your return trip. What you need to do is speak with an attorney--they should be a member of AILA or have an immigration specialization certification from the Pennsylvania Courts.

https://www.nytimes.com/interactive/2018/06/27/us/politics/trump-travel-ban-effects.html

Q: If a trademark saying was active but has now been abandoned, can I step in and take over with a similar trademark?

2 Answers | Asked in Intellectual Property and Trademark for Iowa on
Answered on Nov 3, 2018
Andrew Zulieve Esq's answer
If the trademark was registered with the U.S. Trademark Office, but the status of the registration is listed as abandoned, that does not necessarily mean that the trademark is no longer in use in commerce and abandoned within that context. It may still be in use in commerce and protected under common law principles. Determining if a trademark is actually abandoned is fact-driven and can be complex and complicated. Accordingly, you should have an experienced trademark attorney explore fully...

Q: I was in a motorcycle accident Nov 7 2016 I didn't have insurance. The other driver ran a red light and hit me no ins

3 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Answered on Oct 7, 2018
Stephen Douglas Lombardi's answer
That's a difficult question to answer without having more information about the accident and without being able to read the accident report from the police department that investigated the accident. I will be in the office after 2:30 Pm today if you would like to discuss the situation.

Q: My mother passed from a blood clot after a epidermal injection but was never told she had blood clots forming can we sue

1 Answer | Asked in Medical Malpractice for Iowa on
Answered on Sep 27, 2018
Erik Luthens' answer
In any medical malpractice claim, the primary issues are:

(1) Did a physician, nurse or other health care provider ("HCP") have a duty to provide some type of medical treatment to a patient?

(2) If the HCP did have such a duty, did the HCP breach the standard of care owed to a patient? In other words, did the HCP make an avoidable mistake (also known as "negligence")?

(3) If the HCP did have a duty and there was a breach in the standard of care, did the HCP's...

Q: I injured my elbow and shoulder at work as a drywall finisher ,they denied it simply because I was off on the exact date

1 Answer | Asked in Workers' Compensation for Iowa on
Answered on Sep 18, 2018
Erik Luthens' answer
Since you already have an attorney, I suggest that you schedule a mutually convenient appointment with him / her (rather than randomly calling on the phone) to fully discuss all of the concerns you have with your claim. This will allow both you and your attorney to be prepared to have a meaningful discussion. If you are not satisfied after having the discussion, I suggest that you contact an attorney in the Drs Moines area to discuss your situation.

Erik Luthens...

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