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 …
What is Accessory?
You don’t always have to be the one who commits a crime to be charged with a criminal offense. Just assisting someone who you know will commit or who has already committed a crime is grounds for arrest and imprisonment. An accessory is someone who assists or encourages or facilitates a crime, or knowingly helps …
License Revocation
Iowa no longer revokes drivers’ licenses for most drug possession convictions. However, what few realize is if you have had your driver’s license revoked for a drug-related conviction, and it is still revoked as a result, you probably can have it reinstated, because the law is retroactive. Iowa House File 2502, signed into law …
What to Expect at Your Arraignment
If you are arrested and formal charges are filed, the first court appearance you make is at your arraignment (and/or case management conference). This is the time you will enter your plea to the charge(s) against you, declaring if you plead guilty or not guilty. Typically you will be advised of the charges in writing …
What is Implied Consent?
As a condition of your ability to drive in the state of Iowa, the law implies that you agree to consent to the withdrawal of a specimen of your breath, urine, and sometimes blood to determine the level of alcohol or other substances in your system, if certain predicate circumstances exist, i.e. there are reasonable …
3 Reasons You Never Should Represent Yourself in a Criminal Case
The idea of representing yourself in a criminal case can be tempting. You may thinking you’ll be able to save money or that you’re innocent and have nothing to hide, so why would you need a lawyer? There are many reasons why you should always ask for a criminal defense lawyer if you are being …
What You Need to Know About Coerced Confessions
A coerced confession is one that is not given voluntarily. This can be a result of physical intimidation, threats, or unlawful promises of better treatment. Iowa Coerced Confession Law In Iowa, the police are strictly prohibited from threatening worse treatment or promising better treatment to obtain your confession or get you to talk. Iowa Courts have …
How Quickly Can I Drive Again After an OWI in Iowa?
How quickly you can drive again after an OWI in Iowa depends on a variety of factors, including: your number of previous offenses or revocations your age at the time of the offense consent or refusal to take the breathalyzer test First Offense After your first OWI offense, with some exceptions, typically you will lose your …
BREAKING UPDATE: Temporary Restricted License
As of July 1, 2018, a new law, House File 2338, goes into effect, and it radically changes the temporary restricted license (TRL) rules. There will be no periods of ineligibility, regardless of age, test consent or refusal, or how high or low the test result is. Almost everyone will be eligible for a TRL immediately. The new law will …
U.S. Supreme Court Strikes Down Statute as Void For Vagueness
In Sessions v. Dimaya, the U.S. Supreme Court has struck down an aspect of an immigration statute as being unconstitutionally void for vagueness. Due process requires a statute to be clear and understandable, without the requirement of speculation and guesswork. Such principles are important regardless of context, be it immigration or criminal law. In this case, …
What You Need to Know About Your Miranda Rights
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights …
Was the Proposed Iowa Supermajority Bill Unconstitutional?
Proposed but failed legislation would have required the Iowa Supreme Court have a supermajority to rule an Iowa statute unconstitutional. This legislation would have required five of the seven Iowa Supreme Court justices to agree. Interestingly enough, the proposed bill may have been unconstitutional. It is likely that an amendment to the Iowa constitution would have to be made …