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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If you want me to represent you when you are charged with a crime, we can discuss it. You can call or text me at (515) 491 6128. We can schedule an initial consultation.  At your consultation, we talk about what you're accused of.  We can discuss whether any facts might help get your OWI suppressed.  We also talk about how much it would cost to have me be your lawyer.

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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.

The justice system is notoriously unreliable.  Hiring an attorney can change the outcome of your case. That is evidence that “justice” is a squishy and subjective concept.  Bias and human error mean that any notion of objective “justice” is entirely illusory.

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What happens if I'm charged with a crime?

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.

A judge will see you for the first time at your initial appearance.  The judge will schedule a preliminary hearing.

At the preliminary hearing, you or your lawyer can ask questions of witnesses. The witnesses will be under oath. Your lawyer might try to show the Court that there is no probable cause.

Your attorney might suggest waiving the preliminary hearing. Waiving a hearing means deciding not to have it. Before you decide, talk to your defense lawyer.

Your lawyer will tell you about your next court date. Often, your next court date will be an arraignment.

Police will provide reports to the prosecutor. Next, the county attorney's office will review these reports. Then, the prosecutor will decide what to charge you with.

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.

How can a lawyer help?

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.

Next, your law firm will give you legal advice. A lawyer will explain the pros and cons of going to trial. After you understand, you will decide what to do. You are the only person who can decide whether you will go to trial.

Finally, you might have reason and an opportunity to appeal if you're convicted.  People can appeal both convictions and sentences. Also, people appeal to say the laws have constitutional problems.  Your lawyer can advise you on whether to appeal.  They can file a notice of appeal for you.

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.

 

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