Franklin County, Iowa — A Clark and Sears Law client was charged with felony Child Endangerment causing bodily injury, OWI Second Offense, and an Open Container violation after officers claimed to watch the client back their car out of a ditch and hit a three year old child with an alleged .338 BAC and a…
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.
If you’ve been charged with third offense marijuana possession, you’re probably familiar with (and likely a little tired of) the next steps in the criminal process. The third time you’re convicted of possessing marijuana in Iowa (and every time after that,) the charge will be an aggravated misdemeanor — as long as you don’t have…
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…
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…
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…
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…
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…
Polk County, Iowa — Client was charged with Assault after giving a ride to someone who later claimed that the client had grabbed them. At trial, attorney Katherine Sears brought attention to an irregularity in the evidence provided by the complaining witness. After hearing the evidence in the case, the jury returned a verdict of…
At an Iowa arraignment, the State formally tells you what crimes they’re accusing you of. Here’s what you need to know.
Carroll County, Iowa — A Clark and Sears Law client was accused of Possession of a Controlled Substance (Marijuana) after police arrested the driver of a vehicle and searched the car over the client’s objection. Attorney Katherine Sears argued that the search had been illegal and violated the client’s Fourth Amendment rights. The judge agreed…
Keokuk County, Iowa — A client charged with Fraudulent Practice in the 1st Degree, a Class C felony punishable by up to 10 years in prison and a fine of up to $10,000, avoided a felony conviction when lawyer Katie Sears negotiated a plea for a lesser charge. At the sentencing hearing, the client received…
As an American, you may have a right to annoy. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person [. . .] [c]ommunicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm. –…
Expunge or Seal Your Record Iowa Code Chapter 692 concerns “criminal history and intelligence data.” If you want to make some of that information from your past less visible to friends, family, and potential employers. you may want to expunge your record. Did you know that your court history can be seen online? Anyone can…
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…
Third OWI If you’ve been convicted of a second OWI (Iowa’s DUI) offense in the last twelve years and are being charged with OWI now, this is your “OWI, third offense.” (By way of comparison, if you’ve had other OWI(s) before, but the convictions happened more than twelve years ago, you’re getting charged with first offense…
Second OWI If you’ve been convicted of one other OWI (Iowa’s DUI) offense in the last twelve years and are being charged with OWI now, this is your “OWI, second offense.” (By way of comparison, if you’ve had another OWI before, but the conviction happened more than twelve years ago, you’re getting charged with first…
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…
Cocaine Lawyer in Des Moines, Iowa If you’ve been charged with possession of cocaine or another coke crime in Iowa, call Katherine Sears at (515) 491 6128 for a free initial consultation. Cocaine Possession To convict in Iowa, the county attorney will be trying to prove beyond a reasonable doubt that you: Possessed cocaine and…
Methamphetamine Lawyer in Des Moines, IA Your outlook if you’re charged with a methamphetamine crime in Iowa isn’t great, especially if you did anything with meth anywhere near children or even in a house where children live. Meth possession has really serious consequences and you need a criminal defense attorney ASAP. Narcotics investigations can have…
Bench Warrants If the police pull you over and run your license and you’ve got an outstanding warrant, your afternoon is not going to go the way you’d hoped. A “bench warrant” is a warrant for your arrest that’s been issued by the “bench” (by the judge.) It means that a judge has directed police…
Probation Violation Attorney in Des Moines If you think your probation officer thinks you violated your probation — or if that warrant or notice of revocation hearing has already been issued — go ahead and call a criminal defense attorney to talk about your options. We represent clients on probation violations throughout Iowa, including in…
If you’ve been charged with pot possession in or around Polk County, Iowa, we can help out as your Iowa marijuana possession lawyers. Marijuana possession is possibly the most common charge we see — it seems like Iowa’s population has rejected the Reefer Madness mentality of Anslinger and progeny. Nonetheless, our legislature is still mired in…
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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“OWI” is what Iowa calls what lots of other states call a “DUI” or “DWI.” If you’re looking for a DUI lawyer or a DWI attorney but you’re in Iowa, what you’re actually looking for is OWI defense. Here are links for more in-depth talks on things you should know about: OWI is a…
What is an arrest in Iowa and what should you do when you’ve been arrested? You probably think you know what an “arrest” is, but determining exactly when someone was arrested is often argued about in criminal proceedings. There isn’t a bright-line test to determine whether someone has been arrested. There’s no one thing you…
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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…
Criminal Law >> Iowa Criminal Process If you’ve been charged with a crime in Iowa and are considering criminal defense options, here’s a step by step guide to what’s gonna happen. Whether or not you retain a defense lawyer, you need to know what will happen next. Detection of Crime In order to stop you,…
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…
Presentence investigations are the first step in many criminal sentencings in Iowa. Here’s an overview of the Iowa presentence investigation process.
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…
Criminal Law >> Iowa Criminal Process >> Search and Seizure Evidence Suppression for Case Dismissal If you’ve been charged with a crime in Iowa, your attorney will consider the details of your case before advising you about what to do. Many police searches require warrants, but some don’t. If police did something wrong, some evidence…
Do you need to hire an attorney? Is the idea of pro se representation appealing or overwhelming? The idea of paying an attorney may be daunting. When you’re facing legal trouble, it may be tempting to try to handle it yourself — after all, the legal system *should* be set up so that any citizen can…