In light of the COVID-19 public health emergency, which has caused an indefinite suspension of all 48-hour OWI programs, and pursuant to an agreement between the Johnson County Attorney, the Department of Correctional Services, and the Johnson County District Associate Court, for OWI cases in which a deferred judgment order was granted and in which the …
Category: Legal
Understanding Iowa PAULA Laws
Possession of Alcohol Under the Legal Age (PAULA) is a simple misdemeanor in the state of Iowa. Here is what you need to know about Iowa PAULA laws. Who Can Be Charged with PAULA Anyone under the age of 21 who is found to be in possession of alcohol can be charged with possession of alcohol under …
Understanding the Difference: Criminal Law vs. Civil Law
If you find yourself involved in a lawsuit, the first thing you need to do is figure out whether it is a criminal case or a civil case. Understanding the difference between criminal law vs. civil law is essential to choosing the best defense for your case. Who’s Involved in Criminal Law vs. Civil Law Cases The …
Controlled Substance Schedules in Iowa
In Iowa, you can be arrested, tried and convicted for possession of an illegal substance, whether you have the intent to sell or not. You can be convicted of felony distribution or intent to distribute even if you don’t sell, but simply give or intend to give the drugs to another person. The illegal substances are …
How Illinois Marijuana Legalization will Affect Iowans
Illinois Governor J.B. Pritzker recently signed a new bill legalizing the sale and possession of marijuana starting January 1, 2020. Here is how the sale of legal marijuana in Illinois may affect Iowans. Purchasing & Possessing Marijuana in Illinois With the new legalization law, non-residents, including Iowans, will be able to purchase and use marijuana …
Your Right to an Independent Chemical Test
According to Iowa law, when you are arrested for an OWI, you have the right to an independent chemical test. This test would be in addition to any breath or urine tests administered by the arresting officer, and would come at your own expense. However, there is no independent chemical test right unless and until you …
Expungeable Offenses in Iowa
If you have been convicted of public intoxication or PAULA (Possession of Alcohol Under the Legal Age) you can get these charges expunged from your record in the state of Iowa. Requirements for Expungement To get your public intoxication or PAULA charge expunged, you must go 2 years (from the date of your conviction) without any law …
What is Accessory?
You don’t always have to be the one who commits a crime to be charged with a criminal offense. Just assisting someone who you know will commit or who has already committed a crime is grounds for arrest and imprisonment. An accessory is someone who assists or encourages or facilitates a crime, or knowingly helps …
How Does Bail Work in Iowa?
Understanding how bail works in Iowa can help you or a loved one be prepared so that you can ensure a speedy release after arrest. What is bail? Bail is the amount of money you must pay to be released from jail while your case is pending. By posting bail, you are agreeing to appear …
License Revocation
Iowa no longer revokes drivers’ licenses for most drug possession convictions. However, what few realize is if you have had your driver’s license revoked for a drug-related conviction, and it is still revoked as a result, you probably can have it reinstated, because the law is retroactive. Iowa House File 2502, signed into law …
What is Implied Consent?
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 …
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 …