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Iowa Criminal Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Collections for Iowa on
Q: If some one keeps giving out your phone number knowing that they are doing it falsely, is there any grounds for a suite?

who ever had my number before keeps giving it out for every thing under the sun that they don't want to ever pay or deal with. And it has been over 10 years. Is there any thing here I can do on the legal end to stop them?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2022

You can talk to a local lawyer whether this constitutes harassment but you have to determine who is responsible for doing so. Or you can change your phone number.

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: When feds pick up a state case how does that person get appointed a federal lawyer,from their state lawyer

This case is in Iowa. They were state charges, & the feds picked them up and now being held in county jail, & cannot get any information from anyone regarding this inmate. How does someone go about getting a federal attorney appointed when the attorney they have was the attorney appointed... View More

Katherine Sears
Katherine Sears
answered on May 22, 2022

Those of us who practice exclusively Iowa law don't necessarily know how to navigate PACER (the federal filing system) let alone how to request the appointment of federal counsel.

Your friend could call the federal public defender's office and see if someone over there knows....
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1 Answer | Asked in Bankruptcy, Criminal Law and Appeals / Appellate Law for Iowa on
Q: I feel I wasn’t treated fairly in my hearing what can I do
Timothy Denison
Timothy Denison
answered on May 11, 2022

Appeal or ask for a rehearing.

1 Answer | Asked in Criminal Law for Iowa on
Q: I was riding In car with 2 friends and the cops found 260 gr of meth that was the driver's of the car they charged consp

The driver of the car who the meth belonged to won't say its his

Richard W. Noel
Richard W. Noel
answered on Feb 6, 2022

That's called constructive possession. Speak with your attorney about it and see what if any defenses you might have.

2 Answers | Asked in Criminal Law for Iowa on
Q: Once a judge accepts a plea with a certain sentence can the judge change that sentence

The plea was for unsupervised probation, and after the judge accepted the plea changed it to supervised probation, can they do that?

Katherine Sears
Katherine Sears
answered on Feb 4, 2022

In Iowa, where this question appears to have been asked, the judge generally retains the latitude to accept a plea while rejecting a plea offer and imposing any legal sentence. Yes, that would include changing unsupervised probation to supervised probation. If you have questions about this, you... View More

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1 Answer | Asked in Criminal Law for Iowa on
Q: Hello. If someone can get this message. Can you tell me if possible to get a pro bonus lawyer to represent someone

Thank you

Katherine Sears
Katherine Sears
answered on Apr 28, 2021

It is possible (but unlikely) that an attorney will offer pro bono representation in the sort of case you're describing.  You are always free to call around and ask, but bear in mind that you are essentially asking someone to pay to work for you. Time that lawyers spend working pro bono is... View More

1 Answer | Asked in Criminal Law and Sexual Harassment for Iowa on
Q: If I'm 18 & this has happened to me, can I still take them to court?

If one was sexually assaulted by someone who is not blood related but related by marriage and the victim is now 18, can the victim still take their abuser to court?

Katherine Sears
Katherine Sears
answered on Apr 21, 2021

If the victim was under the age of 18 at the time of the offense, the State can prosecute for sexual abuse in the first, second, or third degree within 10 years of the person turning 18. See Iowa Code Section 802.2(1).

The victim should report what happened ASAP. Waiting makes evidence...
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1 Answer | Asked in Criminal Law for Iowa on
Q: Daughter was arrested, she had phone ON HER. When released they kept her phone and her driver's license. No warrant

Arrested for possession. She was living with someone and the police searched his house and founds drugs. He admitted they were his. My daughter was arrested as she was walking down the street. She wasn't marandarized, she asked if she could bond out they said no, wasn't given her phone... View More

Katherine Sears
Katherine Sears
answered on Apr 21, 2021

Your daughter needs an attorney. If she is an adult, she should not give you more information about what happened. She should not discuss the situation with anyone other than her attorney. She will have attorney-client privilege with her lawyer. She does not have that privilege with you.... View More

1 Answer | Asked in Criminal Law and Family Law for Iowa on
Q: If I were to attempt suicide while pregnant in the state of Iowa would I get in trouble
Katherine Sears
Katherine Sears
answered on Apr 21, 2021

If you attempted suicide and *succeeded,* you would be dead. Can't really get in trouble if you're dead, right?

