Iowa Questions & Answers

Q: Donation Receipts for New Type of eBay Charity Donation

1 Answer | Asked in Tax Law for Iowa on
Answered on Apr 18, 2019
Bruce Alexander Minnick's answer
You are not asking general legal questions; you are seeking about $2,000 worth of free professional legal advice regarding the establishment of what appears to be a workable idea--if a lawyer is involved from the get-go. Suggest you hire a good lawyer and invest in their advice--before you make a serious mistake and get wiped out.

Q: I was given 2 court dates when jailed for contempt. The judge & then upon release a sailor. Which is correct????

1 Answer | Asked in Criminal Law for Iowa on
Answered on Apr 8, 2019
Gary Kollin's answer
How woukd Ny attorney on the internet know?

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

Q: I need parts for a shower faucet. It has no markings indicating the brand but it does have a patent number 3519018.

1 Answer | Asked in Patents (Intellectual Property) for Iowa on
Answered on Apr 6, 2019
Peter D. Mlynek's answer
As a person who does his own plumbing, the lack of part numbers drives me nuts too. And parts from one manufacturer are not compatible with those of other manufacturers. I feel your pain.

Your question is a tough one. The good news is that the patent was issued in 1970, so your shower faucet must be more recent than that, so replacement parts should still be around. The patent owned by Cole Valve Co. (not to be confused with Kohl), but it could have been licensed to any number of...

Q: Can my child (minor) on H4 travel to India and back to US with her aunt?

1 Answer | Asked in Immigration Law for Iowa on
Answered on Apr 1, 2019
Hector E. Quiroga's answer
There should be no issue, as long as the child has a valid and unexpired H4 visa. You should show that your daughter has your permission to travel with her aunt.

Q: My husband was injured at work and is on workers cop. He has not been able to drive. Who should have to pay for a taxi?

2 Answers | Asked in Workers' Compensation for Iowa on
Answered on Mar 26, 2019
Stephen Douglas Lombardi's answer
The employer and its workers' compensation insurer are responsible for transportation costs for medical appointments. They are not otherwise required to provide transportation.

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

1 Answer | Asked in Criminal Law for Iowa on
Answered on Mar 7, 2019
Katherine Sears' answer
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.

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 N. 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...

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