Notable Cases

Johnson County Magistrate’s Court

Bench Trial – Not Guilty Verdicts

Defendant was charged with Public Intoxication and Interference with Official Acts. The Intox charge stemmed from the defendant’s presence in a common hallway of an apartment building. The Iowa Supreme Court has held that this is indeed “public” for purposes of the statute. However, the judge determined the defendant was only in “public” at the request of the police officers, and this charge was acquitted. The Interference was acquitted after the state failed to prove beyond a reasonable doubt that the defendant interfered with the officers’ right to enter his apartment in search of an injured person.

Johnson County District Felony Court

Possession with Intent to Deliver, Failure to Affix Drug Tax Stamp, Contributing to Delinquency, Running a Drug House

Suspect charged with the above crimes following a raid on his house. Suspect cooperated with the investigation. He immediately sought substance abuse services and followed through with all treatment. He met with the Department of Human Services and participated in all investigations and followed through with all requests and appointments. His positive attitude and hard work helped make a great plea deal possible. Originally facing 2 felonies and up to 12 years in prison, he entered a guilty plea to a misdemeanor for a deferred judgment, 2 years supervised probation, and no further incarceration.

Johnson County Magistrate Court

Theft Fifth Degree Dismissed

Citizen was charged with shoplifting, Theft in the 5th Degree, after approaching the exit of a local grocery store with a cloth bag containing fruit and vegetables that were not paid for. The items were visible, sticking out of the cloth shopping bag. Video showed the loss prevention officers’ rash reaction and refusal to listen to the facts. Case dropped after subpoena of video, and negotiations with the State.

Johnson County District Associate Court

OWI First Offense, Breath Test Refusal

Suspect was arrested and charged with OWI 1st Offense. She refused the breath test at the police station. This made her ineligible for a deferred judgment. Mr. Thompson produced evidence from her doctor that she suffered from recent trauma and PTSD, and thus the State agreed to throw out the test refusal, allowing a plea for a deferred judgment.

Johnson County District Associate Court OWCR105743

OWI Second Offense, reduced to First Offense, 48-hour Program, no additional jail time

Defendant had an old prior case, near the end of the 12-year enhancement period. Field sobriety tests were argued to be not as convincing as the State would have hoped; combined with a borderline PBT result, no Datamaster data, and a very polite and cooperative driver, we reached a agreement with the state for this huge reduction in penalty.

Johnson County District Associate Court

Defendant charged with Possession of Marijuana, 2nd offense, Drug Paraphernalia and Probation Violation – Charges Dismissed, Probation Case Expunged

This summer I took a case of a young person facing a probation revocation for allegedly failing to complete her substance abuse treatment, and for picking up a second marijuana possession and paraphernalia possession  charge.  She was on probation for her first marijuana possession case at the time. Based on the weakness of the new evidence, the age of the case, and by explaining and investigating the substance abuse treatment, the new charges were dismissed and the old probation was discharged and expunged.

Johnson County District Felony Court

Defendant charged with two D-felonies, Possession of Marijuana with Intent to Deliver, Drug Tax Stamp Violation and aggravated misdemeanor Keeping a Drug House, with a maximum sentence of 12 years in prison. Through working with the police and the prosecutor’s office, I negotiated a deal to plead this case to Possession of Marijuana, with a deferred judgment, the remaining charges were dismissed. The defendant served no jail time, and his file will be expunged after completion of self-supervised probation.

Johnson County Magistrate’s Court

Defendant was charged with Disorderly Conduct (and Littering by the city) after a bottle was thrown from a window during a house party. Defendant was not found at the scene, but arrested months later. After a review of the case, the City of Iowa City dismissed their charge, and the State dismissed as well. SMSM093524, ICSMSM096475.

Johnson County Magistrate’s Court

Theft in the 5th Degree charges dismissed at defendant’s cost, after review of the evidence and agreement to complete community service. SMSM098920.

