Robbery, Burglary, and Willful Injury Dismissed

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.


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Polk County, Iowa. 356125.

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Outcomes -- Can I get my robbery case dismissed?

Case outcomes are unique. The facts determine what will happen.  Not everyone can have their robbery, burglary, or willful injury charges dismissed. The allegations, the evidence, the witnesses, lawyers, judges, and jurors, and your willingness and ability to pursue particular defenses all affect what will happen.

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Law enforcement will start an investigation when someone alleges that you have committed a public offense in Iowa.  If the police believe there is probable cause to charge you, they will take you to jail. Instead of taking you to jail, they might give you a notice to appear. Your notice to appear tells you when your court date is.  If you are arrested, an officer might read your rights to you. After that, you can call a lawyer or a law firm.

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Your attorney will tell you what the government is claiming that you did. They will explain your rights. Then, they will tell you what the worst-case scenario is. This means that they will explain the fines, terms of incarceration, and collateral consequences that might apply. In other words, your lawyer will explain how this could affect your life.

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The court of appeals hears appeals. So does the Iowa Supreme Court. If you think you should appeal a decision in your case, ask your criminal defense attorney for more information.