Iowa Recent Legal Answers from Lawyers

Expungement in Iowa is usually through a deferred judgment process.  If you were convicted, and not received a deferred judgment, you cannot normally expunge your criminal record.  However, there are a few crimes that do allow expungement.  Identity Theft is not one of those crimes.  Contact an attorney to verify if your record could be expunged.  ... Read More

Statute of limitations are case dependent and vary with the facts in the case.  Your best bet is to contact an attorney to discuss the particular facts in the case.  It could depend upon whom the "children" are in the pictures, whether pictures were downloaded or the site visited.  Generally statute of limitations in state cases are 3 years from the crime.  However, if pictures are on the computer, the crime could be ongoing.  Again, statute of limitations vary per the facts and certain actions toll the statute allowing prosecution after 3 years. It is more likely that the laptop could be utilized in the divorce for a custody fight.  Blackmail is illegal and can be prosecuted.  However, it is more likely that the wife's attorney may use the computer as evidence.  ... Read More

You are still a minor and under your parents' supervision.  You could not legally contract for a car or put it in your name without your parents' permission.  There is probably a reason that your mother took the car away.  I would talk to your mother and work out the problems.    ... Read More

Depends upon how the bank accounts were set up.  If the aunt set the accounts up as joint, you may be able to withdraw the cash and set up your own accounts.  If the aunt set the accounts up as a conservatorship, you may not be able to do so.   I would contact the bank and determine what you could possibly do. Then I would contact a local attorney to see what legally could be done.... Read More

Unfortunately the statute of limitations is probably exceeded as to suing the police department, appealing the case, or most other actions.  However, you might sit down with a local attorney and go over the facts of the case to determine if there is something that tolled the statute of limitations allowing a lawsuit.... Read More

Unfortunately no one can answer this question online.  Your fiance needs to contact a local attorney and seek this advice.  There are too many factors that go into whether a probation revocation will result in going to prison.  However, if he has already been to the halfway house and had treatment, the odds are increased that he would go to prison.  However, he could be found in contempt and serve a jail sentence and return to probation.  ... Read More

I often hear this question.  The answer is that there is no age when a child can decide which parent to live with.  The court can change physical care (often called custody) only when there are substantial changes in factors bearing on the case which was not anticipated at the time of the court order.  Age is not a substantial change which was not anticipated at the time of the court order.  However, other changes may occur that combined with the age may allow the court to reconsider physical care.  If so, the court may listen to the choice of the child.... Read More

It is impossible to give you an answer online as to the likely outcome of a criminal case.  Your best bet would be to contact a local criminal defense attorney who could give you the answer.  Without knowing the judge; the district; Age; Prior record including probation/parole status and performance under probation or parole; Prior Deferments (maximum of 2 per lifetime); Employment circumstances including financial circumstances, job requirements; Family circumstances; Nature and circumstances of the offense; Other factors such as Mental health history, Drug/alcohol abuse history, health problems, transportation problems, education, defendant characteristics, and remorse; and Whether the offense which was pleaded to was a lesser included offense, it would be impossible to give an answer. The judge has discretion within the maximum and minimums for the offense.  The judge also does not have to honor the plea deal between you and the county attorney.  You can review the possible sentences at: https://spd.iowa.gov/defense-resources/sentencing-summary-chart  ... Read More

You first asked if you could sue your attorney.  The answer is always yes you can, but the real question is whether you can win the lawsuit.  To sue an attorney, I would suggest finding an attorney that handles lawsuits against other attorneys and have him/her review your case.   There are too many unknown facts in this case to give an answer in an email.  You should sit down with an attorney to discuss these facts.  By not reaffirming a loan, the bank could foreclose on the loan.  You mention that you kept the building and business from the bankruptcy, this could be bankruptcy fraud if you did not list all your assets and liabilities.  You need to discuss this issue with an attorney immediately.... Read More

A defendant normally has 30 days to file a Notice of Appeal following conviction in a criminal case.  Failure to file before the 30 days has passed prevents an appeal. A defendant starts the appeal by filing a Notice of Appeal in the District Court where the conviction took place.  While the defendant does not necessarily need an attorney, appeals are very complicated and the defendant would normally best be served by hiring an attorney or having an attorney appointed to handle the appeal.... Read More

Once parental rights are terminated in Iowa, the process is permanent after the appeal period (which is an expedited appeal).  The children are available for adoption, and once adopted, the birth certificate is changed to show the change in parents.   The courts have no jurisdiction to review a case after 7 years, even if the evidence and documents were false and misleading.  The termination is permanent.  The parent has no right to contact the children afterwards.  If your wife knows the adoptive parents, though, she could have contact with their approval.  Records are sealed, so you would not be able to find out the parents unless you already know.... Read More

A subpoena means you have to appear.  If you don't, you will likely be held in contempt of court and can be arrested or put in jail for contempt.  I recommend you sit down with your employer immediately and show them the subpoena.  It is likely in your best interest to have the school find a replacement for the trip and for you to appear in court pursuant to the subpoena.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

If you are an hourly employee, then every state law requires that you be paid for each hour you are actually working.  An employer cannot force you to work "off the clock" without violating the law if the employer fails to pay you the proper hourly rate for the actual time you worked.  An employer sometimes asks employees to work off the clock to avoid paying overtime.  This is also a violation since it deprives you of earning overtime pay.  You should speak to an attorney to investigate this further.... Read More

Almost every day we get a request for evaluation of a claim. We cannot respond to such a request, as there are simply too many elements to be considered. These include percentage of fault, age and health and background of the claimant, the nature of the injury, the treatment, the diagnosis, the prognosis, the cost of the treatment, and the outcome. Also to be taken into account in some cases are the amount and type of insurance coverage and the name of the insurance company. Most attorneys offer a free conference. We suggest that you talk to a few lawyers. Also, you should know that an independent study showed that claimants did better, even after fees, with a lawyer than without.... Read More

Once the children are removed after a removal hearing, the children are returned only when the State/ court are satisfied that the danger to the children has been removed.  If the danger is removed, the children may be returned after the assurance that the danger will not return.  If the danger has not been removed, the children may not be returned at all, but the case could lead to termination of parental rights.... Read More

There is no requirement to be sentenced within 90 days of your arrest. You need to have trial information within 45 days of your arrest, and then trial within 90 days of the trial information if you do not waive speedy trial.  As this is a felony, sentencing will probably be 30-45 days after trial or pleading due to the requirement for a Presentence Investigation.  There is also a requirement for the trial to occur within 1 year unless you waive trial within 1 year of the trial information... Read More