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Iowa Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Iowa on
Q: If a video is missing footage can that make the tape inadmissible, in a criminal case?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

It is possible that if a video is incomplete or has been tampered with it might be inadmissible. It depends on the specific facts and circumstances. It would not be per se inadmissible.

1 Answer | Asked in Juvenile Law and Criminal Law for Iowa on
Q: I'm 18 and she is turning 17 can she move in with me at my parents house
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 18, 2017

The answer to your specific question is yes, she can move in with you. The underlying question might be can the two of you engage in sexual activity, legally? The answer is also yes. Iowa Code Section 709.4 (sexual abuse) does not make it a crime for persons of your age to engage in sexual... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: if someone pleads guilty to a crime and evidence comes out later they are innocent can they use that evidence
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

That issue is currently on appeal to the Iowa Supreme Court. It should be decided by the end of this adjudicative term (May).

1 Answer | Asked in Criminal Law for Iowa on
Q: If doing preliminary hearing robbery charge was dismissed can I be charge again for same charge?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Yes, you can still be charged again with the same crime. The State is free to bring the charge via trial information.

1 Answer | Asked in Criminal Law for Iowa on
Q: If a man has a nude picture on a dating site, can he be charged if an underage girl accesses it?

during the course of an email exhange with the girl, the man tells her the pic is available on the website

Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

That is not likely a crime unless it is done to solicit similar pictures or other sexual contact/conduct from an underage girl. However, to be safe, I would not engage in any such activities with anyone under the legal age. Additionally, you should be aware that law enforcement frequently pose as... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: If I am 18 and my 15 year old boyfriend gets me pregnant can I get in trouble with the law for that?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Iowa Code Section 709.4 makes it a crime to commit a sex act with a 14 or 15 year old if 1) You are members of the same household, 2) you are blood related within 4 degrees, 3) You are in a position of authority and use that authority to force submission into the sex act, or 4) you are 4 or more... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: What is the general penalty for harassment in the second degree in polk county Iowa
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Harassment 2nd Degree is a serious misdemeanor punishable by up to 1 year in county jail.

1 Answer | Asked in Criminal Law for Iowa on
Q: My son is 17 and a 14 yr.old girl came to our home while we were gone and said he assaulted her, can he be charged ?
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Yes. He can be charged if the police believe that an assault occurred. He could be charged as an adult or a juvenile. That is up to the County Attorney's discretion.

1 Answer | Asked in Criminal Law for Iowa on
Q: Is it illeagal to marry my ex 21 year old stepdaughter in iowa.
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

Assuming you did not adopt her it is probably not illegal.

1 Answer | Asked in Family Law and Criminal Law for Iowa on
Q: Is it illegal for my mom to threaten to kill herself in front of me? I am 13
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

It is probably not illegal for your mom to threaten to kill herself. If she threatened you, that would be illegal. However, you might considering calling a suicide prevention hotline and asking for help. The police may also be able to help.

1 Answer | Asked in Criminal Law and Federal Crimes for Iowa on
Q: What kind of charges can I file against someone that held me against my will with a loaded handgun. He was gonna kill me
Nicholas A. Sarcone
Nicholas A. Sarcone
answered on Feb 17, 2017

There are a number of charges that could be filed against this person including kidnapping and assault. You need to go to the police, file a report and request that charges be filed. It is also important to get a no contact order. The Court will automatically enter one if an assault, kidnapping or... View More

1 Answer | Asked in Criminal Law, Sexual Harassment and Small Claims for Iowa on
Q: If I'm a 15 year old girl and a lesbian can I date a 17 year old who is about to be 18 ?
Nicholas Hay
Nicholas Hay
answered on Sep 8, 2016

Yes. If you are 15 years old, then any sexual act between you and someone who is less than 4 years older is legal. Since you are 15, you would be able to date an 18 year old. In Iowa, the age of consent is 16, but if you are 14 or 15, then a sex act is a felony if the other person is 4 years or... View More

1 Answer | Asked in Criminal Law, Family Law, Communications Law and Juvenile Law for Iowa on
Q: If I am 16 and want to hangout with a guy that is 4 years and 8 months older than me can my parents call the cops on him

Can he go to jail for talking to me when I'm 16 and he's 20

Nicholas Hay
Nicholas Hay
answered on Aug 12, 2016

Not likely, as long as you two are not doing anything illegal including him having you out past a city or town curfew, and your parents tell you that you can't leave the house but you do to go hang out with him, it is unlikely he gets arrested for you two simply being in the same vicinity of... View More

1 Answer | Asked in Criminal Law and Family Law for Iowa on
Q: Can my daughters mom go to jail for starving my daughter? If it happened 3 years ago

3 years ago my daughters mom starved our daughter to the point of becoming unresponsive and having the hospital call dcs on her. At that time I had not taken her to court yet for child custody and got to see her maybe once a week for a couple hours. Since then I have obtained full custody of my... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 5, 2015

These are not just basic questions about the law. It was a civil case of child neglect, not a criminal one. It will not be easy for her to get more time, in my opinion.

1 Answer | Asked in Criminal Law for Iowa on
Q: Can the depart. of correc. services force psycho-sexual evaluation and treatment for a non sex related crime?

I accepted a plea of enticement of a minor with conditions that its not a sex related crime. Also its a 2 year probation with a deferred judgement. The probation office is saying its procedure for me to undergo psycho sexual evaluation and sex offender treatment. My lawyer mentioned a case of State... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 5, 2015

You already have a lawyer who knows all about the case and what has been done. Ask him all of the questions that you have.

1 Answer | Asked in Criminal Law for Iowa on
Q: I have a valid Wisc DL. I have a suspended florida DL. I will be a snowbird in Florida in nov.

If pulled over in Florida will I risk arrest even though I'm a wisc resident and have a valid Wisc DL? Thank you.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 16, 2015

Yes, most likely.

1 Answer | Asked in Criminal Law for Iowa on
Q: If a alleged controlled buy is done by an "Unwitting" third person would that be considered a controlled buy?

A search warrant was served after the unwitting person allegedly purchased narcotics from the residence but the alleged buy was not monitored or witnessed by any law official or any individual. Could a Motion to Suppress and or Hobbs Motion be filed in this case?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

Go see a local attorney with all the facts. You cannot get a full discussion of the issues on the internet. What do you mean by unwitting? Is that person going to testify? Perhaps it is just that person's word, and that needs to be explored fully.

1 Answer | Asked in Criminal Law for Iowa on
Q: Are you eligible for a reconsideration in Iowa if they are considering this your first time down?

He had been in prison twice before but not in Iowa, do they are considering this his first time down. No felonies or drug on his record.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

It is not his first time in prison, no it is not his first time. Go ask a local criminal defense attorney and have a full discussion.

1 Answer | Asked in Criminal Law for Iowa on
Q: If agreed to turn self into jail for 2wk sentence on certain day n fsil to show up when caught do u serve extra time?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

Perhaps, because failing to show up is a violation, probably.

1 Answer | Asked in Criminal Law for Iowa on
Q: In 1983 was there a mandatory child sexual abuse law in Iowa?

Around 1983 I was placed in a drug treatment facility for minorsd. I was about 13 years old. I reported being sexually abused by my brother who was 4 years older then me from the time I was aroud 5 years old til I was about 13 yeaars old. A few days later they came back and informed me my parents... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 21, 2015

What do you mean by mandatory child sex abuse law? Was it against the law back then? Yes. You are about to send an attorney on a wild goose chase by asking a question that does not appear to be the right question. Hire one to find out, if you must.

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