Skip to main content
No photo

Daniel El-Dweek’s Answers

4 total

  • Can my possession of drug paraphernalia case get dropped due to unlawful entry or illegal entry?

    Police had entered the apartment when I had said no I need a warrent but they forced thier way in but didn't start searching till the actual warrent got there.

    Daniel’s Answer

    There are circumstances in which an officer can enter your apartment without a warrant and with no permission. To determine if any of those circumstances apply, an attorney would need to know more facts about your case. However, the general rule is that a warrant is required to enter a home. The remedy to an illegal search is suppression, which means that any evidence obtained illegally could not be used against you in a criminal prosecution. However, this does not necessarily mean your case is dismissed automatically. It would depend on what evidence the Court decides to suppress. Sometimes a suppression motion is filed and the Court decides that only part of a search was illegal, but not the entire search. This can still be favorable because the exclusion of the illegal evidence can make a case more difficult for the State to take to trial, or can result in some charges in your case being dismissed. In sum, it will be important for you to speak to a lawyer to go over your case for an evaluation of the possible legal issues.

    See question 
  • Caught shoplifting but they just asked at the door for the two items totaling 15.00 and said never return

    Do I have anything to worry about?

    Daniel’s Answer

    Count your lucky stars. It may still be possible (though not likely) that you could be charged with this, if the store has proof of shoplifting and that was turned over to the police. If you return to the store, you run a much higher risk that the police will be called. This time, you might not be so lucky, because some stores have corporate policies that require managers to call the police, no matter the amount of theft. Stay away from the store and keep a theft off your record.

    See question 
  • What is the likelihood of being put on supervised probation for a 4th degree dui?

    No priors, clean record

    Daniel’s Answer

    As far as supervised probation, it really depends on the sentencing practices of the judge. However, a first time DWI offender can expect to complete a chemical assessment, and be require to file proof of completion of those recommendations. Failure to file proof of completion can result in being hauled back into court. Supervised probation for someone with no prior contact with the criminal justice system for a 4th Degree DUI is very unlikely, but not impossible.

    As the other contributors have noted, there are many collateral consequences that can stem from a DWI conviction, even if it is the very first time. License suspension is an entirely different process separate from the criminal matter which will need to be handled promptly and with the skill of a diligent attorney.

    See question 
  • What if you have an OWI in iowa and you move to Missouri or somewhere? and you miss court? will you get in trouble in Missouri?

    what will happen when your in missouri?

    Daniel’s Answer

    Indeed, there will be a warrant for your arrest, and depending on the severity level and decision of the prosecuting authority, you may be held in jail in Missouri until Iowa decides if they want you to be returned. Also, you should consult with an attorney because Missouri may have its own "fugitive from justice" offense, which, at least in theory, get you in trouble in Missouri.

    See question