Many drug-related charges involve traffic stops. During the stop, the officer will be looking for any evidence of any additional crimes, including drug offenses. Drug paraphernalia in plain view, the smell of used drugs (particularly burnt marijuana), or signs of intoxication or drug use by the driver or passengers will all be used to further […]
Read More… from Iowa Criminal Law – Check the Car before you Drive It!
An “expectation of privacy” is what protects citizens from searches and seizures from the State. Generally, if a citizen has a reasonable expectation of privacy, there must be some additional fact which would allow an officer to conduct a search or seizure upon that person. One of such reasons may be that the person is […]
Read More… from Truck Drivers Have a Lowered Expectation of Privacy? – Iowa Criminal Law
Imagine a dartboard where the bull’s eye is “guilty.” Everything else on the board is “not guilty.” Not guilty does not necessarily mean that a defendant actually did not commit the crime. It can mean that, but it also means everything else, aside from “guilty.” For low-level misdemeanors (simple misdemeanors in Iowa) guilty pleas can […]
The United States Constitution guarantees the right to counsel for the accused. The State of Iowa has taken this right and written it into our state statutes. Iowa Code §804.20 states: Any peace officer or other person having custody of any person arrested or restrained of the person’s liberty for any reason whatever, shall permit […]
Read More… from Iowa's Criminal Right to Counsel and the Implied Consent Law
The first place to look to find the defining law for a criminal charge is to the Iowa State Bar Association’s approved jury instructions. For (almost) every charge in Iowa, there exists a standard jury instruction which defines what elements the jury must determine have been met for a guilty verdict to occur. And in […]
Read More… from Iowa Definition of "Intoxication" for Public Intox
…who may have consumed a small amount of alcohol… That’s the issue in the Iowa Court of Appeals case State v. Bolden in 2005. Mr. Bolden was arrested for public intoxication, and he argued that the statute was unclear, vague and overbroad. He stated that the current public intoxication law results in: “Iowa Citizens, of […]
One of the biggest mistakes defendants make during an encounter with the police is failing to exercise their right to remain silent. The Miranda warnings have been read so many times on television that the general public has forgotten to actually listen to and understand these rights before they continue an interview with the police. […]
I have been asked this question many times in one form or another. The short answer is “No.” What does anger the Court is when a defendant rushes into a guilty plea, then wishes to withdraw the guilty plea claiming they did not know what was going on. For simple misdemeanors, the judge will generally […]
Read More… from Does Pleading Not Guilty Anger the Court? (Iowa City)
Paula – or Possession of Alcohol under the Legal Age, is a very common offense in Iowa City. A short time ago the fine was small, even for multiple offenses. Now the fines are staggering. A first offense Paula will cost a defendant $314.00. That includes $200.00 for the fine, a 32% “surcharge” and the […]