Handling Iowa Criminal Charges from Out-of-State

Many people charged with criminal and traffic offenses in Iowa are from out of state (and sometimes quite far from the county in Iowa where the charges are pending).  In such a case, it is prudent for the out-of-state person with the pending charge to seek an attorney in Iowa.  At Puryear Law, we represent many such clients from out of state.

Harassment of Public Officers and Employees Charges in Iowa

The Iowa crime of Harassment of Public Officers and Employees is defined by Iowa Code Section 718.4 as follows: Any person who willfully prevents or attempts to prevent any public officer or employee from performing the officer’s or employee’s duty commits a simple misdemeanor. A conviction for Harassment of Public Officers and Employees in Iowa is a Simple Misdemeanor, meaning the maximum penalty is 30 days in the county jail.

Poaching Charges in Iowa

Poaching in Iowa is the crime committed when a person takes wildlife or fish without the proper permit. Iowa Code Section 483A.42

Methamphetamine Charges in Iowa

In Iowa, methamphetamine charges can be either misdemeanors or felonies and carry varying penalties depending on the charge

Heroine Charges in Iowa

Iowa classifies heroin as a Schedule I Substance. Not all heroin offenses are treated the same, and the penalties vary depending on whether the individual was in mere possession of heroin, or whether the individual was manufacturing, delivering, or possessing with the intent to deliver or manufacture heroin. Other variables include the

Bigamy Charges in Iowa

The crime of bigamy in Iowa is defined by Iowa Code section 726.1, which provides as follows:

Computer Spyware and Malware Charges in Iowa

Iowa Code Section 715 provides various definitions and charges that relate to computer spyware and malware.  This law imposes criminal penalties upon certain actions relating to spyware and malware.  The relevant sections of the Iowa code are discussed below:

Probation Violations in Iowa

If there is probable cause to believe that a criminal defendant has violated the terms and conditions of his or her probation in Iowa, the probation officer may seek a summons or an arrest warrant

Hazing Charges in Iowa

The crime of hazing in Iowa is defined by Iowa Code section 708.10, which reads as follows:

Arson Charges in Iowa

Iowa Code Chapter 712 covers the crime of arson. Arson is defined as causing a fire or explosion, placing any burning or combustible material, or any incendiary or explosive device or material in or near any property with

False Imprisonment Charges in Iowa

The crime of false imprisonment is defined by Iowa Code Section 710.7 as the crime a person commits when, having no reasonable belief that the person has any right or authority to do so, the person intentionally confines

Child Stealing Charges in Iowa

Iowa law defines the crime of child stealing in Iowa Code section 710.5 as the crime a person commits when, knowing that the person has no authority to do so, the person forcibly or fraudulently takes, decoys, or entices away any child with intent to

Kidnapping Charges in Iowa

The crime of kidnapping in Iowa is defined by Iowa Code section 710.1 as the crime a person commits when the person either confines a person or removes a person from one place to another, knowing that

Speedy Trial in Iowa Criminal Cases

The right to a speedy trial is guaranteed by the United States Constitution and the Iowa Constitution. Iowa also has a more stringent court rule regarding the right to a speedy trial–Iowa Rule of Criminal Procedure 2.33. This rule requires that a defendant charged with an indictable offense (a serious misdemeanor up to a Class A felony) must be brought to trial within

Habitual Offender Enhancements in Iowa

If a criminal defendant has a pending Class C or Class D felony charge in Iowa and has two prior felony convictions in Iowa or another state, the State may seek to impose the habitual offender enhancement on the pending felony charge. The habitual offender enhancement is recidivist statute designed to punish violators

Murder Charges in Iowa

Murder is defined by Iowa law as the intentional killing of a person under certain conditions.  Iowa Code section 707.2 and 707.3 define the crimes of Murder in the First Degree and Murder in the Second Degree in Iowa as follows:

Hosting a Drug House Gathering Charges in Iowa

Iowa law bans the hosting of drug house gatherings (gatherings where controlled substances unlawfully used) in Iowa Code Section 124.407, which states that it is unlawful for any person to sponsor, promote, or aid, or assist in the sponsoring or promoting of a meeting, gathering, or assemblage with the knowledge or intent that a controlled substance be

