Iowa Supreme Court holds that the 6th Amendment requires a jury to find facts that increase or decrease punishment, if such would be punitive/punishment as part of a criminal case. $150,000 restitution in a death case is punitive, and as such, requires a specific finding that the Defendant caused the death if there is an …
Category: Legal
New Legislation 2021
Legislative update for 2021. Click here to review some new laws that went into effect in 2021 …
Takings Clause – Government May Not Require Trespass by Regulation
The U.S. Supreme Court has held that a regulation requiring a property owner to allow others to access his property is a per se physical taking and trespass and gives rise to compensable claim for a taking under the takings clause of the 5th and 14th amendments to the U.S. Constitution. Read the case here …
Supreme Court Limits Broad Reading of Computer Fraud and Abuse Act
During Nathan Van Buren’s time as a police sergeant, he made a deal with a man, Albo. In exchange for $5,000, Van Buren would use the law enforcement computer database to search for a license plate number given to him by Albo. The FBI charged Van Buren with felony violations of the Computer Fraud and …
U.S. Supreme Court Turns Away Loss of Gun Rights Cases
https://www.jurist.org/news/2021/04/us-supreme-court-turns-away-firearms-cases/ …
New Laws
See the link below for bills signed into law in 2021 by the governor, as well as bills under consideration New Laws …
Felons and Jury Duty
The Iowa Supreme Court has ruled that felons who have had their rights restored may participate on juries. https://www.iowacourts.gov/collections/600/files/1314/embedDocument/ …
Information About Applying for a Pardon, Commutation, and Restoration of Firearms Rights
https://governor.iowa.gov/pardons-firearm-rights-and-commutations See also this link: https://cdn.ymaws.com/www.iowabar.org/resource/resmgr/2021_criminal_law/restoration_of_rights_-_pres.pdf …
Criminal Fines, Fees and Surcharge Updates as of June 25, 2020
Over the past 10+ years, legal fines have stayed fairly consistent when it came to criminal and juvenile justice systems. On June 25, 2020, Governor Kim Reynolds signed into law Senate File 457 (SF457) which alters criminal fines and fees, modifies some funds and revenue allocations, and includes sections related to restitution ordered in criminal cases. The …
How OWI Programs Have Been Modified due to COVID-19
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 …
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 …