FECR095111 Johnson County, Iowa

Six Pounds of Marijuana Seized from Defendant, Pleads to Tax Stamp Violation for Deferred Judgment

The Defendant was arrested at a drug interdiction point while travelling through the State of Iowa with six pounds of marijuana in his possession. He was taken to jail on two felonies, an aggravated misdemeanor and a serious misdemeanor, including possession with the intent to distribute. Ultimately, the defendant pleaded guilty to a Tax Stamp violation for a deferred judgment, and a possession of controlled substance misdemeanor for a conviction with no additional jail time.

FECR096619 Johnson County, Iowa

Burglary Felonies Reduced to Two Simple Misdemeanors

Defendant was charged with two felony burglaries after a night of poor decision making while intoxicated.  However, there was never any malicious intent, and the items taken were of very low value.  Mark was able to convince the prosecutor to reduce one charge to two simple misdemeanors, and to dismiss the other felony.

FECR095123 Johnson County, Iowa

Marijuana Felonies Reduced to Misdemeanor

A young couple was charged with the felonies of Possession of Marijuana with Intent to Deliver and Failure to Affix a Drug Tax Stamp while passing through Iowa on Interstate 80.  The marijuana was obtained pursuant  to an out-of-state medical marijuana prescription and was not packaged for individual sale.  Despite this prescription, marijuana is illegal to possess in Iowa.  Under the law, the medical marijuana cards had no relevance. However, after verifying the source, and subpoenaing the out-of-state doctor, we were able to convince the state to dismiss the Tax Stamp felony and allow a plea to the lesser-included Possession misdemeanor. The couple ultimately received deferred judgments for this misdemeanor.

Please note that a medical marijuana card has no legal relevance in Iowa.  You are not allowed to travel through the state with marijuana, despite the source.

AGCR091853 Johnson County, Iowa

Jury Verdict of Not Guilty

Defendant was charged with Assault with a Dangerous Weapon.  After the charge was reduced to simple Assault, upon insistence of the defendant we took the case to a jury trial.  After a few hours of deliberation, the jury acquitted the defendant of the charge.

OWCR011604 Benton County, Iowa

OWI Pleads to Reckless Driving

In this case, a person was charged with OWI after her car was found partially in the ditch near the home she was staying in.  Admissions to having driven the car were confused, and the officer charged it as an OWI.  Based upon the confusion of the admissions, the county attorney accepted a plea to Reckless Driving.

FECR087449, Iowa City, Johnson County

Jury Verdict of Not Guilty for Felony Charge

Defendant was charged with Burglary for entering his former-roommate’s apartment allegedly without permission.  The jury deliberated for several hours before delivering a verdict of not guilty for all charges and lesser-included offenses.  More information here.

SRCR085705, Mt. Vernon, Linn County

Deferred Judgment, Dismissal of Two Simple Misdemeanors

Defendant was charged with Possession of Marijuana, Disorderly House and Possession of Drug Paraphernalia.  Mr. Thompson was able to negotiate with both the County Attorney and City Attorney to obtain a recommendation for deferred judgment on the drug charge, and a dismissal of the remaining two charges.

SRCR82909, Cedar Rapids, Linn County

Dismissal of All Charges

The Client was charged with Driving Under Revocation, a serious misdemeanor, after receiving an OWI charge in Iowa City.  The Iowa Department of Transportation made a clerical error regarding the status of the Client’s license and proper notification was never processed.  After an explanation of the situation, and production of evidence from the DOT, the charges were dismissed.

SRCR059349, Iowa City, Johnson County

Dismissal of All Charges

The Client was brought into Iowa City court after realizing that some six-year-old charges were never finalized.  After the warrant was satisfied, the case was restarted and headed for jury trial.  Mr. Thompson was able to get the case dismissed at final pretrial due to problems with the State’s evidence.

