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Iowa Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Iowa on
Q: What does it mean if a charge is dismissed?

I pleaded guilty to a charge and the court "dismissed" the other charge

Erik Steven Fisk
Erik Steven Fisk
answered on May 9, 2018

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.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Iowa on
Q: Off duty cop questioned my 17yr said she was smoking in house can they do that??

They asked her about smoking weed and got her to give them a pipe. She did not smoke in the house. But they scared her into giving information. Now they are trying to evict us saying she smoked in the house and had drugs in the house.

Erik Steven Fisk
Erik Steven Fisk
answered on May 8, 2018

It depends on so many other things that aren't written in your question.

1 Answer | Asked in Civil Rights and Criminal Law for Iowa on
Q: How long can the police hold something over your head before they can no longer charge you, & is it legal?
Erik Steven Fisk
Erik Steven Fisk
answered on May 8, 2018

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.

1 Answer | Asked in Criminal Law and Car Accidents for Iowa on
Q: Yesterday i was leaving Walmart a lady started to reverse so we stopped walking. She then stopped so we proceeded to wa

We proceeded to walk behind the vehicle. As we got behind the vehicle she put it in reverse, i put my arm up in defense the vehicle hit me, we all told the police the same information including the driver of the vehicle. The police then arrested me saying “i lied and jumped into the car”for... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Apr 7, 2018

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... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Iowa on
Q: I just need legal advice, I've been told I may have a lawsuit.

March of 2017 I contacted a DHS case worker regarding my sister being addicted to prescription drugs while being pregnant and neglecting her two other chidren and nothing was done. Other people besides me have contacted DHS with the same concerns I had and again nothing was done. September 28th... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 16, 2018

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.

1 Answer | Asked in Criminal Law, Personal Injury and Appeals / Appellate Law for Iowa on
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.

Saw and remember what he said and did. And watch the fire burn. It's more like an attempted murder but there's arson and deceit. Been doing research on it since but not really sure how to go about it

Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Talk to the police. They may have a "closed case" unit.

1 Answer | Asked in Criminal Law, Estate Planning, Federal Crimes and Probate for Iowa on
Q: I am on probation am I able to bow hunt for deer?
Shaun Khojayan
Shaun Khojayan
answered on Oct 27, 2017

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... View More

1 Answer | Asked in Federal Crimes and Criminal Law for Iowa on
Q: What are the charges on a felon in possession of a firearm in his dwellings in state of Iowa first time

Charged with two counts of possession of firearm as a felon

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Aug 28, 2017

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.

1 Answer | Asked in Criminal Law for Iowa on
Q: is having a prior possession charge probable cause to search with k9 on licence plate light stop in iowa

prior possession of meth in December. same officer pulled me over again, I denied their search they said my prior was probable cause to bring k9 to car

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Aug 2, 2017

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.

1 Answer | Asked in Criminal Law for Iowa on
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
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 23, 2017

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.

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Q: Is it legal for a 15 year old boy to have sex with a 13 year old girl with her consent in Iowa?

What charges could be pressed against me or her if it is illegal?

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 23, 2017

No. Sexual Abuse.

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Iowa on
Q: Can person "sell" their own property to their girlfriend/boyfriend in a domestic situation?

Man owns a mobile home. His mother and girlfriend live in the same home. His girlfriend pays rent and other bills. His mother does not. His mother attacks his girlfriend and he gets in the middle to prevent more physical harm to the girlfriend. Mother calls cops. Cops arrest man. Can man sell his... View More

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 23, 2017

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.

3 Answers | Asked in Criminal Law for Iowa on
Q: Is it legal to put someone in custody and not serve them with a warrant until nine days later
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 23, 2017

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.

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1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
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

Cop brought my kid home said he was honest so he's not taking him to J.D. N citeing him for simple assault cause kid had bump above his eye. . 20 min later cop came back n said he made mistake n has to take him to station and charge him with serious assault. With him being athletic and... View More

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 21, 2017

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... View More

1 Answer | Asked in Criminal Law and Personal Injury for Iowa on
Q: I have c.c.w. for handgun if I enter a place gun free zone if I leave my weapon in car

If a combatant enters store is the store libel if I was shoot since I had to leave my gun in car and cant defend my self

Peter N. Munsing
Peter N. Munsing
answered on Feb 19, 2017

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.

1 Answer | Asked in Criminal Law for Iowa on
Q: What do I state exactly in my response to an in rem forfeiture complaint if I'm trying to get property back??

In my case it's cash so wouldn't I just provide paycheck stubs?? Thank you

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

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.

1 Answer | Asked in Criminal Law for Iowa on
Q: is a person required by law to report a vehicle they own has been stolen?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

No. There is no requirement that you report it stolen. However, there are many good reasons to do so. Including that the vehicle maybe registered and titled in your name. Additionally, if it is found or if an officer conducts a traffic stop on the vehicle it will assist in you obtaining the return... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Iowa on
Q: My son is 16 n charged with 2nd degree burglary for kicking in a door while the family was asleep.

He did not enter the home. Is this still burglary??

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

This is a good question which does not necessarily lend itself to an easy answer. I would make the legal argument that he did not enter and therefore could not have committed a burglary. However, if his body crossed the plane of the door while breaking it, a Court may deem that sufficient for... View More

1 Answer | Asked in Criminal Law and Probate for Iowa on
Q: probation/probation violation

If one is on probation and they are not to be in an environment that sales are 50% or more of alcohol can a cop arrest you for being there if you are not technically doing anything wrong? By technically if they have no other reason to arrest you other than being there(not driving while intoxicated,... View More

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

Typically, you would not be arrested. A report maybe made to your probation officer who could then file a report of violation and request a warrant from the Court. Could you be arrested? Maybe. Are you likely to be arrested. No. Depending on your underlying conviction you might be able to have a... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: If I get caught drinking underage, what will happen to me
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

Most likely, you would receive a possession of alcohol under the legal age ticket (Paula). This ticket is a simple misdemeanor. It can be expunged if you do not receive any additional criminal charges within the next two years. Typically, you would receive a fine on the ticket. If you hire a lawyer... View More

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