Polk County Client Gets Two Domestic Abuse Assault Causing Injury Charges Dismissed

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 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.

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If you’d like me to represent you on your domestic assault causing injury charges (or other Iowa criminal offense charges), please call or text me at (515) 491 6128 to schedule an initial consultation.  Visit the “Contact” page for an online form that you can submit instead.  Please don’t share too much information about your case until I’ve had an opportunity to run a conflicts check and make sure it’s ethically permissible for me to represent you.

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Case outcomes are unique and fact-specific. They depend on the nature of the offense(s) alleged, the evidence available, the inclinations of the State’s attorneys and the presiding judge, the availability of any defenses, the client’s willingness and ability to pursue particular defenses, the availability and usefulness of defense witnesses, etc., etc., etc.

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When someone alleges that you have committed a public offense in Iowa, law enforcement will start an investigation.  If they believe there is probable cause to charge you, you could be taken to jail or a notice to appear that says when your court date is. If you are arrested, you will be read your rights and given an opportunity to call a lawyer or a law firm.

You will be taken in front of the judge for an initial appearance.  The judge will schedule a preliminary hearing. At the preliminary hearing, you or your lawyer will have the opportunity to ask a witness questions to establish whether probable cause exists to charge you with the offense.  At this hearing, the witness will be under oath. There are reasons that your attorney might suggest waiving the preliminary hearing. You should consult with them before making a decision.

Your attorney will let you know when you will next have to appear in front of the court.  This may be for an arraignment or you may be able to submit a written arraignment.

The county attorney’s office will review the information provided to them by the police.  They will determine what offenses to charge you with. You could be charged with a misdemeanor or with a felony.

Your attorney will let you know what the government is claiming you did, what your rights are, what the worst case scenario sentence could be, and how this could affect your criminal record. Your criminal lawyer will tell you more about the fines, terms of incarceration, and collateral consequences that might apply.
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