Iowa Criminal Defense Legal Questions

You need to contact the lawyer who represented you. A bench warrant has been issued......if you show up in court tomorrow, the judge could put you in jail with an additional charge stemming from the failure to appear. You want your lawyer to pave the way for your surrender. Every courthouse is different, as is every DA and judge. It is also important to know the facts of the underlying case. Did you get a sweetheart deal that the DA may want to revoke? What is your record? Prior BW?... 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

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

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

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

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

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

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

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

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

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 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