You have the right to peaceful assembly! Before you go off to your protest, no matter how peaceful and civil you plan to be, take some precautions. People are protesting the government for a reason — the government is not the just and benevolent entity it often pretends to be. Find a Des Moines unlawful…
If you’ve been accused of participating in a violent or destructive assembly, whether in pursuit of long-awaited and millenia-overdue racial equality or because you were real mad that a sports team did or didn’t win a game, you may find yourself charged with Riot, an aggravated misdemeanor in violation of Iowa Code Section 723.1. You…
Polk County, Iowa — A defendant charged with OWI, First Offense, was ineligible for a deferred judgment because of a DataMaster result in excess of .15. Attorney Katie Sears successfully argued that because of a section 804.20 violation, the test refusal was invalid and should be suppressed. With the test refusal suppressed, we were able…
Tiers of Iowa Sex Offenses If you are charged with sexual abuse or another sex crime or if you’re trying to determine whether you’re eligible for sex offender registry modification, your sex offense tier will become relevant. The tier of your sexual offense will also affect your registry requirements. Iowa classifies sex crimes into three…
Previously, most Iowa crimes sentenced in adult court were not eligible for expungement. (“Expungement” is when a part of your record gets sealed in a way that means it isn’t readily visible to the public anymore.) In order to have an offense expunged from your Iowa record, it had to be one of a very…
On March 17, Iowa Governor Kim Reynolds issued a State of Public Health Disaster Emergency in response to the COVID-19 coronavirus. The Iowa Supreme Court has entered several orders suspending some — but not all — court proceedings and changing the procedure for many others. Here’s what you need to know about proceeding with Iowa…
Getting convicted of sneakin’ around on other people’s property is a good way to raise employers’ eyebrows. Trespass convictions can impact your employment. Also, they’re expensive and will show up on Iowa Courts Online if someone ever feels like Googling you to find out what you’ve been up to. If you’re accused of trespassing, an…
Criminal mischief is sometimes called “vandalism.” It can be a misdemeanor or a felony. Conviction can impact your employment — people tend to assume vandals are inclined to destroy things in a petty or vengeful mood. If you’re accused of criminal mischief, particularly of felony vandalism, you need an Iowa criminal mischief lawyer to help…
Chapter 910 of the Iowa Code governs restitution payments after you’ve been convicted of an offense. Des Moines Restitution Lawyers If you’ve been ordered to pay an outlandish and unfair amount of restitution, a Des Moines restitution attorney may be able to help you at a hearing to reduce your restitution obligation to a fair…
Story County, Iowa — A defendant was charged with Theft in the Second Degree (Class D felony), Criminal Mischief in the Second Degree (Class D felony), Third Degree Burglary, and serious misdemeanor Trespass after a local property owner caught photos of someone they claimed to recognize as the defendant stealing diesel on his property. The…
Polk Count, Iowa — A Clark and Sears Law client was charged with two counts of domestic abuse assault causing injury from alleged incidents three months apart. Attorney Katherine Sears undertook extensive pretrial investigation, ensuring the availability of favorable witnesses at trial. Clark and Sears Law, PLLC, identified and made a Brady request for a…
Nobody trusts an arsonist. If you’re the sort of person who burns things down when they don’t get their way or if you can’t manage not to blow things up, people aren’t likely to want you around. You could lose your job and have difficulty finding another one. You could lose your social connections and…
If you are charged with a misdemeanor or a felony for fraudulently getting something by pretending to be someone else, you need identity theft defense help. As technology improves, digital theft is becoming more common. Identity theft is a crime involving using someone’s personal information, such as their credit card number or social security number,…
Receiving stolen property is theft under Iowa law. You could be charged with a misdemeanor or a felony if you exercise control over stolen property and knew or had reasonable cause to believe that the property had been stolen. The only valid purpose for exercising control over stolen property is to promptly restore it to…
Theft convictions could lead to large fines, jail time, restitution payments, and employment problems. Des moines theft lawyers can explain more possible consequences. Employers don’t trust people convicted of stealing things — especially not when people have felony theft convictions. You may find that employers, friends, and family won’t trust you around money or things…
Accusations of property crime could lead to large fines, jail time, restitution payments, and employment problems. Employers won’t trust you around money or things of value. Banks might not trust you with loans. You can’t afford to be seen as a thief — not if there’s any way to clear your name. Maybe the property…
If you’ve been accused of sexual assault, you’re being confronted with the “r” words. A conviction could result in getting branded as a rapist for the rest of your life. Depending on the offense, you could be looking at up to life in prison. In addition to thousands of dollars in possible fines and years…
Sometimes. people panic when they’re suddenly confronted by police officers arresting them or executing a warrant. Sometimes, people who are panicking do things that they usually never would and end up charged with “Interference With /official Acts,” which is often called “resisting arrest.” Depending on what the State can prove happened, an Interference charge can…
Having a felony on your record dooms most people’s employment prospects. A forcible felony conviction may be even more damning — a forcible felonies will make you seem like a violent, scary person. Conviction could cost you your job, your friends, and your reputation. Des Moines Forcible Felony Lawyers At Clark and Sears Law, PLLC,…
Disorderly conduct is a simple misdemeanor, which means it’s one of the smallest offenses you can be charged with. Nonetheless, if you want to keep your criminal record clean, this is still a charge worth fighting — and depending on what kind of disorderly conduct you’re accused of committing, there are some solid First Amendment…
There are two types of “habitual offender” statutes in Iowa. If your charge involves driving on a barred license, don’t panic. A habitual offender lawyer is a good idea, but you’re facing an aggravated misdemeanor, not a felony. For anyone charged with a Habitual Offender felony offense, you are facing something very serious. These rules…