That you're asking this question therefore suggests that you're considering "attempting" suicide *without* succeeding. (I'd call that more of...
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1 Answer | Asked in Criminal Law for Iowa on
Q: Is it ok for a court appointed attorney to Bill you for trial research and then 2 days before trial urge you to plea

The reasons based on the plea are nothing the lawyer didn’t know from the beginning and the attorney billed me for every hour of research despite my financial affidavit declaring me indigent

Katherine Sears
Katherine Sears
answered on Oct 21, 2020

Of course.

Your indigency has nothing to do with whether your court-appointed lawyer will bill for their time. Court-appointed lawyers are not working pro bono. They bill for and expect to be paid for their time.

Your attorney is professionally responsible for doing case research...
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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Iowa on
Q: how long after my promise to appear is my tral?

my charges are all drug related misdemeanors and i have no record.

Benjamin Kohn
Benjamin Kohn
answered on Jul 11, 2020

Although you have a right to a speedy trial (though even what that's been held to constitute is going to be different due to Covid, as is when a trial can be scheduled), which in ordinary times without a pandemic would require extremely good cause to be longer than a set number of days... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Iowa on
Q: I got a citation in Iowa for not stopping and yielding to the right of way

And my vechile had no AC and I left from a different state from a Abusive spouse and dealing with a divorce and with me driving trying to figure out we’re to go I see a stop sign brake and my brakes squeak and I drift into the right of way car and he hits me totaled my vechile and I feel I was... View More

Benjamin Kohn
Benjamin Kohn
answered on Jul 11, 2020

It sounds like you have at least three issues: (1) civil fault for the accident; and (2) the two simple misdemeanor traffic charges for disobeying the stop sign and for failing to yield; and (3) being a victim of domestic abuse.

While I can't provide legal advice based on such an...
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1 Answer | Asked in Criminal Law and Personal Injury for Iowa on
Q: On May 25, 2018 someone opened a car door into my daughter's lane of traffic causing her to hit the door resulting death

Is it too late to proceed in a criminal case against the person that opened the door

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Jun 1, 2020

There is no way to answer your question. Only prosecutors have the power/authority to file criminal charges. You can file a report with the police, but only a prosecutor has the discretion to bring charges.

Has an estate been opened? The estate has the right to bring the action.

If...
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1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for Iowa on
Q: can you be charged with anything if you ask someone you ask to come to see you get in an accident

if you asked someone to come and see you and they refuse to let you pick them up and instead they take public transportation and then get into an accident are you responsible to help pay the medical bills and if you don't can they charge you with anything?

Tim Akpinar
Tim Akpinar
answered on May 29, 2020

An Iowa attorney could answer your question best, but your post remains open for two weeks. As a general matter, it seems unlikely that criminal charges would stem from such a scenario, unless there are factors not mentioned, such as allowing a small child to fend for themselves on public... View More

2 Answers | Asked in Criminal Law, Personal Injury, Domestic Violence and Sexual Harassment for Iowa on
Q: What exactly is slander or deformation of character? Can I be sued if what I'm saying is absolutely true?
William Jaksa
William Jaksa
answered on Oct 14, 2019

It varies from jurisdiction to jurisdiction and can vary from one situation from another. Simply put it is a false statement that hurts a person's reputation. You are allowed to express an opinion and you are allowed to state facts - everything else is a grey area. Yes, you can be sued even if... View More

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1 Answer | Asked in Criminal Law for Iowa on
Q: charged with a felony but the day before i plead guilty, the law changed reducing the amount to an aggravated misdeamer.

I was charged with theft 2nd, a class D felony in December 2018. I plead guilty on July 2nd, 2019. I later found out that on July 1st (1 day prior to my guilty plea, the law lowered the amount making it now an aggravated misdemeanor. I found this out after the psi report was completed. apparently,... View More

Gary Kollin
Gary Kollin
answered on Sep 29, 2019

Then spend the money and hire a private lawyer

1 Answer | Asked in Criminal Law for Iowa on
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... View More

Gary Kollin
Gary Kollin
answered on Aug 30, 2019

Would you go to court without an attorney?

Would you let your attorney do the same?

1 Answer | Asked in Criminal Law for Iowa on
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

William Jaksa
William Jaksa
answered on Jul 29, 2019

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... View More

1 Answer | Asked in Criminal Law, Health Care Law, Juvenile Law and Military Law for Iowa on
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)

Peter D. Mlynek
Peter D. Mlynek
answered on Jul 19, 2019

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...
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2 Answers | Asked in Criminal Law and Domestic Violence for Iowa on
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?

Gary Kollin
Gary Kollin
answered on Jul 11, 2019

Yes

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