Client charged with striking an unattended vehicle and then leaving the scene without making a proper report. Case dismissed. State agreed on the morning of trial that it would not be able to prove the charge beyond a reasonable doubt.
Successfully defended attempt by my client’s ex-girlfriend to obtain a civil domestic abuse no contact order. The court held that she failed to prove the jurisdictional requirements of an assault and a relationship as required by the statute.
Iowa Supreme Court holds that there was insufficient evidence of constructive possession of weapons/firearms in the bedroom of the home jointly used by Defendant and his girlfriend, though there was sufficient evidence of constructive possession of drugs.
Client who originally was charged with Operating While Intoxicated, Possession of Controlled Substance – Marijuana, and Possession of Drug Paraphernalia pleads guilty to PCS marijuana only for a deferred judgment, with the OWI and paraphernalia charges being dismissed.
Iowa Court of Appeals reverses conviction for manufacture of methamphetamine and arson, when a meth lab ignited the house on fire, holding that although there was a meth lab in the house, the manufacture of the meth could just as easily have been done by the Defendant’s live-in girlfriend as the Defendant himself, and guilt or innocence should not be determined by the flip of a coin.
Iowa Court of Appeals reverses conviction of minor for robbery, holding that the evidence was insufficient to prove the minor aided or abetted the robbery, which requires active participation, assistance, or encouragement, rather than mere presence.
Client’s OWI pled down to public intoxication.
Client’s possession of marijuana and drug paraphernalia charges successfully expunged from the official court record.
Client’s theft charge dismissed. He instead pleads to public intoxication for a fine.
Client’s charge of serious misdemeanor Possession of a Fake Id dismissed; client pleads to simple misdemeanor public intoxication for a fine only.
Iowa Court of Appeals discusses the difference between making a false report, which requires affirmative steps to communicate, and merely providing false information in response to questions. Both the act and the intended impact upon the listener are different.
Iowa Court of Appeals holds that the 45-day speedy indictment rule applies to minors charged with forcible felonies that don’t have juvenile court jurisdiction. Hence, if a juvenile is arrested for such a felony and the trial information is not filed within 45 days, the case must be dismissed.