Iowa Criminal Law Questions & Answers
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
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.
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.
Gary Kollin's answer
How would any attorney on the internet know?
Ask her for her officer so you can verify
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?
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?
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
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...
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: Is there an Iowa application for early release from prison for performing hymlech on another inmate
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.
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.
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.
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: I am getting charged with sexual abuse 3rd degree what will happen to me
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....
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?
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...
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
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
____________________
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:...
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
____________________
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,
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."
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?
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.
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: How long can the police hold something over your head before they can no longer charge you, & is it legal?
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.
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
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...
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.
Peter N. 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.
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: How do I reopen a closed case if I remember how it went down? I was 3 but it came to me randomly like a few months ago.
1 Answer
| Asked
in
Criminal Law, Personal Injury and Appeals / Appellate Law
for
Iowa
on
Answered on Oct 31, 2017
Answered on Oct 31, 2017
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
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...
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
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.
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
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.
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.
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