Imagine a dartboard where the bull’s eye is “guilty.” Everything else on the board is “not guilty.” Not guilty does not necessarily mean that a defendant actually did not commit the crime. It can mean that, but it also means everything else, aside from “guilty.” For low-level misdemeanors (simple misdemeanors in Iowa) guilty pleas can […]
Category: Criminal Law
Iowa's Criminal Right to Counsel and the Implied Consent Law
The United States Constitution guarantees the right to counsel for the accused. The State of Iowa has taken this right and written it into our state statutes. Iowa Code §804.20 states: Any peace officer or other person having custody of any person arrested or restrained of the person’s liberty for any reason whatever, shall permit […]
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Iowa Definition of "Intoxication" for Public Intox
The first place to look to find the defining law for a criminal charge is to the Iowa State Bar Association’s approved jury instructions. For (almost) every charge in Iowa, there exists a standard jury instruction which defines what elements the jury must determine have been met for a guilty verdict to occur. And in […]
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Public's Right to be on Public Streets?
…who may have consumed a small amount of alcohol… That’s the issue in the Iowa Court of Appeals case State v. Bolden in 2005. Mr. Bolden was arrested for public intoxication, and he argued that the statute was unclear, vague and overbroad. He stated that the current public intoxication law results in: “Iowa Citizens, of […]
Iowa Criminal Law – Search and Seizure
One of the biggest mistakes defendants make during an encounter with the police is failing to exercise their right to remain silent. The Miranda warnings have been read so many times on television that the general public has forgotten to actually listen to and understand these rights before they continue an interview with the police. […]
Does Pleading Not Guilty Anger the Court? (Iowa City)
I have been asked this question many times in one form or another. The short answer is “No.” What does anger the Court is when a defendant rushes into a guilty plea, then wishes to withdraw the guilty plea claiming they did not know what was going on. For simple misdemeanors, the judge will generally […]
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PAULA in Iowa City
Paula – or Possession of Alcohol under the Legal Age, is a very common offense in Iowa City. A short time ago the fine was small, even for multiple offenses. Now the fines are staggering. A first offense Paula will cost a defendant $314.00. That includes $200.00 for the fine, a 32% “surcharge” and the […]