Iowa Criminal Defense Legal Questions

I would suggest contacting a local attorney who specializes in criminal law to investigate the case and to talk to the county attorney.  It is not unheard of for a warrant to be incorrectly prepared on the wrong person.  It is also possible that the background check found a warrant on someone with a similar name.  You need to straighten this out before it does affect you.  The best way is for a local attorney to discuss the case with the county attorney and reach a resolution to either correct the warrant or reach a resolution on the case.... Read Answer

Criminal records are public records.  Unless you have a deferred judgment, or the offenses were a very limited number of offenses that allow sealing a record, you cannot seal a record.  You might be able to be pardoned by the governor, but the record will still be public, just shows pardoned on the record.... Read Answer

There would appear to be a problem with the chain of custody of the cell phone and this could prevent the cell phone from being utilized as evidence in the case.  The officer could still testify that the phone was found in the car, though. You should discuss this situation with an attorney to protect your rights and to assist your case.... Read Answer

You don't state what charge you might be arrested for.  However, police need some probable cause for an arrest.  The officers would look at all the evidence in the case and if there was probable cause, could arrest you.  However, conviction requires a higher standard- beyond a reasonable doubt.  Police may arrest you, but the county attorney could refuse to prosecute your case realizing that he may not be able to obtain a conviction.  You need to contact a local attorney to analyze the evidence and facts in the case and to protect your rights.... Read Answer

I would first check to ensure that the conviction was properly recorded in the State records.  If you thought you had a deferred judgment and the deferred was not revoked for violation of probation, it is possible that the conviction was not properly coded.  This does happen unfortunately.  I would obtain a copy of your sentencing order.  I would also review your case on iowacourts.gov to see if there was a subsequent revocation of the deferred.  If you had a deferred and it was not revoked, contact the clerk of court of the county to correct the coding. If you were in fact sentenced (as opposed to a deferred) then there is probably no way to expunge your record.  Except for certain offenses, the only way in Iowa to expunge the record is through a deferrment.  However, you may be eligible for a pardon or granting of your citizenship rights back.  To do this, you need to contact the governor's office.  You can access the paperwork online by going to the governor's website.... Read Answer

As a result of a conviction (whether a plea or verdict) for domestic abuse assault, the county attorney may ask for a protective order as part of the sentence.  The protective order may be ordered for up to 5 years in a criminal assault case (as opposed to the one year for a civil protective order).  The county attorney prosecutes the case on behalf of the state, not the victim.  Thus, while what the victim seeks is important, the county attorney may decide to protect the public from further problems and may ask for the protective order. The best approach is for the victim to talk to the county attorney and inform him/her of your wishes.... Read Answer

You need to contact a local attorney immediately to discuss your case.  It is likely that you could qualify for a court appointed attorney.  With no record, you could have a deferred judgment if you negotiate it.  If you have already been convicted, then there is no way to remove the theft charge from your record.... Read Answer

A written plea is an admission that you committed the crime.  Even if the county attorney dropped the charge, he can refile it within 3 years of the occurrence.  Even so, absence may toll the statute of limitations and keep the charge running.  As it is unlikely that the county attorney dropped the charge, and your absence likely tolled any time limitations, you can still be sentenced.  However, you need to contact a local attorney immediately to discuss your case. You may now have additional charges, and the plea offer may have been pulled.  You may or may not want to pull your written plea, so contact an attorney immediately.... Read Answer

The police need probable cause for an arrest.  If the police have probable cause (more likely to have happened than not) then they can arrest a person.  Accomplices or co-conspirators can also be arrested for the same crime. To convict, the standard is different and much high level of proof- beyond a reasonable doubt.  If two people are arrested for the same crime, but are not accomplices or co-conspirators, each should have reasonable doubt at their trials (blaming the other person).  However, with a lower level of proof- probable cause, it is possible to arrest two persons for the same charge.  Contact a local attorney to sort out these cases and prepare the defenses.... Read Answer

Even if you both dropped the charges, the State can still file charges for assault, or as in this case, disorderly conduct.  You should contact a local attorney and discuss this case. Self defense may be a defense for an assault, but may or may not be a defense for disorderly conduct.  Contact a local attorney to discuss your possible defenses.... Read Answer

A deferred judgment is not a conviction.  By federal law, only convictions, not arrests without an adjudication (such as sentencing) can be utilized in employment situations.  A deferred judgment is not an adjudication of guilt.  Thus, technically it does not need to be disclosed, and the employer would not be able to discover the deferred judgment as it is kept separately from the normal convictions and is not available to employers. However, that being said, an employer could discover the arrest, and could refuse to hire you, and you would not normally know the reasons why. If the employer stated that they did not hire you because of the arrest or deferred judgment, you would have a case violating federal law.  However, usually employers are smarter than to tell you why they refused to hire you.  Thus, I advocate being honest with future employers and tell them that you received a deferred judgment and the case was (or will be) dismissed after the period of your probation. I would not normally recommend putting it in writing, but just explain it to the future employer.  That way, you are being more honest than you need be.  However, you are entitled to not inform the employer since it is not a conviction.  The choice is yours.... Read Answer

