For a young person, keeping a clean criminal history is the single most important aspect of a criminal charge. I am a big believer in doing as much a possible in the short term, so that on the long term, a criminal case has the least lasting effects.
The way to do this in Iowa law is to close your case with one of the “D’s”… Diversion, Dismissal, or Deferment. And if that is not possible, we focus on the only “E,” Expungement.
Diversion is only available for Possession of Controlled Substances, Marijuana charges. It is also only available in Johnson County (Iowa City). If you meet the eligibility requirements for Diversion, we will do everything we can to make sure your case completes the diversion process. We have guided dozens of clients through the diversion process since the first day the program became available.
Dismissals are often obtained as part of a plea agreement. For example, if a defendant pleads guilty to charge A, the state may agree to dismiss charge B. Of course, this would only be when the defendant is guilty of both charges, the State can prove it, and they obtained their evidence lawfully. If one of the above is not true (didn’t do it, lack of evidence, illegal search), then we will obtain a dismissal of the charge on its own merit.
Deferment is the most common. A Deferred Judgment is available for essentially any criminal charge in Iowa. (Many low-level tickets cannot be deferred.) Getting a Deferred Judgment, and following through with the court’s requirements is a way to avoid a criminal conviction, avoid jail time and allow the file to be expunged from the court’s public record. It is an excellent result.
Finally, there are two charges (Public Intoxication and PAULA) which can be expunged after a conviction was entered. When we are negotiating a plea deal and the State needs a conviction, we hand them one of these because we can tidy up that criminal record after the case is concluded.
Please give me a call to discuss any pending criminal charges in Iowa City.