Iowa Recent Legal Answers from Lawyers

It may be possible to get a deferred judgment in this case.  If you have never been convicted of a felony and not had 2 deferreds in your lifetime, you may be eligible for a deferred judgment. If so, then you will not have a sentence listed on your record, and do not have to disclose for jobs.... Read More

You do not have to be arrested to start your criminal case.  The police can issue you a citation as in your case.  If the police have probable cause to more likely than not believe that a crime has been committed and that you committed the crime, they can either arrest or cite you for the crime.  Of course the state must prove that you committed the offense beyond a reasonable doubt-- which is a much higher standard than for an arrest.... Read More

This may or may not be interference with official acts.   The State must prove all of the following elements of Interference With An Official Act:     1.  On or about the _____ day of ___________, 20___, the defendant:          a.  knew (name) was a [peace officer] [fire fighter] who was (describe official act).          b.  knew (name) was serving or executing [civil or criminal process] [an order of a court].     2.  The defendant knowingly resisted or obstructed (name) in (describe official act).     3.  The defendant [inflicted a [serious injury] [bodily injury]] [attempted to inflict serious injury] [displayed a dangerous weapon] [was armed with a firearm].   If you fit the above definition in the jury instruction, you could be found guilty of Interference with an official act.... Read More

This question is difficult to answer without reviewing any custody agreements and the facts in the case.  You state that you have primary care.  I assume that the court has awarded you primary physical care (often called custody by lay people) and that your ex has visitation rights. Primary physical care allows you to make the daily decisions concerning your daughter's life. Legal custody is probably shared by both of you.  Legal custody concerns the life decisions concerning your daughter.  Legal custody means that both of you have the say as to medical, school, and legal issues concerning your daughter.  This would mean that both of you should decide as to therapy issues. If you cannot decide on therapy though, and your daughter needs therapy, this could lead to a modification decision as you may be denying your daughter therapy that she needs.  Additionally, this could possibly be a Child in Need of Assistance issue if your daughter needs therapy. The issue would be if your daughter does or does not need therapy.  Perhaps it would be smart if she is only saying certain things at your ex's house, to send her to therapy to determine if she is saying those things at therapy too?... Read More

The issue of conviction is complicated.  A guilty plea can be considered a conviction as far as the court system is concerned.  However, it may not be a conviction as far as the public is concerned.  Normally a deferred judgment is not considered a conviction for the public because there has been no final judgment. ... Read More

Unfortunately the only method (with a few exceptions) to expunge a record in Iowa is the deferred judgment.  A deferred judgment places the defendant on probation and does not sentence him/her until either the person violates probation or dismisses the case after probation is completed.  It is not possible to get a deferred retroactively after already being convicted.... Read More

I'm not sure how it works in Iowa, but in New York and employee generally has no right to sue his/her employer for a fall at work.  The sole remedy (assuming there is no third party who might be responsible, like, for example, the person who installed the carpet or maintains the floors) is through workers' compensation.... Read More

The simple answer is, to do whatever you can to make it until the time period where you can refile another chapter 7 bankruptcy. You have no legal protection within this time period, because of your previous chapter 7 bankruptcy filing and discharge. The only other alternative you have would be to file a chapter 13 bankruptcy, which you may do within four years of receiving a chapter 7 bankruptcy discharge, rather than waiting an entire eight years to refile another chapter 7 bankruptcy. You may simply want to wait and deal with the repercussions of your creditors attempting to collect on debt until you may refile. If you're only one months in default, it usually takes creditors longer than six months to get you into court and receive a judgment, so you may have enough time to just wait and then refile another chapter 7 bankruptcy after eight years have passed from your previous chapter 7 bankruptcy discharge.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

You need to sit down with a local attorney.  Assuming that your mother has moved out, the dog could be abandoned property.  However, it seems that the house may also possibly be your mother's husband's residence since her husband comes by for a couple times per day. You need an attorney to sort out the legal situation.  However, you may have a family situation as well as a legal situation.  Exercising your legal rights could create a problem within your family.  Possibily there is a better solution than exercising your legal rights.  Perhaps if you talk to your mother and find a home for the dog, it could eliminate a family dispute.... Read More

Since child support has been established, there must have been some type of court case.  Without looking at the court orders, I cannot answer the question.  I would suggest that you take your papers to an attorney for review. Normally if custody has not been established, both parents have equal rights to the child.  This normally does mean that either parent could have the child.  However, if the child has been living with the other parent, and the noncustodial parent keeps the child, if a court case develops, the court will rule for the custodial parent if the noncustodial parent is keeping the child away without good cause.... Read More

Obviously based upon the question, denial of critical care, failure to provide proper supervision was alleged based upon the circumstances.  Without more details, I cannot answer the question. You do have the right to fight the allegation.  You can appeal the decision.  If the case is in juvenile court, you can also present evidence to fight the allegation.... Read More

Speedy trial is a right under the Iowa and U.S. constitution.  In Iowa, you have a right to a trial within 90 days after Trial Information is filed or the indictment. Assuming that you do not do anything to toll the 90 days (unavailable for trial for some reason due to your fault or arrest, etc), the charge has to be dismissed.   If you have waived speedy trial, the trial still has to be held within one year without a separate waiver. If you are asking when you want speedy trial versus waiving speedy trial, you need to discuss this issue with your attorney as there are many factors including attorney strategy.... Read More

Adults and juveniles in detention are subject to the facility rules.  Visitation and phone calls are normally handled by the facility rules. Phone calls from family could be refused.  Normally, family needs to purchase phone cards to allow the inmate to call out in accordance with the facility rules.... Read More

Federal law prevents a person convicted of domestic abuse from handling firearms.  You correctly state that the military will not normally allow a person convicted of domestic abuse to enter service due to the restriction. However, you state that your wife's charge was expunged.  I'm not sure what you mean by expunged.  Iowa law only allows certain offenses to be expunged- minor in possession of alcohol for example.  If you meant that your wife had a deferred judgment then she did not have a conviction if she completed probation successfully.  She never had a judgment and sentence and thus no conviction.  She would be eligible to handle weapons.  However, there would not be an expungement or a need for expungement.  The arrest will remain showing on the state records, and cannot be removed.  An arrest without conviction, though, should not trigger the federal law, if the case was resolved with a deferred judgment. If your wife was convicted, there is no way under current Iowa law to expunge her record if the conviction was in Iowa.  Other states may have a procedure, but I cannot state or give advice concerning that state's laws. Perhaps you should have your attorney look at your wife's record and clarify her record.... Read More

Unfortunately, I cannot answer this question.  It depends.  It depends upon the age of the children.  Brother and sisters should normally not sleep in the same room once they are old enough (no real age, but I would say around 5 or so).  If there are sufficient sleeping facilities, they also should not sleep with adults.  This is all dependant upon ages, income of parents, size and layout of the home and other factors.  The best interests of the children are the determining factors.... Read More

Unfortunately I cannot answer questions on sentences online.  There are too many factors to consider (including the specifics of the case and the local personalities of the judge and county attorney).  Your best bet is to talk to your attorney.  If you do not have an attorney, you should immediately either ask for a court appointed attorney or hire one.  This attorney could give you an idea of the range of sentences.... Read More