On Wednesday, August 6, 2020, Iowa Governor Kim Reynolds signed Executive Order 7, restoring the voting rights of thousands of Iowans who have completed their felony sentences. As per the Governor’s official website, “Iowa’s Constitution currently states that anyone convicted of a felony permanently loses the right to vote or hold public office unless the …
Criminal Fines, Fees and Surcharge Updates as of June 25, 2020
Over the past 10+ years, legal fines have stayed fairly consistent when it came to criminal and juvenile justice systems. On June 25, 2020, Governor Kim Reynolds signed into law Senate File 457 (SF457) which alters criminal fines and fees, modifies some funds and revenue allocations, and includes sections related to restitution ordered in criminal cases. The …
University of Iowa Student Government Lobbying Helps Pass New Immunity Bill
University of Iowa Student Government had been advocating for a medical amnesty bill at Capitol Hill for several years and their efforts for limited immunity finally have paid off. On Thursday, June 25, 2020, Governor Kim Reynolds signed a medical amnesty bill into law that potentially could save many lives, some right here in Iowa City. …
How OWI Programs Have Been Modified due to COVID-19
In light of the COVID-19 public health emergency, which has caused an indefinite suspension of all 48-hour OWI programs, and pursuant to an agreement between the Johnson County Attorney, the Department of Correctional Services, and the Johnson County District Associate Court, for OWI cases in which a deferred judgment order was granted and in which the …
Can I Be Arrested Without Physical Evidence of Guilt?
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 …