You should contact a local attorney to discuss your case.  Depending upon the circumstances, you may be able to file a civil suit or a small claims case.  The burden of proof is different for a civil case than a criminal case, and if the facts support a civil case, you may be able to prevail in a civil case and not as is the case here, in a criminal case.  A local attorney could advise you.... Read Answer

I would contact both a local Iowa attorney and a Texas attorney to discuss this case, as both states may have an impact upon this case.  The inmate can be held for several reasons (such as immigration, etc) and I would recommend contacting a local attorney to file for a release if appropriate.... Read Answer

The Statute of Limitations for most criminal offenses is 3 years in Iowa.  However, certain actions may toll (stop) the running of time for the limitations.  Criminal offenses are investigated by the police department and prosecuted by the county attorney.  You do not have to "press charges" to initiate a criminal complaint.  I would contact the local police to determine if they can in fact prosecute or not.... Read Answer

You stated that "they" seized property.  If the property was taken under a search warrant and was listed on the search warrant, the property can be seized until the case is completed (plus usually 30 days to allow for appeal time).  However, if there is an on-going investigation, the seizure will usually last until the investigation is completed.  If you had an attorney, ask the attorney to contact the County Attorney to return your property. ... Read Answer

Since you are 17, juvenile court, not district court, would have jurisdiction in Iowa unless waived to district court.  You should apply for a court appointed attorney through the clerk of court or hire an attorney immediately, and your attorney will discuss these issues with you in detail.  As each criminal case is fact specific, you need to discuss this case with your attorney. Juvenile court has different ways to handle your case than does the district court.  If the case remains in juvenile court, you would not have the case stay on your record. If the case goes to district court, the case may or may not stay on your record.  Based upon your age and lack of an adult record, your attorney in district court may ask for a deferred judgment if the case goes that far.  A deferred judgment withholds adjudication of guilt until your probation is violated.  If probation is successfully completed, the case is dismissed. It is unlikely that you would lose your son due to a simple domestic abuse charge.  However, it could be possible due to the facts and circumstances.  Again, contact your attorney immediately to discuss this case also. Contact your attorney immediately.... Read Answer

There are 2 types of No-Contact Orders in Iowa.  One is issued as a result of a criminal act and is issued for 5 years.  The other type is for a domestic assault and is issued for one year, but is renewable.  It would appear by your question that the No-Contact Order was issued following a conviction of a criminal act and is good for 5 years.  A No-Contact Order states what contact is allowed, if any.  Sometimes, contact is allowed in the order to allow for visitation and coordination of children's activities. If not, then no contact is allowed, even through a Third Party.  If no contact is allowed, passing a letter through a third party is a violation of the No-Contact Order.  If the third party is allowed to supervise the visit, then contact can only be made to the third party to coordinate and supervise the visit.  The third party can not be used to pass messages or letters to the other party.  Violation of a No-Contact order can lead to an arrest and jail for breaking the No-Contact, and is a criminal act.  The local police department can be contacted to investigate an alleged violation of a No-Contact Order.You can also inform your attorney who can pass word to the other party's attorney that the contact should cease.... Read Answer

Trespass is defined in the Iowa Code 716.7 as a criminal act as: "The term "trespass" shall mean one or more of the following acts: a.. Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter,damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property, including the act of taking or attempting to take a deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, which is on or in the property by a person who is outside the property. This paragraph does not prohibit the unarmed pursuit of game or fur-bearing animals by a person who lawfully injured or killed the game or fur-bearing animal which comes to rest on or escapes to the property of another. b.. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property. c. Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others. d. Being upon or in property and wrongfully using, removing therefrom, altering, damaging, Trespass is both a criminal and a civil cause of action.  If you would like to pursue trespass as a criminal action, you should contact your local police department or sheriff's office.  If you would like to pursue trespass as a civil action, you need to contact a local attorney to discuss your case. harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession..."   ... Read Answer

I'm not sure what you mean either.  Minutes of Testimony is a document that indicates to the defendant who is expected to testify and what they are expected to say in that testimony in court.  You are not scheduled to take minutes of testimony.  You may be scheduled for a deposition.  This is a procedure where an attorney asks you questions under oath.  Depositions are often scheduled by the defense attorney prior to trial to determine what a witness will say on the stand. I assume "ase" means "case".  Otherwise, I'm not sure what you mean by that either.... Read Answer