Iowa Questions & Answers by Practice Area


Iowa Questions & Answers

Q: Where can I find a copy of the Iowa Prompt Payment Act?

1 Answer | Asked in Contracts for Iowa on
Answered on Mar 9, 2017

http://www.zlien.com/prompt-payment/iowa-prompt-payment-statute/
View Details »

Q: Can a vehicle be tucked if it cant be seen from a tractor trailor side view mirrors & gets hit while big rig backs up?

1 Answer | Asked in Car Accidents for Iowa on
Answered on Mar 2, 2017

If it was parked improperly yes. As the rig is in motion the rig's insurance should cover damage to the car.

If you have collision, maybe run it through that and let them go after the truck. Whether to fight the ticket or not depends on what the ticket was for. However the driver should have been aware the vehicle was there on his first pass. So even if the car wasn't parked where it should have been it doesn't mean the truck could hit it with impunity.
View Details »

Q: If I was arrested at night on a warrant that had been canceled that morning do they have the right to search my vehicle

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 23, 2017

There is no general search incident to arrest exception to the warrant requirement in Iowa thanks to recent decisions of the Iowa Supreme Court. So, unless the police had a warrant to search your vehicle, and that warrant was valid, then it is possible it was a bad search.
View Details »

Q: Is it legal for a 15 year old boy to have sex with a 13 year old girl with her consent in Iowa?

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Answered on Feb 23, 2017
View Details »

Q: Can person "sell" their own property to their girlfriend/boyfriend in a domestic situation?

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Iowa on
Answered on Feb 23, 2017

It is not necessary to sell your mobile home in order to evict your mother. There is an eviction process which a lawyer can help you with. The lawyer is allowed contact with the protected party and can therefore effectuate the eviction.
View Details »

Q: Is it legal to put someone in custody and not serve them with a warrant until nine days later

3 Answers | Asked in Criminal Law for Iowa on
Answered on Feb 23, 2017

Yes. A warrant is not always necessary for an arrest. Also, in cases where a warrant is necessary, as long as the warrant has been obtained it is necessary that it be physically present. Although, 9 days is quite a while to wait to serve it.
View Details »

Q: My son is 15 and punched a kid in face for calling his friend the N word. Cop charged him with serious assault. what now

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Answered on Feb 21, 2017

The case will likely be referred to juvenile court services. Juvenile court services has a number of options to keep him out of court or they can refer him to court for prosecution. You need to hire a lawyer and go over all the various possibilities and prepare yourself for the Juvenile Court Services meeting.
View Details »

Q: I have c.c.w. for handgun if I enter a place gun free zone if I leave my weapon in car

1 Answer | Asked in Criminal Law and Personal Injury for Iowa on
Answered on Feb 19, 2017

No. They aren't responsible for criminal conduct of others. THey might be if they let you in armed, you missed and hit a patron.
View Details »

Q: What do I state exactly in my response to an in rem forfeiture complaint if I'm trying to get property back??

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 18, 2017

The information you need is contained in Iowa code section 809A.13. However, it's complicated and you really need a lawyer well versed in forfeiture law to help. Happens to be an area I practice in frequently. If I could specifically answer your question I would but it's very fact dependant.
View Details »

Q: is a person required by law to report a vehicle they own has been stolen?

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 18, 2017

No. There is no requirement that you report it stolen. However, there are many good reasons to do so. Including that the vehicle maybe registered and titled in your name. Additionally, if it is found or if an officer conducts a traffic stop on the vehicle it will assist in you obtaining the return of the vehicle.
View Details »

Q: My son is 16 n charged with 2nd degree burglary for kicking in a door while the family was asleep.

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Answered on Feb 18, 2017

This is a good question which does not necessarily lend itself to an easy answer. I would make the legal argument that he did not enter and therefore could not have committed a burglary. However, if his body crossed the plane of the door while breaking it, a Court may deem that sufficient for entry. Very interesting question which definitely lends itself to some creative lawyering.
View Details »

Q: probation/probation violation

1 Answer | Asked in Criminal Law and Probate for Iowa on
Answered on Feb 18, 2017

Typically, you would not be arrested. A report maybe made to your probation officer who could then file a report of violation and request a warrant from the Court. Could you be arrested? Maybe. Are you likely to be arrested. No. Depending on your underlying conviction you might be able to have a lawyer get that condition removed from your probation agreement.
View Details »

Q: If I get caught drinking underage, what will happen to me

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 18, 2017

Most likely, you would receive a possession of alcohol under the legal age ticket (Paula). This ticket is a simple misdemeanor. It can be expunged if you do not receive any additional criminal charges within the next two years. Typically, you would receive a fine on the ticket. If you hire a lawyer they maybe able to negotiate a dismissal.
View Details »

Q: If a video is missing footage can that make the tape inadmissible, in a criminal case?

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 18, 2017

It is possible that if a video is incomplete or has been tampered with it might be inadmissible. It depends on the specific facts and circumstances. It would not be per se inadmissible.
View Details »

Q: I'm 18 and she is turning 17 can she move in with me at my parents house

1 Answer | Asked in Juvenile Law and Criminal Law for Iowa on
Answered on Feb 18, 2017

The answer to your specific question is yes, she can move in with you. The underlying question might be can the two of you engage in sexual activity, legally? The answer is also yes. Iowa Code Section 709.4 (sexual abuse) does not make it a crime for persons of your age to engage in sexual activity. The caveat is that if you are in a position of authority over her then it would be illegal to use your position to get her to submit to your wishes.
View Details »

Q: if someone pleads guilty to a crime and evidence comes out later they are innocent can they use that evidence

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 17, 2017

That issue is currently on appeal to the Iowa Supreme Court. It should be decided by the end of this adjudicative term (May).
View Details »

Q: If doing preliminary hearing robbery charge was dismissed can I be charge again for same charge?

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 17, 2017

Yes, you can still be charged again with the same crime. The State is free to bring the charge via trial information.
View Details »

Q: If a man has a nude picture on a dating site, can he be charged if an underage girl accesses it?

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 17, 2017

That is not likely a crime unless it is done to solicit similar pictures or other sexual contact/conduct from an underage girl. However, to be safe, I would not engage in any such activities with anyone under the legal age. Additionally, you should be aware that law enforcement frequently pose as underage girls online.
View Details »

Q: If I am 18 and my 15 year old boyfriend gets me pregnant can I get in trouble with the law for that?

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 17, 2017

Iowa Code Section 709.4 makes it a crime to commit a sex act with a 14 or 15 year old if 1) You are members of the same household, 2) you are blood related within 4 degrees, 3) You are in a position of authority and use that authority to force submission into the sex act, or 4) you are 4 or more years older. So depending on the circumstances it could be criminal.
View Details »

Q: What is the general penalty for harassment in the second degree in polk county Iowa

1 Answer | Asked in Criminal Law for Iowa on
Answered on Feb 17, 2017

Harassment 2nd Degree is a serious misdemeanor punishable by up to 1 year in county jail.
View Details »

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.