When someone is arrested in Iowa, they have the right to an Initial Appearance before a magistrate within 24 hours. If no magistrate is available this hearing must occur within 48 hours. In practice, this hearing is typically held the morning following an arrest. At this hearing the magistrate must inform the defendant of the […]
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DUI vs OWI What exactly is the difference between DUI and OWI? For the most part, they mean the same thing, but there are some slight differences to justify the different acronyms. DUI stands for “Driving Under the Influence.” OWI stands for “Operating While Under the Influence.” In the State of Iowa, it is illegal […]
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The most common possession of controlled substances charge in Iowa City is for marijuana. This charge is unique in that it may be eligible for a local diversion program. The diversion program is reserved for defendants with clean criminal records, who are alleged to possess less than 10 grams of marijuana, no significant contemporaneous criminal […]
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On July 1, 2018, a new law went into effect regarding driving privileges in the State of Iowa following an OWI allegation. House File 2338 amended Iowa Code 321J in regard to obtaining and using a Temporary Restricted License (TRL). This new law eliminated the mandatory waiting periods, or “hard suspensions,” following test failures and test […]
Read More… from The Most Important Change to Iowa OWI Law in Ten Years
Operating While Intoxicated (OWI/DUI) in Iowa has lasting impacts and consequences long after an individual’s final court date. The State of Iowa considers any prior drunk driving offenses within 12 years when determining if the present charge is a second, third, or subsequent offense. The Iowa Department of Transportation reviews prior test failures and refusals, […]
Being arrested for the first time for Operating While Intoxicated can be terrifying, embarrassing and an unsettling experience. It also leaves anyone arrested with many scary questions. As the hours pass, those questions can lead to more questions. What happens next? How long will I lose my driver’s license? Am I facing prison time? What […]
The Johnson County Attorney’s Office started a marijuana diversion program in July of 2010. The program is fantastic for those who qualify. Prior to this program becoming available, defense attorneys would only have a slight chance if getting a charge dismissed. And then it was only if the defendant possessed less than one gram of marijuana. […]
[Edit 9/4/12 – All alcohol diversion programs are cancelled.] There are currently four criminal diversion programs available in Johnson County, Iowa. Prior to July 2010, there were no diversion programs available. As of today, there are now programs for PAULA, Public Intoxication, Possession of Marijuana and Possession of Drug Paraphernalia. The Possession of Marijuana diversion […]
For those who don’t know, Iowa football player Derrell Johnson-Koulianos aka “DJK” was arrested recently on various drug charges. It is one of several recent pieces of bad news involving the Hawkeyes. DJK was charged with six drug-related counts: 4 Possession of Controlled Substances charges, 1 Unlawful Possession of Prescription Drugs charge, and the previously-criticized […]
We have moved our office to 250 E. Court St., Iowa City, Iowa. This location will be more convenient to the student population, and for anyone that is going to court. We are located about 2 blocks to the east of the Johnson County Courthouse, in the new Telluride building, near the corner of S. […]