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 …
Bill Proposes all OWI Offenders Install Ignition Interlocks
Legislators in the Iowa House recently introduced a bill that would require anyone arrested for drunken driving to install an ignition interlock device in their vehicle. Iowa’s law currently states that first-time offenders, who were not involved in an accident and whose blood-alcohol level was between .08 and .10 at the time of the arrest, …
Illegal or Not? CBD Oil Seized by Police
Police in Carroll and Muscatine recently went into five stores and seized CBD-oil products, claiming they contain illegal marijuana. This has stirred debate and concerns around the entire state of Iowa, for business owners and their customer base. The main cause for concern is two-fold; business owners were under the impression they were selling products …
Iowa Felony Convictions Nearly Tripled Since 1980
Iowa and many states across the country have experienced a dramatic increase in felony convictions in the past few decades. A study in 2010 showed that felony convictions in Iowa had almost tripled since 1980, going from 2.05% to 5.72% in just three decades. This steady increase in felony convictions has caused many states to …
Mistrial Declared for Cliven Bundy
A mistrial was declared by a federal judge for Cliven Bundy, his two sons Ammon and Ryan and militiaman Ryan Payne in their criminal conspiracy case. The men were accused of conspiring to commit a crime against officers of the Bureau of Land Management in 2014. Judge Gloria Navarro declared the mistrial after it was …