State to Review PAULA Expungment
The Iowa Legislature is reviewing a bill which would allow those convicted of Possession of Alcohol Under the Legal Age (PAULA) to apply to have their convictions expunged. The procedure would be nearly identical to the current law which allows defendants convicted of Public Intoxication to expunge their records. Those convicted of PAULA would be [...]
read moreDon't Store Drug Info on Your New iPhone
When someone is arrested for a drug crime, specifically a drug distribution crime, the officers will seize evidence. Notably, they will take any drugs, scales, pipes, grinders and loose cash. They will also be looking for any sort of record keeping, such as a client list or a ledger. All of this should be expected. [...]
read moreDon't Sleep in Your Car
With the icy weather and cold temperatures invading Iowa, it’s time for another reminder of the whole “O” in the OWI offense. For whatever reason, Iowa has decided to call the “DUI” offense “OWI.” The law refers to this as both “Operating While Intoxicated” and in the same statute, “Operating While under the Influence.” So [...]
read moreThe First Court Date in Iowa Criminal Procedure
There are two ways to begin your contact with the court for an Iowa criminal charge, and both are called the Initial Appearance. (Note, do not confuse this with the Preliminary Hearing, or even the Pretrial Conference, all are very different). The first way to have your Initial Appearance is by being summoned at a [...]
read moreCriminal Sentencing
After a defendant is determined to be guilty of a given a offense, whether by plea or trial, a sentencing hearing will be set. Sentencing is where penalties are determined by the court, and is also the point where a conviction would take effect. For lower-level crimes, such as simple misdemeanors, sentencing will usually occur [...]
read moreA Clean Criminal Record – Iowa Law
According to a new Wall Street Journal article, and from the experiences I have seen working out of my law office, people are trying more and more to expunge, or erase their criminal histories. A criminal history creates a unique problem for some charged with a criminal offense in Iowa. Aside from the small exception for [...]
read moreOWI Law – Consent to OWI Breath Test or Refusal?
When stopped in Iowa under suspicion of an OWI, the arresting officer will undoubtedly take the suspect to a testing station to administer the Datamaster breath test. The Datamaster is the more accurate version of the hand-held breath test (called the PBT for preliminary breath test) that is administered in the field. Although the Datamaster [...]
read moreAnd Another Recommended Change to Iowa Law
The State of Iowa has the crime of Public Intoxication, which prohibits that a person be 1) in public and 2) intoxicated (or simulating intoxication). When these criteria are met, the officer can effectuate an arrest and perform a search. There is not a whole lot to add here. The legislature has not defined “intoxication.” [...]
read moreOne Recommended Change to Iowa Law
Every weekend students are charged and convicted of Possession of Alcohol Under the Legal age, also known as “PAULA.” This offense has existed since alcohol age restrictions have been around. But even in the last few decades, the penalties have gone from comically low to ridiculously high. With the new (July 2009) surcharge of 35%, [...]
read moreIowa OWI 2nd Offense, and the Ignition Interlock
Under Iowa law, people with OWI 1st offense test failures over 0.10, or test refusals must get an ignition interlock (“blow & go”) device installed on any vehicles they wish to drive or own, if they want to get a work or school permit. With a first offense, a driver is always eligible for their [...]
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