So I was arrested with Cannabis & I had a scale and a pipe. This is the first time I've ever been in any sort of trouble but I haven't received or heard anything about my case. What are the laws or rules shouldn't I have received something by now?
Were you served a citation, did you bond out or did you see a judge? If so, you should have received a court date. If paperwork was misplaced or not given to you, you can put your name into Iowacourts.gov and see if your case is listed online yet. If so, the next court date will be listed under that case number. You can also contact the clerk of court of the county you are charged in to see if they have a court date listed for you.See question
DUI conviction 3rd offense in FL. Now living and working in IA. Need transportation to and from work.
It will depend on the restrictions in Florida because Iowa will normally honor those. If you qualify for a restricted license in Florida you can change your residency to Iowa and apply for a restricted license here. If it was your 3rd offense in 12 years though, the Iowa DOT may still require a year of your revocation to have passed before you can obtain a restricted license. You will also need to have an ignition interlock device installed and SR22 insurance.See question
got a dui a year and half ago. Just got letter from County saying it has been expunged.
Yes, you will still need to maintain SR22 insurance even though your OWI has been expunged. Iowa law requires that you maintain SR22 insurance for two (2) years following an operating while intoxicated licenses suspension. This is a Department of Transportation requirement which is separate and distinct from the criminal portion which involved your deferred judgment. The DOT will send you a notification of when the SR22 requirement is removed.See question
My husband was charged in 2000 of sex abuse 2 nd degree and is tier 3 on registry. He has never been in trouble since this incident and we are married with 2 kids. He's an amazing person who made bad choices when he was young, but our kids are pay...
Contact Scott Michels at GRL Law in Des Moines. He specializes in this area. Here is a link to the eligibility requirements. http://www.grllaw.com/criminal-defense-division/sex-offender-registry-modification/default.aspxSee question
2 cousins admitted to the police about lying about their ages to get a man to sleep with them. When the grandmother of the girls found out, she called 911. the man is now being charged with class c felonies on 2 counts. This was in Iowa. The guy c...
Whether a person should plead guilty or not is a recommendation that only the individual's lawyer with knowledge of the facts of the particular case is competent to make. To answer your question though, 16 is the age of consent in Iowa (15 - 14 and the other participant must be less than 4 years older). Here is a resource that spells out additional ways this offense may be charged.
(http://www.grllaw.com/criminal-defense-division/charges-offenses/sexual-abuse-rape/). Intent is not an element of that offense and technically being lied to is not a legal defense to the charge in those situations. Many times these cases come down to whether or not the State can prove that a sex act took place. Mental health and intent may be a relevant factor for sentencing (although many of these offense require prison) but the Sex Offender Registration requirements are mandatory and are triggered simply by the conviction.
August 2015, vehicle accident. taken to Hospital and was treated for injuries. while there State patrolman attempted to ask questions and get me to blow in hand held device. I was drugged and unable too. he asked for blood test and I refused. I wa...
Your drivers license should NOT have been disqualified if you only refused a blood draw request. In Iowa you have a right to refuse a blood draw and your driving privileges cannot be disqualified for that refusal. In that situation the officer is required to then request a urine sample which if refused, does result in a license suspension. I strongly suggest that you check the status of your driving privileges with the Department of Transportation. Also, the statute of limitations for OWI in Iowa is three years. If they have not charged you yet, I agree with Ms. Knight that chances of you being charged now are low.See question
I was involved in an accident on January 9th 2017, the police couldn't get the report on time until January 18th 2017, after 1 week. When the other driver's insurance contacted me i told them that I needed car for my work, they told send me to Ent...
A rental car may be covered by your own insurance plan but the at-fault driver's insurance provider is not legally required to provide you with a rental car. If the insurance company does not agree to pay for the rental for a reasonable time, that cost would be something you would pay upfront but that would then be a reimbursable expense as a damage incurred due to the fault of the other driver. Ultimately, the at-fault parties insurance company will usually be required to pay it at the end of the day which is why a sensible insurance company will usually agree to pay for the rental car on the front end for a reasonable amount of time.See question
I was arrested on October 8th for a OWI I refused to take the breathalyzer test at the station. The officer took my license he gave me the temporary licence paper work. I called the DOT today January 17 and they still have no record of me getting ...
Unfortunately there is no statute of limitations for law enforcement to file the license disqualification paperwork with the DOT in Iowa. If the officer does not file the test refusal disqualification with the DOT, the DOT has nothing to take action on. It is a huge inconvenience for you because you will want to keep checking the mail to make sure that if a notice is sent to you that you have it in time to know not to drive after the revocation takes effect. You could contact the law enforcement agency and see if you can jump start that process and get it started. If the suspension does take effect, you do have the right to appeal it however, the appeal must be filed within 10 days of being served the notice of revocation. Also, if you are convicted of operating while intoxicated that may trigger the DOT sending you the disqualification at that point in time as well.See question
Will my charge be changed when I go to my initial appearance or will they not find those!
Iowa has a 12 year look-back period meaning that any prior conviction in any other state for an offense substantially similar to Iowa's operating while intoxicated offense may be counted as a prior for enhancement purposes. A second offense (whether your priors are in another state or not) in Iowa is punishable by a mandatory minimum 7 days in jail. A third offense becomes a class D felony punishable by up to 5 years in prison and a mandatory minimum of 30 days in jail.See question
Got owi in beginning of 2012. I left state after my wife passed away. Wasn't able to get to hearing and bench warrant was put out on me. That was in 2013 which caused my license to be suspended. I had warrant lifted in the beginning of 2015 and ...
It all depends upon when the formal charges were filed. If the Trial Information is not filed within 45 days of your arrest (if you were arrested) the case is subject to dismissal. Also, if charges are not brought within 3 years of the incident the prosecution is barred by the statute of limitations. It sounds like the charges were filed within the three year statute of limitations but that doesn't mean that the Trial Information was filed on time. Also, taking prescription drugs pursuant to a valid prescription and in compliance with the doctors orders is an affirmative defense to operating while intoxicated by way of prescription drugs. You are going to want to retain an attorney to assist you on this.See question