Case results

Clark & Sears Law takes pride in our efforts to get the best possible outcome for our clients. While all cases are different and no attorney can guarantee results,  below are some of the past successes our lawyers have achieved for our clients. To get a free initial consultation, call (515) 200-2787.

Case Dismissed Possession of a Controlled Substance
  • Carroll County

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 and suppressed all evidence from the search.

The case was dismissed with costs to the State.

  • Case Dismissed Possession of a Controlled Substance

    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 and suppressed all evidence from the search.

    The case was dismissed with costs to the State.

  • Charges Reduced Felony Domestic Abuse

    A defendant was facing Domestic Abuse Assault Third or Subsequent Offense. Third offense domestic is a Class D Felony. Iowa Code Section 708.2A(4) and 708.1(2) explain the charge.

    Instead of a felony, the defendant agreed to plead guilty to second offense domestic causing injury. Therefore, the plea was for an Aggravated Misdemeanor. The plea agreement was for probation instead of prison time.

    Class D felonies are sentenced to up to five years in prison. On third offense domestic assault, you have to serve at least one year. You can't have parole or work release before that year is over. (Iowa Code 902.13.)

    The maximum sentence for an aggravated misdemeanor is two years. The mandatory minimum on the offense is only two days. (Iowa Code 708.2A(7)(a).) Two days is much shorter than a year.

  • Case Dismissed Assault
    A strip club bouncer claimed a woman assaulted him. Attorney Katherine Sears argued it was self-defense. The prosecutor dismissed the case when the bouncer didn't show up for the assault trial.
  • OWI Suppressed, Case Dismissed Drug Metabolites OWI
    A defendant was facing OWI 2nd Offense.  Upon review of the evidence, it became apparent that the officer had demanded a drug test without probable cause. After that, Attorney Katherine Sears argued that there were seven separate reasons to suppress the evidence. The evidence was suppressed on the first argument. The other arguments were not addressed. With the evidence for OWI suppressed, the case was dismissed. The defendant's license revocation was also rescinded -- he did not lose his driver's license. Second offense DUI for drug metabolites is an aggravated misdemeanor. Aggravated misdemeanors in Iowa are punishable by up to two years in prison. Polk County, Iowa. 090045.
  • Judge Granted the Defendant's Request Sexual Abuse

    A defendant charged with Sexual Abuse needed a court reporter to take depositions and a private investigator to collect evidence on their behalf. Unfortunately, Iowa Code 815.1 -- which prevents defendants whose friends and family pay for their lawyers from getting state payment for these necessary services unless their lawyers earn no more than $63/hour -- got in the way.

    Attorney Katherine Sears argued on the defendant's behalf that Iowa Code 815.1 was unconstitutional as applied. She argued that the constitution guarantees defendants who don't have a lot of money public payment for reasonably necessary defense services regardless of how much their lawyer is paid.

    The lawyer argued that Iowa Code 815.1 violated the defendant's rights to effective assistance of counsel, to due process, and to equal protection of the laws. Finally, she raised a structural constitutional challenge. Katie Sears asserted that in denying state payment for these services, the government was defying its obligation to create a system of indigent defense that would provide "zealous advocacy" for criminal defendants.

    After some argument, the judge agreed that the law was unconstitutional in this situation. Thereafter, the judge granted the defendant's request for an investigator and for depositions at State expense.

  • Charge Dismissed 3rd Degree Sexual Abuse
    Shortly before trial, the charge was DISMISSED with prejudice in exchange for an Alford plea to a simple assault. Rather than facing trial on a Class C felony charge with a potential penalty of 10 years in prison, fines of $1,370 - $13,660, and sex offender registration requirements, the defendant entered an Alford plea to a simple misdemeanor and was fined $105. The defendant will be able to expunge the history of the felony charge. (An "Alford plea" is a guilty plea where a criminal defendant asserts that they are innocent.)
  • Charges Dismissed Robbery, Burglary, and Willful Injury

    A client was facing three counts:

    1. Robbery in the First Degree (Class B felony),
    2. Burglary in the First Degree (Class B felony), and
    3. Willful Injury Causing Serious Injury (Class C felony).

    Each Class B felony was punishable by up to 25 years in prison.  The Class C felony was punishable by up to 10 years in prison.  These were forcible felony accusations for which mandatory minimums would have applied.  For example, Robbery 1st convictions come with a mandatory minimum of 50-70%. (Iowa Code Section 902.12).  Someone convicted of Robbery First Degree would have to serve at least 12.5-17.5 years in prison before becoming eligible for parole.

    Attorney Katherine Sears argued in a brief that the alleged victim's identification was not reliable enough to amount to probable cause.  On the prosecution's motion, the case was dismissed without prejudice at the time set for preliminary hearing.

