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Iowa Criminal Law Questions & Answers
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.

1 Answer | Asked in Criminal Law for Iowa on
Q: if im 16 can i be with a 28 year old is it legal for me to be with him

im a female and the 28 year old is a male

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 12, 2015

What exactly do you mean by "be with?" Do an internet search for age of consent in Iowa, and start reading about this.

1 Answer | Asked in Criminal Law for Iowa on
Q: How to obtain your things from a former friend that won't let you? Cops will not accompany us to help.

Tried getting belongings back and the girl assaulted me in which I ended up with a simple assault charge when she told me to come get my stuff, she told cop my husband could come so he went and she started screaming telling him to leave. Called the cop he said he won't help us and there's... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 11, 2015

Get to a local attorney immediately and have the attorney write a demand letter threatening a lawsuit forreplevin, conversion, and civil theft, if those causes are available in your state.

1 Answer | Asked in Criminal Law for Iowa on
Q: I sold chalk that was shaped like hydrocodone to an undercover officer. Will the judge sentence the same as a real drug?

I represented the product as hydrocodone and was charged with distribution and failure to affix a drug tax stamp.

The County attorney claims they have never sent the pills to the lab for testing because they look close enough to the real thing.

I have been told that generally a... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 4, 2015

You need to get a criminal defense attorney for this matter. What you have been told is just talk, right?

1 Answer | Asked in Criminal Law for Iowa on
Q: If my mail was illegally opened by someone and taken to the police, can they use the contraband they found as evidence?

My mail, which I never received, was turned into the police with marijuana in it by someone who opened it.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

So, go hire a criminal defense attorney on this matter. The attorney will investigate all the facts and circumstances, and will do the necessary research of case law to be able to give you an answer. It might be grounds for dismissal. There could be an obvious chain of custody problem. There could... View More

1 Answer | Asked in Criminal Law for Iowa on
Q: Do I need a Lawyer to appeal founded alleged dependent adult abuse ( with no criminal charges ) by DHS?

I have been accused of alleged dependent adult abuse with no criminal charges by DHS. I believe the I was following company procedures and was not informed or trained properly by the company I worked for. They have told me I have been wrongly accused and this should have never happened to me. I am... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 2, 2015

You need to hire an attorney if the company you work for will not hire one for you.

1 Answer | Asked in Criminal Law for Iowa on
Q: I'm on probation for a serious misdemeanor and my probabtion is being revoked what is gonna happen?

I have been on probation for a year serving 2years probation. I have a open simple misdemeanor case which I haven't been sentenced for and I am being revoked for not meeting with my po. do I need a attorney

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 29, 2015

Yes, you need to get an attorney.

1 Answer | Asked in Criminal Law for Iowa on
Q: 13 years old having intercourse with his 8 year nephew.

When my son was 13 years old he had intercourse with his 8 year nephew. Happen in 2005 can charge with rape in 2015 in IA

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 27, 2015

All I can say is probably, without doing a bunch of research. You can probably find the statutes here on Justia.

1 Answer | Asked in Criminal Law for Iowa on
Q: My son was arrest 9/15/2011 for OWI First Plead Guilty 12/16/2011. Sentenced 7/2/2012. Does this fall Anderson law 2011

Took away deferred Judgement oct 2013 non payment of fines. Revoked probation 6/11/2015 100 Days in county Jail

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 26, 2015

law.justia.com › ... › Iowa Supreme Court Decisions › 2011

Perhaps that will help. You can find the case right here on justia.

1 Answer | Asked in Criminal Law for Iowa on
Q: I was recently charged with petty theft in Iowa. Will my record banish once I turn 18?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 25, 2015

Banish is not the right term, and probably not.

1 Answer | Asked in Criminal Law for Iowa on
Q: Im 13 in iowa could i date an 18 year old with parental consent ?

In iowa law, 13 & 18 year old.

Once 14 have consent to sex ?

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 20, 2015

Do a simple internet search on age of consent in Iowa. Here is part of the result I got from google:

In Iowa, the general age of consent to engage in sex is 16. However, females may consent to sex at age 14 so long as their partner is no more than 5 years older.

So, if that is true,...
View More

1 Answer | Asked in Criminal Law for Iowa on
Q: If a 16 year old have sex with a 19 year old can he go to jail for it
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 18, 2015

Here is part of the result of a simple internet search: In Iowa, the general age of consent to engage in sex is 16. However, females may consent to sex at age 14 so long as their partner is no more than 5 years older. So, if this is accurate, the 19 year old probably will not be prosecuted.

1 Answer | Asked in Criminal Law for Iowa on
Q: I wanna know the law about a man walking in your house and punches a pregnant woman
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 12, 2015

It is a battery for sure, and might be an aggravated battery in your state. This was a crime against the pregnant woman, report it to the police.

1 Answer | Asked in Criminal Law for Iowa on
Q: How do I find out when or if the Judge has signed the procedendo papers
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

Ask the clerk? You might want to find out what you are talking about first. I do not know what procedendo papers are at all.

1 Answer | Asked in Criminal Law for Iowa on
Q: When a person is charged with Lascivious Acts with a child, what ages is the victim considered a child?

In the state of Iowa.

Ward A. (Sam) Rouse
Ward A. (Sam) Rouse
answered on Mar 2, 2014

A child is defined in Iowa Code section 232.68 as any person under the age of 18 years.

1 Answer | Asked in Criminal Law for Iowa on
Q: I really need help earase my past. I made mistakes 10 yrs ago for theft. can someone help
Mark Thompson
Mark Thompson
answered on Feb 15, 2014

Under Iowa law, the only way to expunge an old theft conviction is if you had received a deferred judgment at the time of the original sentence. Otherwise there is nothing that can be done.

1 Answer | Asked in Criminal Law for Iowa on
Q: Can i be charged with possession of controlled substance that was found during search warrant when it was not listed on

On warrant and was not in plan view

Mark Thompson
Mark Thompson
answered on Feb 15, 2014

Yes. If police arrive with a valid warrant, and find evidence of an unexpected crime, that evidence can be used against you.

1 Answer | Asked in Criminal Law for Iowa on
Q: If one accepts a plea at a pretrial conference when does the sentence begin?
Mark Thompson
Mark Thompson
answered on Feb 15, 2014

Once the judge signs the judgment order. For misdemeanors, this often occurs on paper as long as you waived a sentencing hearing. For felonies a separate sentencing hearing is often required to be held. If you do not receive anything from your attorney or the court within a few days, make sure to... View More

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