Iowa Criminal Law Questions & Answers
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 »
Would you go to court without an attorney?
Would you let your attorney do the same?
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
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 »
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)
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... Read more »
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?
Yes
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.
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.
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
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... Read more »
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 »
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.
Q: I have a few ideas, but in this case, I’m just curious as to what specific amendment was used in this?
It looks like part of your question may have inadvertently gotten left off. You could try reposting the question.
Tim Akpinar
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 »
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.
Q: Can a person be charged for illegally selling just a small amount of prescription Hydromorphone that caused a death?
Yes.
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.
How woukd Ny attorney on the internet know?
If wrong, at least you can show up for the second.
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??
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.
She says she has permission. I dont trust her! What do you think
Im scared
How would any attorney on the internet know?
Ask her for her officer so you can verify
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?
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... Read more »
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
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 »
Q: Online it says sentence date null..my friend was charged with possession..2nd offense..what does that mean
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
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 »
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
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... Read more »
Q: I am getting charged with sexual abuse 3rd degree what will happen to me
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... Read more »
Q: Can the police keep my id after taking it from my parents house?
The police had a search warrant to search my parents house because it is my mailing address. They took my wallet with my id in it and I’m having issues getting it returned.
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... Read more »
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