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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 […]

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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 […]

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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%, […]

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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 […]

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