More Information on Criminal Records and Employment

With 2011 graduation right around the corner, the Cedar Rapids Gazette wrote an article about the consequences of a criminal history when looking for a job.

http://thegazette.com/2011/05/13/old-charges-can-haunt-job-hunting-college-grads/

Why Clean Criminal Records are Important

Here is a recent article in Iowa City’s newspaper about local criminal history searches:

http://www.press-citizen.com/article/20110511/NEWS01/105110331/UI-study-Local-employers-screen-for-criminal-records?odyssey=tab|topnews|text|Frontpage

Methods of Correspondence

The standard correspondence for the practice of law has always been the written letter,  signed and mailed to the interested parties.  This is how lawyers have “officially” communicated with clients and opposing counsel for decades, even centuries.

But mailed letters are slow, and the information can often be stale by the time it is read by the recipient.

Here at Thompson Law Office, we correspond with clients and prosecutors by email as much as possible. This results in quicker case resolutions, and fewer rushed or missed deadlines.  The communication is just as safe and secure as a physical letter as well.

With the quality of document scanning in our office, we can send .pdf files of all court documents to as many parties as are interested, instantaneously.

Also, we use Google’s Gmail for all of our electronic messaging services.  Previously we had used our domain name’s (thompsonjustice.com) email server, but this was being forwarded to Gmail anyway.  By emailing directly to and from our Gmail accounts, we get the fastest, safest, most secure correspondence available.

When you hire us, you will have the option of electronic or physical correspondence.  We would hope you would use email, but we are happy to oblige either way.

We Only Accept Specific Criminal Cases

My law firm is able to provide excellent service and highly-knowledgeable advice due to the limited number and type of cases that we accept.

First off, we only take criminal cases.   That means that our knowledge base is not diluted by spending time with lawsuits, civil cases, divorces, wills, real estate, traffic tickets or any other type of law.

We specialize in criminal law, which allows us to stay focused on the type of law that matters to our clients.

If you were having eye surgery, would you visit a general practitioner or an ophthalmologist?

Specifically, we only take a certain type of criminal case:   Charges that are drug or alcohol-related.  This includes OWI/DUI, possession of controlled substances (drugs), possession with intent to deliver/delivery of controlled substances, drug tax stamps, running a drug house, promoting a drug gathering, and possession of drug paraphernalia charges.

We also counsel on many of the “drinking” charges such as public intoxication, possession of fake ID, PAULA, in bar under 21 and misuse of ID.

We limit our practice geographically.  A vast majority of our cases are in Johnson County (Iowa City), followed by Linn County (Cedar Rapids), and to a lesser extent, Cedar County, Iowa County, and the remaining counties in this area.

I do not feel that I could help a Des Moines  or Waterloo client as much as a local attorney could, so we do not take cases there.  A local attorney has the advantage of knowing the local judges and prosecutors, and what the likely outcome would be for the case.

Since a majority of our clients are students, and mainly at the University of Iowa, we can provide advice on the impact these criminal charges can have on that student’s enrollment and criminal history.

We have handled hundreds of cases of this nature.  So regarding that eye surgery, you would certainly choose a doctor that has performed that exact operation, under the same conditions, hundreds of times.

That is what you are getting when you call us.  So please do, but only if you have a criminal case involving drugs or alcohol, in the counties local to Iowa City.  We will be pleased to help you.

California Drug Search Goes Overboard

Please take a look at this recent story involving a law professor and a search warrant executed on his residence:

http://www.sfweekly.com/2011-02-16/news/pot-raid-sfpd-castro-law-professor-clark-freshman-sue/

Marijuana Charges in Iowa City

One of the most common drug-related charges in Iowa City (Johnson County) is Possession of Controlled Substance (PCS)- Marijuana, 1st Offense.  This charge is handled differently in Iowa City than in any other jurisdiction in the State.

Foremost, we have the Johnson County Marijuana Diversion Program in place.  This program accepts defendants charged with the above offense only when they are found in possession of less than 10 grams of marijuana, have no criminal history and are not charged with another serious offense at the time of the marijuana charge.

The diversion program is a great system for getting a charge dismissed.  When defendants qualify, I ask them to complete the requirements even in cases even where there are not guilty, or have a chance to beat the case at a suppression hearing.  The diversion program is easier, quicker and less expensive than drawing the case out for a suppression motion or jury trial.

If a defendant does not qualify for diversion, we will argue for a deferred judgment on the PCS charge.   A deferred judgment is another excellent outcome for a PCS case.  It requires a longer period of time,  and more of a cash outlay to the court to complete, but it is another way to avoid a conviction.  The biggest drawback is the six-month period of probation that does not begin until the case is resolved.   Also, although it does not result in a conviction, it does require a guilty plea and this distinction may not be apparent to certain future employers.