Motion in Arrest of Judgment in Iowa Criminal Cases

A motion in arrest of judgment in Iowa is a motion made by the defendant that no judgment be entered on a finding, plea, or verdict of guilty. Typically, this type of motion is filed to allow a guilty plea to be withdrawn

Motions to Sever Multi-defendant Trials in Iowa Criminal Cases

When there are multiple defendants charged with the same crime in Iowa, they can be charged as co-defendants in the same Trial Information, which is the formal charging document. If co-defendants are charged in the same Trial Information, then they will have a joint trial where they are all tried at the same time. In some cases, it may be best for a defendant to have co-defendants charged separately with separate trials

Criminal Mischief Charges in Iowa

Iowa Code Section 716 defines the crime of criminal mischief as any damage, defacing, alteration, or destruction of property is criminal mischief when done intentionally by one who has no right to so act. In essence, criminal mischief in Iowa is what we more commonly call vandalism.

Postconviction Relief Proceedings in Iowa

Postconviction relief proceedings in Iowa are governed by Iowa Code Chapter 822. Postconviction relief proceedings are civil actions attacking a criminal conviction and/or sentencing

Trespass Charges in Iowa

The crime of Trespass is defined by Iowa Code section 716.7 as the crime a person commits any of the following acts:

Appealing a Criminal Conviction in Iowa

Those convicted of a crime in Iowa have a right to appeal that conviction.  Criminal Appeals in Iowa are governed by the Iowa Rules of Appellate Procedure and the Rules on Electronic Document Management System, which are the electronic filing of court documents. Because appeals are time sensitive and have specific requirements, it is highly advisable to contact an attorney immediately

Fraudulent Practices Charges in Iowa

Fraudulent Practices is a crime in Iowa defined by Iowa Code section 714.8.  There are a variety of actions that a person can take in Iowa that will result in the charge of Fraudulent Practices. Those actions are defined by Iowa law as follows.

Felon or Other Prohibited Person in Possession of a Firearm Charge in Iowa

Iowa law prohibits people who have been convicted of a felony, misdemeanor of domestic violence, who are subject to a protective order, or have a juvenile adjudication that would have been a conviction if they had been an adult from possessing firearms or ammunition, under Iowa Code section 724.26.

Sentencing Guidelines and Factors in Iowa Criminal Cases

In Iowa criminal cases, the sentencing judge is instructed by Iowa Code section 901.5 to consider certain guidelines and factors in determining what sentence to impose.  This article discusses that sentencing process in Iowa criminal cases.

Iowa Drug Tax Stamp Charges

In addition to normal laws banning the sale of illegal drugs, Iowa also has a Drug Tax Stamp law that makes it a separate crime to sell illegal drugs without having first purchased a drug tax stamp.  Iowa Code Section 453B addresses the tax stamp requirements.

Cocaine Possession with Intent to Deliver Charges in Iowa

In Iowa, a person who possesses cocaine with the intent to deliver it to another person commits a serious felony charge, under Iowa Code Section 124.401.  Iowa law provides for harsh penalties for those convicted of possession with the intent to deliver cocaine.

Carrying Weapons Charges in Iowa

For those who do not have an Iowa Permit to Carry Weapons, it is crime to improperly carry a gun, knife, or other weapon. Iowa Code Section 724.4 defines the crime of Carrying Weapons as follows:

Drug Paraphernalia Charges in Iowa

Iowa code section 124.414 bans the possession of drug paraphernalia, which is defined as all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance

Depositions in Iowa Criminal Cases

Iowa law allows depositions to be taken in criminal cases.  That is a powerful tool that can be of great benefit to a criminal defendant in Iowa.  Rule 2.13 of the Iowa Rules of Criminal Procedure

Iowa Misdemeanor Sentences

Under Iowa Law, as codified in Iowa Code 903.1, there are 3 classes of misdemeanors, each with its own possible term of imprisonment and fine.  This article addresses those Iowa misdemeanors.

Identity Theft Charges in Iowa

Under Iowa law, a person commits the crime of Identity Theft if they fraudulently uses or attempts to fraudulently use identification information of another person, with the intent to obtain

Iowa Felony Sentences

Felony charges in Iowa come in 4 different classes, with different penalties depending upon the class of felony and the charge.  This article addresses those felony sentences in Iowa.

