When an individual is arrested for OWI in the state of Iowa, there are processes you need to be aware of, and different variables that could affect the outcome. If this is your first-offense, the following information may give you some idea of your next steps: Under Iowa law, you are not legally obligated to …
Iowa Supreme Court Changes the Way Criminals are Charged
The Iowa Supreme Court recently changed its interpretation of the speedy indictment laws, which will affect the rights of those accused or arrested for crimes. This comes just seven years after the prior precedent originally was set. The ruling states that for purposes of the speedy indictment rules, a defendant is arrested officially when they are …
The United States vs. Muhammad Ali
On June 28, 1971, the United States Supreme Court reversed Muhammad Ali’s federal criminal conviction for refusing to enter the military. Most Americans are aware that world heavyweight boxing champion Muhammad Ali refused to enter the U.S. Armed Forces and that his conviction for refusing to do so eventually was overturned. However, what is less known …
New Law In Iowa Gives Expansive Rights to Gun Owners
A sweeping new gun law was signed into effect last month for Iowa, after passing in both the Republican controlled Senate and House. The law caused quite a bit of controversy while still a bill. Much of this was due to its inclusion of specific “stand your ground” language regarding justifiable use of reasonable and deadly …
New Iowa Laws Tougher on Texting While Driving and Driving Impaired
On Monday, April 17, Governor Branstad signed bills into law banning texting while driving and allowing for tougher action against driving while impaired. Previously, texting while driving was considered a secondary offense in Iowa, which meant police could not stop someone unless they believed another violation had occurred. Under the new law, police will be …
Supreme Court Rules in Favor of Client Arrested for Incorrectly Answering Illegal Question
In response to Gazette article: Iowa Supreme Court: Lying about felony record on gun form no crime I represented Mr. Downey at the district court level, and made several arguments on his behalf, one of which the Iowa Supreme Court addressed and found in my client’s favor, which was dispositive of the appeal, so they didn’t …
US Supreme Court Rules in Favor of Texas Man on Death Row
The US Supreme Court ruled in favor of Texas death row inmate Duane Buck, whose own lawyer brought forth evidence that he was more likely to be a danger in the future because he is black. Texas law states that a person must present future danger to be given the death sentence. Buck’s lawyer retained the testimony …
You Have the Right to Record the Police
North Carolina criminal defense attorney, Jesse Bright, was pulled over on February 26th while driving for Uber to make some extra money. Bright began recording the exchange as soon as the police officer walked up to his window. The officer, Sgt. Kenneth Becker, claimed that Bright was not allowed to record him. When Bright argued …
Controversy Sparks Over Police Departments with Personal DNA Databases
Police departments across the country are causing controversy by creating their own local DNA databases. The police departments state that having personal databases helps them solve crimes faster and prevent future crimes. Those opposed to these local DNA databases believe that it is just a way around the regulations that govern state and national databases. …
Iowa Supreme Court Rules On Search and Seizure Traffic Stop
The Iowa Supreme Court recently overturned the conviction of Jayel Coleman, who was arrested after he was discovered driving while barred. Coleman was driving his sister’s car when Eldridge police officer James Morris pulled him over. Morris had been checking license plates for stolen vehicles when he came across the car Coleman was driving. The …
Changes Are Here For Eyewitness Identification Procedures
Changes are here for Justice Department eyewitness identification procedures. Obtaining accurate and reliable information from eyewitnesses plays a key role in our criminal justice system. Eyewitness identifications are especially important as they are oftentimes central pieces of evidence in a criminal investigation. A standard eyewitness identification method is the “photo array” – when several photos …
Iowa Disability Rights Can’t Stand Trial
On March 16, 2016, a tragedy occurred in Council Bluffs, IA. That morning, Council Bluffs police officers found Jackie Dieckmann and Illa Pfeiffer dead in their home. Michael Dieckmann – who has severe schizophrenia – murdered them. Michael is Jackie’s son and Illa’s grandson, and has a long history of violence due to his mental illness. …