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Assault Causing Injury Dismissed

Page County, Iowa — A Clark and Sears Law client’s assault causing bodily injury charges were dismissed.  The client was accused of punching someone in the face and breaking their nose. Attorney Katherine Sears raised the issue of self-defense.  The State agreed to dismiss the charge in the interest of justice.

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Marijuana Second Offense

Possession of Marijuana, Second Offense. The second time you’re convicted with possessing a controlled substance (marijuana) in Iowa will be an aggravated misdemeanor or a class “D” felony. The difference here will be in how many priors for possession, tax stamp, and precursor offenses you have, and whether all of your priors were for possession…

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Marijuana First Offense

The first time you’re convicted of possessing marijuana in Iowa, the charge will be a serious misdemeanor — as long as you don’t have prior convictions for possession of other controlled substances, tax stamp violations, or precursor violations. If you have prior convictions but not prior possession of marijuana convictions, figuring out exactly what you’re…

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Drug Charges

Drug arrests are super common and Iowa has some of the most draconian drug laws in the country.  While other states are moving toward acceptance of previously-illicit substances as valid medicinal and/or recreational options, Iowa will still mar your record, take your money, and lock you up.   If you’re facing Iowa drug charges, find a…

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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. I graduated from Drake Law School in 2017. During my third…

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63% – 2019 Results-to-Date

I went through and counted my 2019 stuff. 63% dismissals, dismissal agreements, deferred judgments, deferred prosecutions, diversions, and acquittals so far in 2019. I’m pretty okay about that. (Counting only criminal defense cases started and finished in 2019 as of today. Not counting traffic offenses or probation/parole violation issues.) (Past performance does not indicate future…

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Traffic Stops

Des Moines Traffic Attorney If you’ve been stopped by the police and charged with a crime, or even if you’ve just been stopped and are feeling a little weird about it, you may have questions about whether the police were playing “by the rules” and whether you made things worse for yourself by complying with…

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First OWI Lawyer

Polk County Iowa First OWI Attorney If you’ve been charged with an OWI for the first time (an OWI is what Iowa calls a DUI), you’re facing a lot.  You need a criminal defense attorney who can review your case to see if some evidence could get suppressed or if the case could even be…

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OWI Forms and Resources

If you’ve been charged with an Iowa OWI — operating while intoxicated, DUI, DWI, drunk driving, whatever — here are some forms and laws that you might find relevant to your defense and to your alleged offense. DOT Request for DOT Hearing to Contest License Revocation Request for Temporary Restricted License / Work Permit  OWI…

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Alcohol Crimes

Everyone makes bad choices sometimes. Getting behind the wheel while you’re impaired is a bad choice — but getting convicted of something like an OWI could cost you a lot. Whether you’ve gotten caught making a bad decision or whether you’ve been unjustly accused, finding a lawyer to help you with your (alleged) drinking offense…

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Misdemeanors — Iowa Crimes

Criminal Law >> Iowa Criminal Process >> Misdemeanors and Felonies Iowa classifies crimes as “felonies” or “misdemeanors.”  A felony can be a class “A” felony, class “B” felony, class “C” felony, or class “D” felony.  A misdemeanor can be a simple misdemeanor, a serious misdemeanor, or an aggravated misdemeanor. Statutes that define crimes may tell…

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Insanity Defense in Iowa

Criminal Law >> Iowa Criminal Process >> Insanity Defense Mental Health and the Insanity Defense If you’ve had mental health issues in the past and are charged with a crime, you may have wondered about whether the insanity defense could help you. The answer is, with very few exceptions, probably not. After John Hinckley tried…

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