  • Charge Dismissed Supplying Alcohol to a Minor

    A client was accused of supplying alcohol to a minor. The police claimed that the defendant had confessed to the offense. However, the defendant’s conversation with the police was on video and did not include a confession.

    At trial, the prosecution agreed to dismiss the charge as long as the defendant isn’t convicted of another offense in the next six months. The defendant will be eligible to expunge the charge from their public record 180 days after the dismissal.

    The penalty for serious misdemeanor supplying alcohol to a minor would have been up to one year in jail and a fine. 

  • Not Guilty 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, the jury returned a verdict of Not Guilty for the client.
  • Charges Reduced Felony Child Endangerment Causing Bodily Injury, OWI Second Offense, and an Open Container Violation

    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 partial bottle of Captain Morgan rum on the floorboard out of their car.

    After successful pretrial representation, the endangerment charge was amended to a misdemeanor with a suspended fine. The open container ticket was dismissed.  All jail time was suspended except for 7 days.

  • Charge Dismissed / Probation Carrying Weapons and Eluding

    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 and a minimum fine on the eluding charge.

  • Charges Dismissed Two Counts of Domestic Abuse Assault Causing Injury
    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 & Sears Law, identified and made a Brady request for a police report that raised questions about the complaining witness's motives to to make dishonest claims. Both charges were dismissed with prejudice. Defendants who get all charges dismissed are eligible for expungement after 180 days.
  • Deferred Judgment Fraudulent Practice in the 1st Degree
    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 a deferred judgment over the State's resistance and was placed on probation. The client's civil penalty was suspended.
  • Misdemeanor Probation Felony Theft, Criminal Mischief, Burglary, and Trespass Case

    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 maximum penalties for conviction of those offenses would have totaled over a decade in prison and over $15,000 in fines.

    After a contested Motion in Limine seeking to exclude improper character evidence from the State, the defendant accepted a plea deal on the morning of trial. He entered an Alford plea to the offense of Trespass and was given a suspended sentence, one year of probation, and a $315 fine.

  • Deferred Judgment OWI Test Refusal

    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 to successfully negotiate a deferred judgment. Rather than a one-year license revocation, the defendant's revocation will last only 90 days.

  • Charge Reduced Domestic Abuse Assault With a Dangerous Weapon

    A defendant was facing Domestic Abuse Assault With a Dangerous Weapon. Because the government accused the defendant of using a knife, the charge was an Aggravated Misdemeanor. Aggravated misdemeanors can require up to two years in prison. At least two days in jail are required. That's why legal help is important.

    In order to develop the client's defense, we asked for the alleged victim's mental health records. Certain health issues can affect a witness's ability to accurately remember and talk about things. We also asked for a DNA analysis of the knife that the victim accused the defendant of using.

    The defendant took a plea offer. Instead of pleading to a domestic, they pleaded guilty to harassment in the third degree. That is a simple misdemeanor. The defendant got a $65 civil penalty. They accepted a deferred judgement. Once they finish probation, the charge will be expunged.

  • Charge Dismissed Assault Causing Bodily Injury

    The government accused a defendant of Assault Causing Bodily Injury, a serious misdemeanor. They claimed the defendant punched the alleged victim in the face after the alleged victim made disparaging racial remarks. The alleged victim had a gun and discharged a round of ammunition. Attorney Katherine Sears filed notice of intent to rely on justification or self-defense.

    The prosecution dismissed the assault charge, which is eligible for expungement.

  • Charge Dismissed Domestic Abuse Assault
    The government charged a man with domestic abuse assault. Defense attorney Katherine Sears raised the issue of self defense. The prosecutor dismissed the charges the morning of trial, after the jury pool had been seated.
  • Charge Dismissed Simple Assault

    The state accused a woman of trying to hit another woman during a dispute about their daughters at school.

    Attorney Katherine Sears filed a jury request and a notice of intent to rely on self defense. The State dismissed the assault charge.

  • Probation Animal Neglect

    The Animal Rescue League and the government accused someone of hoarding cats. The government charged the defendant with numerous counts of serious misdemeanor and simple misdemeanor animal neglect.

    The defendant entered an Alford plea. An Alford plea allows a person to state that they are innocent but want to accept a plea deal anyway.

    The judge granted a deferred judgment on a single count. The defendant paid the minimum fine and completed probation in six months. The charges are eligible for expungement.

  • Charge Dismissed Providing Alcohol To A Minor

    A client was accused of supplying alcohol to a minor. The police claimed that the defendant had confessed to the offense. However, the defendant’s conversation with the police was on video and did not include a confession.

    At trial, the prosecution agreed to dismiss the charge as long as the defendant isn’t convicted of another offense in the next six months. The defendant will be eligible to expunge the charge from their public record 180 days after the dismissal.

    The penalty for serious misdemeanor supplying alcohol to a minor would have been up to one year in jail and a fine.