OWCR084338, Iowa City, Johnson County

OWI Arrest Leads to Dismissal

Mr. Thompson filed a suppression motion based on a questionable traffic stop for a loud muffler.  The lawyer for the state resisted.  At the hearing, the state forced to dismiss all charges.

FECR005651, Washington County

Not Guilty Jury Verdict

The Defendant was accused of driving recklessly with passengers in his car.  The case was taken to trial by jury and Mr. Thompson won an acquittal.

SMSM073346, Iowa City, Johnson County

Drug Paraphernalia Charges Dismissed After Motion to Suppress Evidence

A University Heights police officer filed drug paraphernalia charges following a stop for a traffic violation.  A motion to suppress was filed by Mr. Thompson, which was resisted by the State’s lawyer.  A hearing was held and the police video was reviewed. Our motion was granted and the charge was dismissed, over the opposing lawyer’s objection.

SRCR082947, Iowa City, Johnson County

Marijuana Possession Charges Dismissed

A Iowa State Trooper conducted a traffic stop on I-80 for a speeding violation.  The passenger was questioned and admitted to possessing a few marijuana joints.  A possession of controlled substances charge was filed. Mr. Thompson worked with the State’s lawyer to form a plea where the defendant was required to provide a clean drug test and obtain a substance abuse evaluation and treatment, and the charges were dismissed.

SRCR082610, Iowa City, Johnson County

Drug Possession Charges Dropped

In a situation similar to the above, an Iowa City police officer conducted a traffic stop for a stop sign violation.  A consent search of the car was conducted, which revealed a small amount of marijuana.  The defendant agreed to a plea bargain equivalent to the above case. (Note that in both of these cases there was no allegation that the driver was under the influence of drugs or alcohol).

OWCR083923, Iowa City, Johnson County

OWI / DUI Case Dismissed Despite BAC Test Failure

An OWI / DUI charge was filed following a traffic stop for an alleged littering violation in University Heights.  After a discussion between Mr. Thompson and the assistant county attorney, the case was dismissed.

OWCR081978, Iowa City, Johnson County

OWI Case Pleaded Down to Public Intoxication

The defendant was charged with OWI / DUI while sleeping in his car with the ignition on.  Mr. Thompson filed a motion to suppress based on the officer’s search and seizure of the defendant without reasonable suspicion.  Although the motion was defeated, our attorney successfully worked with the state’s lawyer to gain a plea to public intoxication in lieu of an OWI / DUI conviction.

SRIN007880, Washington County

Jury Verdict of Not Guilty

The elderly Client was charged with assault causing injury during a scuffle with a neighbor over rural property lines. After taking depositions, the State’s lawyer agreed to lower the charge to a simple misdemeanor. Despite this concession, Mr. Thompson took the case to trial.  The jury delivered verdict of not guilty.

SRIN007818, Washington County

Drug Possession Charges Dismissed After Successful Motion to Suppress

The Client was charged with three counts of possession of controlled substance, 3rd offense, habitual offender, with a maximum period of incarceration of 45 years. After reviewing the State’s evidence, our attorney filed a Motion to Suppress based on the state trooper’s scope of search and unreasonable period of detainment. After a hearing on these issues, the evidence was excluded and the charges were dismissed.

SMSM037798, Washington County

Charges Dismissed on Morning of Trial

Client  was charged with simple assault, the case proceeded to jury trial, where Mr. Thompson secured a dismissal.

AGCR072730, Iowa City, Johnson County

More Charges Dismissed on Morning of Trial

Defendant was charged with aggravated assault and the case was set for jury trial.  Our lawyer gained a dismissal of the charge on the morning of trial, after meeting with the State’s lawyer.

AGIN007502, Washington County

Bench Trial with Not Guilty Verdict and Dismissal of Serious Charges

Client was charged with an aggravated level assault, facing up to two years in jail. After taking depositions, these charges were dropped, but a related simple assault charge remained. Mr. Thompson took that case to bench trial and won an acquittal.

Also note that each case is different, and these results might not necessarily define what will happen in your case.