KATHERINE SEARS
- To quote another lawyer, “just because you did it doesn’t mean you’re guilty.”
- Similarly, just because you’re innocent doesn’t mean they’ll believe you.
- That’s why you need a lawyer to help you protect yourself when you’re accused of a misdemeanor or felony in Iowa.
Organizations:
- Iowa State Bar Association
- American Bar Association
- Polk County Bar Association
- National Association of Criminal Defense Lawyers
ATTORNEY Q&A
My boyfriend is 19 and I’m 16 and in February 2021 he will be 20, we have no sexual content ?:
My mom found out about our relationship and she doesn’t want me to date him because of his age, and she threatened to call the police on him. But in reality his real age is 17 because we was from the Middle East, but unfortunately he has a fake age and so does the rest of his family members. Unfortunately they do not have documentation of his birth certificate, and me and him are still dating at this moment I just need someone to answer my question so I’m less stressed about it.
Katherine’s answer:
You can be “dating” in your mind — there’s nothing that can stop you guys from deciding that you are in a relationship — but you can’t have any sort of contact or communication with him over your parents’ refusal. You can’t go out with this guy if your parents say “no.” You can’t speak to him if they say “no.” You don’t have any sort of constitutional right to a cellphone or to a boyfriend or to anything like that.
If he’s here illegally, then yes, anyone (including your mother) can obviously call the police and report that he’s here illegally. You could be the reason your boyfriend is arrested and subject to adverse immigration action. That would be really terrible for him and for his family. If you care about this guy, you need to act like an adult and not make choices that will subject him to harm.
Essentially, your parents say the relationship is over, so it’s over.
Can I get in legal trouble because of this?: I posted a video of me sending cup pong to my ex girl friend right after she told me she slept with another person.
Katherine’s answer:
Please proofread your question and try again; I honestly don’t understand what you’re asking. Alternatively — and more advisably, if your question contains any admissions of guilt — try speaking directly to an attorney about it.
I found a phone and tried to sell it in a kiosk..found out its stolen. And the cops got called ..will i go to jail?:
Found a phone ..didnt know it was my cousins girlfriend’s. I tried to sell it in the kiosk and now the cops got called.
Katherine’s answer:
Whether or not you’ll be convicted depends on a lot of things. Sentencing, similarly, will depend on everything from the judge’s temperament to the sentencing preferences in that county to whether you’ve got prior criminal history. Find a lawyer. Don’t make admissions online like this. Do not discuss this with police without your lawyer. Do not discuss what happened with anyone other than your lawyer. Statements you make that are not covered by privilege may be admissible against you.
John is NOT currently working as an attorney or accepting new clients. The block of answers below is still there as a placeholder and nothing in them should be taken as legal advice.
How much time is 5 years sentencing for sexual case: Sex offender
Johnathan’s answer:
In 2018 offenders did an average of 36.5 months in prison for Class D (five year) sex related felonies. This is an AVERAGE, and an individuals parole eligibility depends upon a variety of factors. As other attorneys have stated, someone could serve the entire 5 year term.
Also, even if someone is released from prison early, they may be required to comply with a number of other requirements, including parole, a “special sentence” for certain sex related crimes, or register on the sex offender registry.
Does Iowa allow search incident to citation?: Does Iowa code allow police officers to search incident to citation for traffic violations.
Johnathan’s answer:
No, a search incident to citation is not allowed. The Supreme Court held this violates the Fourth Amendment of the U.S. Constitution in Knowles v. Iowa.
If you’ve been accused of something and feel the search was unlawful, you should absolutely schedule a consultation with a criminal defense attorney.
Drug possession, distribution and felon in possession of a firearm charges for 2 people in a car and other person will not fess :
My partner of 17 years was recently arrested on 12/18/18 along with a passenger in his vehicle for felon with possession of firearm and drug charges. The codependent with him whom he thought was his friend had drugs and a gun un be known to Randy. When pulled over and Randy was outside of the car speaking to officers, Corey, whom was still in the car, took his drugs and slid them behind Randy’s seat (driver seat)and took his gun from his person and placed it in the center console in open view. He was then asked to step out of the car, where he blamed everything on Randy. Corey has a felony drug history that put him in prison for a long time before and he knows he will serve 50 years or more if he takes responsibility for his actions therefore is blaming Randy. Randy has a public defender whom is not helping him. Any recommendations on getting Randy’s charges dismissed?
Johnathan’s answer:
I can see why you feel like the public defender might be unhelpful if you want the charges dismissed. From what you’ve told us, a dismissal is unlikely unless either (1) Corey takes complete responsibility or (2) there is a reason to suppress the evidence. Because the gun was in plain view in a car, suppression is incredibly implausible.
Unless he’s ready to take a plea deal, Randy should make sure the attorney that’s going to represent him is prepared for trial.