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Iowa Questions & Answers
1 Answer | Asked in Criminal Law for Iowa on
Q: I was given 2 court dates when jailed for contempt. The judge & then upon release a sailor. Which is correct????

I called clerks office, she said 1st date correct. I have been unjustly handled by this judge, just don't want to be set up.

Gary Kollin
Gary Kollin answered on Apr 8, 2019

How woukd Ny attorney on the internet know?

If wrong, at least you can show up for the second.

1 Answer | Asked in Patents (Intellectual Property) for Iowa on
Q: I need parts for a shower faucet. It has no markings indicating the brand but it does have a patent number 3519018.

How do I find out who made it?

Peter D. Mlynek
Peter D. Mlynek answered on Apr 6, 2019

As a person who does his own plumbing, the lack of part numbers drives me nuts too. And parts from one manufacturer are not compatible with those of other manufacturers. I feel your pain.

Your question is a tough one. The good news is that the patent was issued in 1970, so your shower...
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1 Answer | Asked in Immigration Law for Iowa on
Q: Can my child (minor) on H4 travel to India and back to US with her aunt?

I am on H1B in the US. My wife came to the US on H4 and recently changed status to H1B. We are seeking advice if there is any risk in having our minor daughter on H4 (visa stamped till Nov 2019) travel outside the country and back with her aunt (my sister who is a green card holder) in June for a... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Apr 1, 2019

There should be no issue, as long as the child has a valid and unexpired H4 visa. You should show that your daughter has your permission to travel with her aunt.

2 Answers | Asked in Workers' Compensation for Iowa on
Q: My husband was injured at work and is on workers cop. He has not been able to drive. Who should have to pay for a taxi?

I have been driving him everywhere but have to be out of town all weekend for work.

Stephen Douglas Lombardi
Stephen Douglas Lombardi answered on Mar 26, 2019

The employer and its workers' compensation insurer are responsible for transportation costs for medical appointments. They are not otherwise required to provide transportation.

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3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Trademark for Iowa on
Q: Who owner the ampersand mark? Please refer to all information in registered trademark 86905207, from the USPTO website.

I asked for the ownership of this mark from its creation. Please validate.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 21, 2019

I don't understand the question.

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1 Answer | Asked in Criminal Law for Iowa on
Q: I was ordered to report to supervised probation. probation is not going to fly with me, how do i get around not doing it

Probation I'm not doing it. What happeneds if i dnt report to them for the first time??

Katherine Sears
Katherine Sears answered on Mar 7, 2019

You *are* "doing it," or you're getting arrested and going to jail for contempt/probation violation, and you're probably going to have whatever suspended sentence you got for the underlying offense imposed on top of that.

1 Answer | Asked in Criminal Law for Iowa on
Q: My sons girlfriend just got parolled to her grandmothers house ,but she is at my sons 99% of the time.

She says she has permission. I dont trust her! What do you think

Im scared

Gary Kollin
Gary Kollin answered on Feb 12, 2019

How would any attorney on the internet know?

Ask her for her officer so you can verify

1 Answer | Asked in Copyright for Iowa on
Q: We have an illustration paired with the words, "In loving memory" copyrighted are we still vulnerable for a lawsuit?

We had this package copyrighted before 2010. It was a disk containing some works with phrases paired to them. Everything on the disk was copyrighted. The phrase, "In loving memory", was trademaked recently and they are trying to sue us for selling our copyrighted works.

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 6, 2019

To do a proper assessment we would need to look at what is being sold, in what format, etc.

A trademark protects the use of words for specific products or services. The key test is whether a person would be confused and think the product you are selling comes from the affected party....
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2 Answers | Asked in Civil Litigation for Iowa on
Q: Do we have a right to travel on road ways . Hasn't the supreme Court ruled on this is a number of cases??

Since my travel are not commercial related and it's for me to pursue life liberty and right to happiness I don't need a Iowa DOT license ?

Erik Luthens
Erik Luthens answered on Jan 29, 2019

Yes.

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1 Answer | Asked in Criminal Law for Iowa on
Q: In the state of Iowa are there any time constraints as to how far back they can go to a prior charge for enhancement?

Specifically if a person had a theft 5th degree twice before in 2003. Then in 2018 another 5th degree theft and they enhanced it to theft 3rd due to the 2003 charges? Are there any time limitations as to how far back they can go to use previous charges to enhance a new one?

