Iowa Recent Legal Answers from Lawyers

A gift is not income for federal income tax purposes.  It's possible that it would be income for purposes of Iowa state income tax, but I doubt it.  I'm not aware of any taxes that the RECIPIENT of a gift has to pay, although, again, it is possible that Iowa has such a statute.  Currently DONORS are allowed to give $14,000 per year to any one party without it being subject to FEDERAL estate and gift tax (depending on where the donor resides, the gift could be subject to state tax, which are generally much smaller amounts.)  Most gifts are not subject to federal tax even if they are over $14,000, however.  First of all, gifts to spouses are not taxable.  It gets complicated, but basically gifts to someone other than a spouse would have to exceed $500,000, cumulatively, to be taxable (although that doesn't obviate the need for the donor to file a gift tax return for smaller gifts over $14,000.)  If you are contemplating that large a gift, you should consult an accountant and/or tax attorney.... Read More

You may be able to get a deferred judgment for any crime that is not a forcible felony (basically murder, sexual abuse, kidnapping, robbery, arson, or burglary).  However the law does have some restrictions.  You are only entitled to 2 in your lifetime.  You cannot get a deferred if you have been convicted of a felony.  Certain offenses are also not entitled to a deferred- such as 2nd or subsequent OWI. A deferred judgment is not a conviction. Judgment is put off until after your probation is completed.  If you complete probation successfully, then the case is dismissed.  If not, then you are returned for sentencing.... Read More

You can be charged with possession of a controlled substance and/or possession of paraphernalia if you know the substance or paraphernalia is present, and you know that the substance is a controlled substance.  You would have to have it in your "possession."  Possession can be constructive possession where it is in your presence.  So if you were driving or riding in his car and knew that illegal drugs were present and knew what the drugs were, you could be charged.  If the drugs were hidden and you did not know the drugs were there, you should not face a conviction, but the officer may still arrest you. Just because you own the car does not mean that you would be convicted of a crime.  The State would have to prove possession and that you knew the controlled substance was present and that it was a controlled substance.  However, that being said, the state may be entitled to a presumption that since the car was yours, if you knew the substances were present, that you might be presumed to have possession. You might have to prove that you did not know. As the cosigner on the loan, you should be entitled to information concerning the loan, as it would affect your credit if he was late.... Read More

After a deferred judgment, the case is to be expunged if the defendant successfully completes probation.  However, the methods vary per county and judge, so it is hard to tell in an Internet answer.  Some counties and judges do the order at the time of granting the deferred.  Others wait to do the order after probation is completed.  If the judge waits until after the probation is completed, someone has to bring him the order.  Sometimes the county attorney will do the order, sometimes the defense attorney.  I would suggest contacting a local attorney to look into the situation for you.... Read More

To get a family law attorney when a person has limited income is difficult.  Legal Aid is one organization that might assist you.  Also the law schools have clinics with student attorneys that might assist you.  Otherwise you have to find an attorney that would be willing to work with you on fees.... Read More

There is no basis upon which someone can immigrate based upon a child who is a US citizen unless that child is 21 years of age. The law allowing babies and children who were born in the US to apply for their parents was abolished in 1976. Your son's grandma can make a visa application explaining the reasons for which she wishes to come to the States and explaining why the visit will be temporary only.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Thank you for your question.  If your husband was actually deported, and not allowed to voluntarily depart the U.S., and the only reason for his deportation was that he overstayed, he will have to wait 10 years from his departure to reapply at the embassy.  Now that you are married, you can start the process by filing the I-130 with USCIS and then wait until the ten years have elapsed before applying at the embassy.   You should contact an experienced immigration attorney to review the facts of your case to make sure that no other obstacles lie ahead. Good luck!... Read More

Under Iowa law if you are terminated as retaliation for pursuing worker's compensation benefits you can pursue damages based on that termination. You would have to show that your termination was based on your pursuit or request of benefits under the work comp laws. This would be pursued outside and in addition to the worker's compensation claim. The worker's compensation injury would entitle you to have your medical expenses paid, paid for your time off work, and payment if you have a permanent injury.... Read More

Your options may differ depending on the state and local laws. At some point abandoned property also called unclaimed property can be disposed of. Chapter 556 of the Iowa Code may govern. You may have to report it to the Iowa State Treasurer. Because you have not identified the location of the property (State/City/County) it is not possible to state with any certainty what your rights are but I would suggest you begin with the Iowa Secretary of State's office.... Read More

Yes, you have a good lawsuit if you can convince a jury of the facts you stated. You and your friend would be witnesses to the assault and battery. You would probably want to sue the cops individually and the police department. Find a good personal injury lawyer who knows how to sue cops and police departments. Let me know if you need a referral in your town.... Read More

Your "injuries" do not warrant a settlement of any significant offer. If you get anything you should feel grateful. Since, you elected to take it to small claim, the judge could rule you get nothing since your injuries did not require any medical treatment. Once there is a ruling, you cannot file another claim. You should have taken the offer.... Read More

It sounds like you are entitled to sue under Louisiana's Slip and Fall statute, and you can sue those damages related to the incident. However, it must be noted that punitive damages are very rarely available in Louisiana. Whether or not you will prevail in the case depends on whether the condition was unreasonably dangerous and whether the merchant had notice of the condition, among other things.... Read More

I don't understand your question. What do you mean by "to write off $1000 in files"? As for having to pay $500 to get a copy of your file, it may or may not be reasonable. Are you saying the case was handled over 15 years ago? If so why not just obtain a copy of the Decree from the Clerk of Court? Try that.... Read More

I'm not sure what you are asking.  There is no reason you have to wait until you are charged before speaking with an attorney, unless you are saying that you can't afford an attorney and intend to have one appointed to you by the Court when you are charged.  In that case, you should contact  your local legal aid society to see if they will help you before you are actually charged.... Read More