Iowa Criminal Law Questions & Answers

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: 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: Is there any thing I can do about a man making a sexual video tape of me while I was past out due to intoxication?

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Iowa on
Answered on Jul 22, 2018
Erik Luthens' answer
You may have the grounds to go forward with a criminal complaint through the local county attorney’s office as well as a civil action against the man in question. I suggest that you immediately contact an attorney in Iowa who handles civil litigation.

Erik Luthens

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Luthens Law Offices, P.C.

1200 Valley West Drive, Ste. 304-01

West Des Moines, IA 50266

Tel: (515) 222-1697 Fax: (515) 222-2655

e-mail:...

Q: im in Iowa any my neohew was charged with criminal mischeif in the second degree. the damage did no exceeded 2000.00,

1 Answer | Asked in Criminal Law for Iowa on
Answered on May 9, 2018
Erik Steven Fisk's answer
Criminal mischief, second degree is a Class D felony. Under Iowa Code 902.9(1)(e); "A class “D” felon, not an habitual offender, shall be confined for no more than five years, and in addition shall be sentenced to a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars."

Q: What does it mean if a charge is dismissed?

1 Answer | Asked in Criminal Law for Iowa on
Answered on May 9, 2018
Erik Steven Fisk's answer
If it's dismissed, the charge is no longer being brought. It depends on whether the dismissal was with or without prejudice as to whether it could ever be brought again.

Q: Off duty cop questioned my 17yr said she was smoking in house can they do that??

1 Answer | Asked in Criminal Law and Landlord - Tenant for Iowa on
Answered on May 8, 2018
Erik Steven Fisk's answer
It depends on so many other things that aren't written in your question.

Q: How long can the police hold something over your head before they can no longer charge you, & is it legal?

1 Answer | Asked in Civil Rights and Criminal Law for Iowa on
Answered on May 8, 2018
Erik Steven Fisk's answer
It depends on how long the statute of limitations is for the charge, and yes, they can wait for that time period to file charges.

Q: Yesterday i was leaving Walmart a lady started to reverse so we stopped walking. She then stopped so we proceeded to wa

1 Answer | Asked in Criminal Law and Car Accidents for Iowa on
Answered on Apr 7, 2018
Stephen Douglas Lombardi's answer
Facts are funny, it seems everyone has their own set. Many things are 'legal', but what is 'legal' isn't necessarily right. I have no idea which town or city you were in. (Jurisdiction) I have no idea what the police officer wrote in his/her report. And I have no idea what you said in front of witnesses or what witnesses will say you said. Has this ever happened to you before? Is there camera footage that Wal-Mart has available for everyone to see exactly what happened? Who know, because no one...

Q: I just need legal advice, I've been told I may have a lawsuit.

1 Answer | Asked in Criminal Law and Wrongful Death for Iowa on
Answered on Jan 16, 2018
Peter Munsing's answer
The nieces estate would have a claim as would children. Suggest that you contact a member of the Iowa Assn for Justice to get the basics of who can sue, then proceed from there.

Q: I am on probation am I able to bow hunt for deer?

1 Answer | Asked in Criminal Law, Estate Planning, Federal Crimes and Probate for Iowa on
Answered on Oct 27, 2017
Shaun Khojayan's answer
It depends on the terms of your probation and your particular case. For example, if the crime for which you are on probation involves hunting wildlife on federal lands then probation may include the condition that prohibits hunting including by bow. However, if you are generally asking whether bow hunting is prohibited by the "standard" terms of federal probation, unless it is specifically prohibited, then it does not appear to be an issue because it is doubtful that bow hunting would be...

Q: What are the charges on a felon in possession of a firearm in his dwellings in state of Iowa first time

1 Answer | Asked in Federal Crimes and Criminal Law for Iowa on
Answered on Aug 28, 2017
Mr. Nicholas A. Sarcone's answer
I'm not entirely sure what you are asking. I assume that is two counts of felon in possession of a fire arm in federal district court in Iowa? The penalties depend on prior criminal history. The federal sentencing guidelines are complicated and you will need excellent representation.

Q: is having a prior possession charge probable cause to search with k9 on licence plate light stop in iowa

1 Answer | Asked in Criminal Law for Iowa on
Answered on Aug 2, 2017
Mr. Nicholas A. Sarcone's answer
Not necessarily and perhaps not even likely. This of course is a fact dependent question and not answerable without more information. However, if that is the only reason to stop and/or bring a K-9 to the car you may have a good motion to suppress.

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
Mr. Nicholas A. Sarcone's answer
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.

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
Mr. Nicholas A. Sarcone's answer
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.

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
Mr. Nicholas A. Sarcone's answer
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.

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
Mr. Nicholas A. Sarcone's answer
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.

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
Peter Munsing's answer
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.

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
Mr. Nicholas A. Sarcone's answer
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.

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