Forgery Charges in Iowa

Iowa code section 715A.2 defines the crime of forgery, which is committed when a person does any of the following acts in Iowa

Domestic Abuse Assault Charges in Iowa

In Iowa, the crime of Domestic Abuse Assault is defined by Iowa Code section 708.2A as the crime a person commits when they commit an assault against a person with whom they are in a domestic relationship.

Stalking Charges in Iowa

The state of Iowa’s crime of Stalking is defined in Iowa Code Section 708.11 as the crime a person commits when all of the following

Harassment Charges in Iowa

In Iowa, the crime of Harassment is defined by Iowa Code section 708.7, which states that a person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following

Expungement in Iowa

In Iowa, the courts allow for an expungement of criminal records for a limited number of circumstances. If an expungement is granted, the criminal record will be

Shoplifting Charges in Iowa

In the state of Iowa, there is not a specific charge of “shoplifting” that is filed when a person is accused of stealing from a store.  Instead, charges are generally filed for the crime of Theft

Burglary Charges in Iowa

In Iowa, the crime of burglary is defined by Iowa Code section 713.1 as what any person, having the intent to commit a felony, assault or theft therein, who, having no right, license or privilege to do so, enters an occupied structure

Robbery Charges in Iowa

In Iowa, the forcible felony of Robbery is defined by Iowa Code Section 711.1, as the crime a person commits a robbery when, having the intent to commit a theft, the person does any of the following acts to assist or further the commission of the

Theft Charges in Iowa

The crime of Theft in Iowa is defined by Iowa Code Section 714.1.  Theft in Iowa comes in several different degrees (or levels of seriousness), based upon the value of the property that is alleged to have been

The Preliminary Hearing in an Iowa Criminal Case

Under Iowa law, a person accused of a crime more serious than a Simple Misdemeanor (which would be a Serious Misdemeanor, Aggravated Misdemeanor, or a Felony), is entitled to a Preliminary Hearing under some

The Written Arraignment Process in Iowa

The word “arraignment” has a slightly different meaning in each state, but it generally refers to the process of a criminal defendant being told about the charges and formally entering a plea of guilty or not guilty.  Since the plea of “not guilty” is almost always entered (at least at the beginning of a case), and the charges are not really a secret that the defendant is learning at arraignment, the court appearance for an arraignment is often more a … Continued

Calculated Criminal Cannabis Conspiracy Charges in Illinois

Illinois law defines a calculated criminal cannabis conspiracy in 720 ILCS 550/9, as shown below.  Essentially, this charge involves the accusation that a person has possessed cannabis, obtained at least $500 in value from possession/delivery, and that another person was also involved in the scheme.

Iowa Indecent Exposure Charges

Indecent exposure is a serious misdemeanor in Iowa, and is defined in Iowa Code section 709.9, which states as follows:

Sexual Abuse Charges in Iowa

Iowa code section 709 addresses the crimes of Sexual Abuse in Iowa.  Sexual abuse is the crime committed when a person engages in sexual acts with another person who does not or cannot consent to those sexual acts.

Illegal Gambling Charges in Iowa

In the state of Iowa, gambling is generally illegal unless it is done in an authorized manner (e.g. a casino or the lottery). Iowa Code Section 725.7 addresses Gaming and Betting penalties:

Pandering Charges in Iowa

Iowa Code Section 725.3 defines the crime of Pandering. Pandering is a D felony, or even a C felony when the person who engages in prostitution is a minor.

Pimping Charges in Iowa

Iowa defines pimping as the crime that is committed when a person “solicits a patron for a prostitute, or who knowingly takes or shares in the earnings of a prostitute, or who knowingly furnishes a room or other place to be used for the purpose of prostitution, whether for compensation or not.” As stated in Iowa Code Section 725.2, pimping is a Class D felony.

Prostitution Charges in Iowa

In the State of Iowa, prostitution is prohibited by Iowa Code Section 725.1. Under that code section, a person who “offers for sale the person’s services as a partner in a sex act, or who purchases or offers to purchase such services, commits an aggravated misdemeanor.”