Unfortunately, the answer is yes, you can be arrested without physical evidence of guilt. However, the police must have probable cause before they can legally arrest you. Definition of Probable Cause The 4th Amendment requires probable cause before officers can receive a warrant, conduct a search of private property, or make an arrest. Though there is no …
Understanding Iowa PAULA Laws
Possession of Alcohol Under the Legal Age (PAULA) is a simple misdemeanor in the state of Iowa. Here is what you need to know about Iowa PAULA laws. Who Can Be Charged with PAULA Anyone under the age of 21 who is found to be in possession of alcohol can be charged with possession of alcohol under …
OWI vs DUI: Iowa’s Drunk Driving Laws
Many people assume that when you are arrested for drunk driving you always receive a DUI, or Driving Under the Influence. However, that is not the case in every state. In fact, when you’re arrested for drunk driving in Iowa, you’ll be charged with an OWI (Operating While Intoxicated), not DUI. Though both charges are very …
Understanding the Difference: Criminal Law vs. Civil Law
If you find yourself involved in a lawsuit, the first thing you need to do is figure out whether it is a criminal case or a civil case. Understanding the difference between criminal law vs. civil law is essential to choosing the best defense for your case. Who’s Involved in Criminal Law vs. Civil Law Cases The …
Controlled Substance Schedules in Iowa
In Iowa, you can be arrested, tried and convicted for possession of an illegal substance, whether you have the intent to sell or not. You can be convicted of felony distribution or intent to distribute even if you don’t sell, but simply give or intend to give the drugs to another person. The illegal substances are …
How Illinois Marijuana Legalization will Affect Iowans
Illinois Governor J.B. Pritzker recently signed a new bill legalizing the sale and possession of marijuana starting January 1, 2020. Here is how the sale of legal marijuana in Illinois may affect Iowans. Purchasing & Possessing Marijuana in Illinois With the new legalization law, non-residents, including Iowans, will be able to purchase and use marijuana …
New Iowa Expungement Law
New Iowa Expungement law goes into effect July 1, 2019; as part of Senate File 589. https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=SF589 Division I- Expungements: Section 1 allows persons who have been convicted of public intoxication, simulated public intoxication or public consumption under either the state law or a local ordinance, to have the conviction expunged two years after conviction …
Your Right to an Independent Chemical Test
According to Iowa law, when you are arrested for an OWI, you have the right to an independent chemical test. This test would be in addition to any breath or urine tests administered by the arresting officer, and would come at your own expense. However, there is no independent chemical test right unless and until you …
New Iowa Temporary Restricted License Law
Last year a new Iowa temporary restricted license law went into effect, drastically changing how temporary restricted licenses (TRL) work in Iowa. No Periods of Ineligibility Under the new Iowa temporary restricted license law, there are no periods of ineligibility. This means that almost everyone is eligible for a TRL immediately, regardless of age, test consent …
Expungeable Offenses in Iowa
If you have been convicted of public intoxication or PAULA (Possession of Alcohol Under the Legal Age) you can get these charges expunged from your record in the state of Iowa. Requirements for Expungement To get your public intoxication or PAULA charge expunged, you must go 2 years (from the date of your conviction) without any law …
Assault Charges in Iowa
Assault charges in Iowa can be confusing if you’re unfamiliar with the law. In Iowa, there are a number of different assault charges that can be brought against you, including but not limited to: Simple assault Assault causing injury Domestic assault Willful injury Assault as a Misdemeanor The degree of assault depends on the severity of the …
3 Things About Assault Charges You Probably Didn’t Know
There are many misconceptions about what constitutes assault. The greatest of these is the importance of intent. However there are many aspects of assault that can be confusing or misinterpreted. Here are three things about assault charges you probably didn’t know. Intent A person commits an assault when, without justification, the person does any of …