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Iowa Criminal Laws

Our legal system does not truly focus on if a person committed a crime or not, but rather if it can be shown to a jury that a named defendant committed a particular crime.  Whether you feel you did what you are accused of or not you will need an attorney to help you determine if the state is going to be able to show a jury that you are guilty.  If they can, then the next question is did the state do something wrong in obtaining the evidence the state will need to show guilt at trial.  Our law says that if the police officers made legal mistakes in their work then everything they obtain after the violation will be thrown out.  It is therefore critical to make sure that if mistakes were made that they are brought to the attention of the court so our clients can enjoy the full protections of the law and avoid a conviction. 

 

The law allows and in fact demands such a remedy for defendants.  If the officer did follow the law and the state can show guilt then it is imperative that a defendant have an attorney to minimize the damage the matter will have on the client, as criminal changes in Iowa carry with them a broad range of penalties.  What a judge does to a “guilty” defendant can range from long jail or prison sentences to avoiding of a conviction altogether with an expungement.  How the judge will decide to punish a defendant will focus on numerous issues and making sure the judge is aware of all the positive factors in your favor and sees that all the negative factors are explained or clarified, is critical.

 

We help our clients through all facets of the case. We are there to guide our clients from initial steps to prevent destruction of key favorable evidence and making sure that the state follows their testing procedures, to handling preliminary court hearings. We then undertake the long and important process of determining through meticulous review and analysis of discovery material, if the state has enough evidence to prevail at trial.  We also use our own investigators and depositions to determine if there exists favorable evidence that shows our client’s innocence.  Of course when it is favorable to our clients, we make their voice heard at trial to make sure that the Jury understands, after we present our case, that the state has failed to meet their burden and the only option for the jury is to acknowledge doubt and find our clients not guilty.

 

Our lawyers have fought for our clients in more than 100 jury trials and have taken our clients cases to the Iowa Supreme Court multiple times.  We have also helped our clients with thousands of criminal cases that could have had life changing outcomes had the client’s case not been handled properly.  Criminal cases are too important to trust anyone but an experienced law firm.

 

It is critical that a lawyer be involved in the case as soon as possible as many protections afforded each citizen come with time constraints that if violated will cause that right to disappear.  Rights to file motions to produce; motions to suppress; motions in limine; requests for depositions and many other key aspects of criminal law representation come with time limits to invoke.  Don’t miss out on what could be the key aspect of your defense by waiting to consult with an attorney.  Call us for a free consultation today.

 

 

Why Do You Need An Attorney?

These questions, if not handled properly, could result in an unnecessary conviction.


Recent News

10-6-20: Nicholas Carda’s client had his driver’s license revoked while he was in the hospital for several weeks. The Administrative Law Judge agreed with Nick’s arguments that the unique circumstances of this case warranted a reversal of the DOT’s decision to immediately revoke his license without giving the client an opportunity for a hearing. The revocation was set aside so that the client may be heard.

 

10-2-20: Nicholas Carda’s client was charged with Child Endangerment in Poweshiek County. Nick worked diligently for the client on his case for over a year after the incident pointing out weaknesses , arguing facts and going through several hearings before the State finally agreed to dismiss the case. As the charge was dismissed, the client will be able to get it expunged from his public record.

 

9-16-20: Daniel Rothman argued that his client’s rights were violated when police officers in Dallas county made an illegal traffic stop and seizure of the client. The Dallas county judge that heard the matter, agreed and suppressed all evidence obtained by the state. As a result, the client’s OWI and weapons charges were dismissed with prejudice. Also, the IDOT must now withdraw the OWI sanction from the client’s DOT record and reinstate his driving privileges in full

 

7-10-20: Daniel Rothman represented a client who was charged with rioting charges related to a Black Lives Matter protest at Merle Hay mall. After seeing all the facts, the state realized that they could not prove the charges at trial and so they dismissed all charges. The defendant can also file a motion to expunge that fact that he was charged at all so that his record will be completely clear of this allegation.

 

5-21-2020: Daniel Rothman’s client was charged with domestic assault causing injury in Polk County. Daniel noted numerous issues with the state’s case. The prosecutor agreed to dismiss the case in its entirety and thereby cancel the no contact order. As the case was dismissed by the state the client will have no conviction and can even have the arrest and charge expunged off of the public record.

 

03-02-20: Daniel Rothman’s client took a deal for a public intoxication charge, that can be expunged off his record and will not effect his DOT record. Although he tested above the legal limit the jury refused to convict and after a mistrial was ordered by the judge, the State decided not to try the case again.

 

02-24-20: A Polk county prosecutor decided to offer a reduction to public intoxication, from the OWI charge, as they did not think they would win at trial. Although the client had a great chance to win the trial they decided to take the deal as they needed to move out of state for work.

 

9-4-19: Nicholas Carda’s client was charged with an assault in Polk County. Nick asserted a self-defense argument and discussed other flaws in the case with the prosecutor. The prosecutor agreed to dismiss the case in its entirety and even to have the state pay the court costs on the matter.

 

7-18-19: Nicholas Carda’s client was charged with Driving While Revoked in Boone county, and was facing jail time. After working diligently on the case for many months, the prosecutor dismissed all charges.

 

5-28-19: Daniel Rothman represented a client who was charged with aggravated misdemeanor child endangerment. Although the state made several offers to resolve the case they would not dismiss the matter. The client insisted on a trial or dismissal to clear her name. We showed numerous scientific and testimonial inconsistences to destroy the credibility of the state’s case. The client was found not guilty of all charges

 

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