When a defendant does not qualify for a deferred judgment, then the goal is to be sentenced to the mandatory minimum penalty for the offense.  This includes 2 days in jail, and a conviction.

Aside from the PCS charge itself, there are various ways to deal with an accompanying Possession of Drug Paraphernalia charge, or any other contemporaneous charges.

Since these cases are handled differently in Iowa City, it is best to hire a local lawyer whom is familiar with the local method for dealing with the case.  Please give us a call.

My Son/Daughter is in Jail…What Next?

Whenever I receive a call from a parent with a son or daughter that is currently being held in the Johnson County (Iowa City) jail, I tell them that the criminal case is divided into two halves: Getting your child out of jail, and everything else.

When a peace officer witnesses a criminal offense (OWI, drug charges), they will usually arrest the defendant immediately.  Sometimes, that defendant will be taken to the police station for additional questioning or breath testing, before ending up at the Johnson County Jail.

At the jail the defendant is “booked,” which consists of fingerprinting and being placed in an orange jumpsuit.

At this time, the defendant will have a bond set by the arresting officer.  This bond is often very high, and the time frame to post the bond lasts only until the judge reviews the case in the morning.

At around 8:30 a.m. on the morning of the arrest, the defendant will be seen by a local judge for the Initial Appearance.

At the Initial Appearance, the judge will inform the defendant of the pending criminal charges and the minimum and maximum penalties.  If the only charges are simple misdemeanors, the judge can ask for a plea. If there are more serious charges, the judge cannot ask for a plea.

The judge will review the information he has available and decide whether the defendant needs a bond.  He will consider the defendant’s current charge(s), criminal history and his ties to the community.  Essentially, the judge is determining what amount of money (if any) is required to secure the defendant’s future appearance and to protect the community from further criminal violations.

If the judge decides that a bond is necessary, then that bond amount must be posted in order for the defendant to be released.  That money is kept by the court until the case is resolved, then it will be returned or credited toward the defendant’s financial obligations.

Most of the time, an attorney is not called until after the Initial Appearance.

When I am hired for cases like this, I immediately sign the defendant up for an “informal bond review.”  This is a hearing that takes place at 8:10 a.m. on the court day following the day the hearing is applied for.  At this hearing I would have the opportunity to discuss the case with the judge, and provide greater detail about the circumstances of the defendant’s life (ties to school or work for example).  It also helps when I can convince the judge that the defendant’s parents are involved because this further secures the defendant’s presence at future court dates.

If you are seeking representation for a criminal matter pending in Johnson County, Iowa, please give us a call at (319) 354-1630.

Cedar Rapids/Linn County Criminal Lawyer

Our office is based in Iowa City, which is only a short commute from the Linn County Courthouse in Cedar Rapids.  We routinely take criminal cases in Cedar Rapids, with our caseload there second only to our caseload in Iowa City.

Linn County cases are handled very similarly to cases in Johnson County, the only major difference being the judges and prosecutors we interact with.

We focus our private practice solely on criminal law, with a vast majority of those cases being drug or alcohol related.  Please review our website for more information on our firm, and give us a call if you have questions about a recent criminal charge in Cedar Rapids, Iowa.

Iowa Code §124.414 (Possession of Drug Paraphernalia)

124.414   Drug paraphernalia.

1.  a.  As used in this section, “drug paraphernalia” means all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:
(1)  Manufacture a controlled substance.
(2)  Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(3)  Test the strength, effectiveness, or purity of a controlled substance.
(4)  Enhance the effect of a controlled substance.
b.  “Drug paraphernalia” does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose.
2.  It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell, or possess drug paraphernalia.
3.  A person who violates this section commits a simple misdemeanor.

Iowa Code §321.216A (Possession of Fake ID)

321.216A   Falsifying driver’s licenses, nonoperator’s identification cards, or forms.

It is a serious misdemeanor for a person to do any of the following:
1.  Make a driver’s license, a nonoperator’s vehicle identification card, or a blank driver’s license form if the person has no authority or right to make the license, card, or form.
2.  Obtain, possess, or have in the person’s control or on the person’s premises, driver’s license or nonoperator’s identification card forms.
3.  Obtain, possess, or have in the person’s control or on the person’s premises, a driver’s license or a nonoperator’s identification card, or blank driver’s license or nonoperator’s identification card form, which has been made by a person having no authority or right to make the license, card, or form.
4.  Use a false or fictitious name in any application for a driver’s license or nonoperator’s identification card or to knowingly make a false statement or knowingly conceal a material fact or otherwise commit fraud on an application.