If you’ve been accused of committing a serious crime, you should consult with an Iowa felony lawyer right away. An attorney familiar with Iowa felonies can help you minimize or avoid prison time, fines, and other unpleasant consequences. Unless you’ve received a deferred judgment, it’s very unlikely that a conviction or guilty plea will ever…
If you’ve been accused of assault, domestic, or another violent crime in Iowa, you need an Iowa assault attorney. A conviction or guilty plea could affect your employment and make it harder for you to find a job in the future. Landlords might not be willing to rent to you, making it harder for you…
If you’re facing misdemeanor or felony charges, you may be facing an uphill battle. Often, the abuser is the one who called the police after a victim hit back and is using the criminal process as a control technique or as a punishment. Maybe you did something in self-defense. Maybe you did something but the…
Police departments steal money and property. They call it “asset forfeiture.” If the State is trying to steal your stuff, you need an Iowa asset forfeiture lawyer. Iowa law enforcement agencies had collected more than $55 million and more than 4,200 vehicles since 1986 using the state’s forfeiture law. Des Moines Register The Iowa Forfeiture…
Sex Offender Registry Modification Lawyer in Des Moines, Iowa Sex offender registry modification could make your life much less stressful. If you’re required to register as a sex offender in Iowa, you may find yourself struggling to find a place you’re legally allowed to live. You may be precluded from picking your kids up from…
Iowa Deferred Judgment Lawyer If you’ve been charged with a criminal offense in the State of Iowa, you may be eligible for a “deferred judgment.” Am I eligible for a deferred judgment? Depending on your criminal history and the type of charges you’re facing, you may be eligible for a deferred judgment. Both misdemeanors and…
Carroll County, Iowa — After witnesses claimed a Clark and Sears Law client threatened them with a gun at a gas station, the police initiated a high speed chase that ended in charges of Carrying Weapons and Eluding. Attorney Katherine Sears found a statutory basis for dismissing the Carrying Weapons charge. The client received probation…
Iowa’s Boating While Intoxicated laws are basically the same as Iowa’s OWI drunk driving laws. If you’ve been charged with Boating OWI (operating a motorboat or a sailboat while under the influence of drugs or alcohol,) you’re facing a lot of the same consequences that you’d be facing for DUI. You have a right not…
Wrongly convicted? Sometimes, innocent people plead guilty. Sometimes, innocent people are convicted for a judge or jury. I get frequent phone calls from people who want to know, sometimes years later, whether they can “expunge” their records (probably not, in most cases) or have their conviction overturned. Prior to 2018, the veracity of a plea…
Polk County, Iowa — A Clark and Sears Law client was charged with possession of a controlled substance (marijuana), a serious misdemeanor, and with possession of paraphernalia, a simple misdemeanor. Successful pretrial negotiation and the client’s cooperation yielded dismissal of the drug possession charge. They received no jail or probation time on the paraphernalia charge…
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 and brought attention to evidence that the alleged “victim” was the aggressor. The State agreed to…
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…
You may need a harassment lawyer for your new misdemeanor charge — I do eventually want to appeal the constitutionality of this statute, so if your charge is a good fit for my argument, let’s get ready to write some legal briefs. Anyway. Iowa law defines three classes (or “degrees”) of harassment. First and second…
Accusations of violent crime could lead to large fines, jail time, restitution payments, and employment problems. Employers won’t trust you around around customers or coworkers. Your significant other might be uneasy around you. You can’t afford to be seen as a scary, violent person — not if there’s any way to clear your name. Maybe…
Iowa drug charges Iowa Drug Charges Iowa drug charges can be rough. The State treats addiction like a criminal issue rather than a social/health concern and the “land of the free” likes to be “free” to control adults’ substance use choices. If you’ve been accused, you need an Iowa criminal lawyer for your controlled substance…
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. If you’d like me to represent you on your Iowa criminal charges, please call or text me at (515) 491 6128 to schedule an initial consultation. …
Polk County, Iowa — Client found not guilty of assault. 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,…
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…
Iowa 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…
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 one of the most common charges we see — it seems like Iowa’s population has rejected the Reefer Madness mentality of Anslinger and progeny. Nonetheless, our legislature is still mired…
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 1stOWI 2ndOWI 3rdWhat can a DUI Lawyer do for me? A DUI attorney can: Meet you at the police station after your arrest and advise you about whether you should take the Datamaster test or not Offer you a free initial consultation so that you can determine whether you want to establish an attorney-client…
Iowa Arrest 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…
Criminal Law >> Crimes and Charges in Depth >> Drug Crimes Des Moines, Iowa Drug Crimes Lawyer If you’ve been accused of simple possession of a controlled substance, drug trafficking or possession with intent, or OWI DUI, public intoxication, or illegal drugs offenses involving a motor vehicle, you are now a defendant in a criminal…
Everyone makes bad choices sometimes. Drinking and driving is a bad choice — but it appears to be a very popular bad choice in Iowa. If you’ve been charged, there’s no changing the past. All you can do now is try to limit the damage that the evidence can do to you. A conviction for…
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 will happen. Stages of Iowa Criminal Defense Detection of Crime In order to stop you, police need “reasonable suspicion.” In order to arrest you, police need…
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. On July 15, 2020, the penalties…
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 Law enforcement agencies are always looking for probable cause of criminal activity to justify seeking an Iowa search warrant. If someone completes a search warrant affidavit that gives the police department probable cause to believe that you’re engaged in criminal…