Get free answers to your Criminal Law legal questions from lawyers in your area.
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.
answered on Dec 21, 2018
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... View More 
This man came to me a year ago wanting dna testing done on my 15 year old son. I was not aware I even had intercoarse with this man until people started telling me they seen a video of me past out. I rented an upstairs room in this man's house, about 17 years ago. I never dated him. I moved... View More
answered on Jul 22, 2018
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... View More
Can you tell me what the punishment could be from this crime?
Thank You
Jennifer Holmes
answered on May 9, 2018
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... View More
I pleaded guilty to a charge and the court "dismissed" the other charge
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.
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.
answered on May 8, 2018
It depends on so many other things that aren't written in your question.
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.
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
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
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
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.
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
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
Charged with two counts of possession of firearm as a felon
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.
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
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.
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.
What charges could be pressed against me or her if it is illegal?
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
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.
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.
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
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
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
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.
In my case it's cash so wouldn't I just provide paycheck stubs?? Thank you
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
