Client charged with possession of fake id, interference, public intoxication, possession of alcohol under the legal age, open container in public, and littering, obtains deferred judgment for the first three charges, and the remaining three charges are dismissed.
Client facing prison for felony domestic abuse as a habitual offender pleads to aggravated misdemeanor, two days in jail, completion of domestic violence classes, and rest of time suspended.
Client who was charged with Impersonating a Public Official, Possession of Weapons, Possession of Drugs, and Reckless Driving, pleads guilty to Impersonating only, with all other charges dismissed, for a suspended sentence.
After trial, judge acquits my client of domestic assault. As a result of the not guilty verdict, the no contact order is lifted.
Client charged with felony sexual exploitation by a counselor pleads to aggravated misdemeanor for a deferred judgment, 1 year unsupervised probation.
Iowa Court of Appeals holds that neither acquiescence in the setting of a trial date past the speedy trial deadline, nor failure to obtain a court-ordered substance-abuse evaluation, nor timely filing of a motion to suppress amounts to the kind of active participation in delay that has led to findings of a waiver of a speedy trial demand or good cause to extend the trial past 90 days of the filing of the Trial Information. Hence, the Defendant’s case had to be dismissed.
Iowa Court of Appeals – Possession Case
Iowa Court of Appeals holds that possession of flashlight and gloves are insufficient for a conviction of possession of burglar’s tools.
Court dismissed my client’s simple misdemeanor charge, granting the motion to dismiss on the grounds that my client’s speedy trial rights were violated.
Client’s charge of possession of a controlled substance – marijuana was dismissed after Motion to Suppress was filed arguing that the police had failed to read properly the Defendant’s complete Miranda warnings as required, and therefore the warrant obtained to search my client’s car, which was based on my client’s statements made pursuant to custodial interrogation, had to be invalidated, and hence the search and the evidence obtained had to be suppressed as fruits of the poisonous tree. The State conceded the point and dismissed the case.
To entice, one must intend to commit an illegal act upon the minor, not just contribute to their delinquency.
Clients Theft Charge Dismissed
Client’s theft charge dismissed after successful completion of community service as part of a deferred prosecution agreement.
Defendant’s 6th Amendment Rights
Iowa Supreme Court rules that once a Defendant’s 6th amendment rights have attached following formal charges, and he obtains a lawyer, it is improper for a jailhouse informant to deliberately elicit information from the Defendant if that informant is providing the information to the State in return for some kind of consideration.