Katherine Sears
Katherine Sears answered on Jan 18, 2019

Enhancing a theft charge based on prior theft charges is a new one to me. The Iowa Code section that talks about degrees of theft is here: https://www.legis.iowa.gov/docs/code/714.2.pdf and I don't see any reference to enhancement.

Do you have a code section they've brought up or are you...
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1 Answer | Asked in Criminal Law for Iowa on
Q: pre trial conference for a simple misdemeanor, was wondering if i apply for an attorney do i get one right away

Or would i get another court date

Katherine Sears
Katherine Sears answered on Jan 17, 2019

Usually, if you're applying for an attorney at state expense, that's something you do at your initial appearance. If you have a PTC coming up and need to apply for counsel and have somehow not yet gotten that opportunity, call the clerk of court for whatever county this is in and ask how you can... Read more »

1 Answer | Asked in Criminal Law for Iowa on
Q: Online it says sentence date null..my friend was charged with possession..2nd offense..what does that mean
Katherine Sears
Katherine Sears answered on Jan 17, 2019

It means that your friend hasn't been sentenced yet.

1 Answer | Asked in Criminal Law for Iowa on
Q: Is there an Iowa application for early release from prison for performing hymlech on another inmate
Katherine Sears
Katherine Sears answered on Jan 17, 2019

If you're asking whether there's an application form you can fill out to get out of prison early on the basis that you helped another prisoner, no, there isn't. You might ask whether your attorney whether this is a good-character sorta thing that you could mention if you have a parole hearing or... Read more »

1 Answer | Asked in Criminal Law for Iowa on
Q: Can you tell me if im looking at jail time for fradulent practice in the 1st degree.

This is for fraud of iowa unemployment insurance for the amount of $14,695.85

Katherine Sears
Katherine Sears answered on Jan 17, 2019

Fraudulent Practice, 1st Degree, is a Class C felony. Iowa Code 714.9.

A Class C felony conviction gets you up to ten years in prison, plus a fine of $1000-$10000. Iowa Code 902.9.

Be aware that there are also surcharges on those fines and other collateral consequences...
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1 Answer | Asked in Car Accidents and Traffic Tickets for Iowa on
Q: We have a neighbor who parks his semi on the side of a gravel road. Is there anything to make him stop?

It is difficult to get other machinery down the road and unsafe for general traffic.

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

If it obstructs traffic on a public road yes.

1 Answer | Asked in Criminal Law for Iowa on
Q: I am getting charged with sexual abuse 3rd degree what will happen to me
Katherine Sears
Katherine Sears answered on Dec 26, 2018

Iowa Code 709.4 defines sexual abuse 3rd here: https://www.legis.iowa.gov/docs/code/709.4.pdf

Once you’re arrested or served with a summons to appear, your first court appearance is usually the initial appearance. Your initial appearance will happen within 24 hours of arrest if you’re...
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1 Answer | Asked in Personal Injury and Products Liability for Iowa on
Q: After wearing my brand new,name brand, snow boots shoveling for 2hrs. I noticed there were lumps on my Achilles tendons.

2 years later having to have surgery from the plastic or metal piece holding the shaft up, rubbed my Achilles tendons to shred. Never wore boots again. Can I sue boot company for this happening to me.

Tim Akpinar
Tim Akpinar answered on Dec 21, 2018

You could consult with an attorney in Iowa who could examine further details about the boots and whether they were defectively designed or manufactured. Anyone can sue, but with additional information, an attorney might be able to advise you more meaningfully as to the merits of pursuing such a... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Iowa on
Q: Can the police keep my id after taking it from my parents house?

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.

Katherine Sears
Katherine Sears 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 police without...
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1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?
Erik Luthens
Erik Luthens answered on Dec 9, 2018

If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.

1 Answer | Asked in Business Law for Iowa on
Q: Is there any cases where I can find details about damage claims in a contract

for example: Courts also look at the price of the contract in determining whether certain damages for breach of that contract are proper. A lack of proportion between the two numbers is an indication that the requested damages are improper. In other words, if a party is only be paid a small amount... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 22, 2018

There are, but “damages” is a broad subject, where there are different types of damages, such as compensatory, punitive, consequential, among others. If this is for general knowledge or research, you can find a great deal of information on the subject of damages. If this is for an actual... Read more »

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