Iowa Court of Appeals discusses requirements for stipulation to prior offense for sentencing enhancements.
Iowa Court of Appeals decides that willful injury should merge with an assault with intent crime.
OWI Pled Down to Public Intoxication
Client’s driver’s license saved and OWI (Operating While Intoxicated) plead down to simple misdemeanor public intoxication for a fine only!
At hearing with the IDOT, successfully argued that the officer violated my client’s 804.20 rights, which got the driver’s license revocation rescinded.
Next, after filing a motion to suppress in the Operating While Under the Influence criminal case, the judge agreed that my client’s 804.20 rights were violated and suppressed the implied consent breath test refusal. The State agreed to a win-win proposal to amend the charge to simple misdemeanor public intoxication for a minimum $105 fine only.
The Iowa Supreme Court has held that there is no state or federal constitutional right to carry weapons/arms while committing an indictable offense/crime, particularly if that gun possession helps facilitate the offense in some way. Hence, if one is in possession of drugs, one gives up the right to carry weapons, and therefore can be prosecuted for illegal gun possession under Iowa Code section 724.8B.
The Iowa Supreme Court has held that the State is civilly immune and there can be no claim for damages when a Defendant is kept in prison longer than his sentence allowed.
The Iowa Supreme Court has held that expressly agreeing to give up gun rights when agreeing to a civil no contact protective order constitutes a waiver of one’s 2nd amendment right and the Iowa Constitution Article 1 section 1A right to bear arms/guns, and therefore, such a Defendant cannot attack a conviction for possessing guns while prohibited, even if there was no finding of domestic assault.
The Iowa Supreme Court has held that given a recent statutory enactment by the Iowa legislature, trash left out for trash pick-up is now deemed abandoned property with no expectation of privacy, and therefore, the police can do trash rips/pulls to search for evidence without offending the Iowa Constitution.
What happens when a prosecutor commits misconduct? The Iowa Supreme Court has held that monetary sanctions against the prosecutor is not the proper remedy. The Rules of Civil Procedure, which do allow monetary sanctions, do not generally apply to criminal cases. Only the Rules of Criminal Procedure apply. Hence, the Court reversed a monetary sanction against a prosecutor for filing a frivolous motion.
The Iowa Court of Appeals has held that the district court erred by failing to merge a Defendant’s convictions for intimidation with a dangerous weapon with intent and conspiracy to commit the same. Although conspiracy is distinct from an underlying offense, “a person may not be convicted and sentenced for both the conspiracy and for the public offense.” Iowa Code § 706.4. Where a defendant is found guilty of both conspiracy and the substantive offense, “the defendant should be sentenced solely on the substantive offense.” State v. Waterbury, 307 N.W.2d 45, 52 (Iowa 1981).
After filing a motion to suppress evidence, arguing that the seizure of my client’s vehicle was unconstitutional, the State offered and my client accepted a plea agreement in which the OWI charge was pled down to a simple misdemeanor public intoxication for a fine only. In addition, the fake id charge was dismissed, and my client’s driver’s license will be returned immediately, as the State agreed to a motion in limine that suppressed the chemical test result.
A probation revocation court can revoke probation but it cannot enhance, change, or alter the original sentence to make it worse or harder on the Defendant.
The U.S. Supreme Court held that a law which prohibits knowingly making any false statement does not criminalize statements that are misleading but not false.