On Tuesday, April 20, 2010, a Johnson County jury returned a verdict of Not Guilty for Mark Thompson’s criminal jury trial. The defendant was charged with Burglary in the Third Degree (a class D Felony). The state alleged that the defendant entered the downtown apartment of the victim without permission, left behind some clothing, stole […]
Paula/Public Intoxication Expungment Bill Passes
On 3/19/10 Governor Culver signed HF 2233 into law, providing some relief for defendants convicted of PAULA offenses. In a nutshell, the new PAULA law adds a provision that allows defendants to expunge the charge from their records after a period of two years, provided that no additional convictions take place in that period. (There […]
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CHeBA Hut Sandwich Shop Coming to Iowa City
CHeBA Hut is a marijuana-themed sandwich shop with locations in great college towns such as Boulder, Ft. Collins, Eugene and Tempe. This fall they plan to open a restaurant here in Iowa City. It’s great to see Iowa City on the same list as these other fun towns. I first found out about CHeBA Hut […]
Catch-22 of Simple Misdemeanors
When a subject is cited for a simple misdemeanor, the officer has discretion regarding arrest. For a public intoxication charge, the officer will usually (if not always) arrest the subject. For a simple misdemeanor traffic violation, the officer will usually not arrest. For a Theft 5th degree charge, the officer may go either way. The problem […]
Keeping Charges off Your Record
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. … […]
Don'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. […]
Criminal 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 […]
And 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.” […]
One 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%, […]
Staying Smart While Tailgating
The Hawkeye Football season opener is this weekend. And unfortunately that often means and increase in local alcohol-related arrests. Although it is illegal to have any open container of alcohol in public, the local law enforcement agencies traditionally grant some leniency for tailgating parties near Kinnick Stadium on game day. There are no set terms […]