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- Criminal Law
- DUI & DWI
- Free Consultation
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- English: Spoken, Written
- Clark & Sears Law, PLLC
- - Current
- Student Attorney
- Drake University Legal Clinic
- Drake University Law School
- J.D. (2017) | Law
- Honors: Iowa Supreme Court Scholarship, Criminal Law certificate
- Iowa State Supreme Court Scholarship
- Drake University Law School
- American Bar Association
- - Current
- National Association of Criminal Defense Lawyers
- - Current
- The Iowa State Bar Association # 33803040
- - Current
Websites & Blogs
- Clark and Sears Website
14 Questions Answered
- Q. I was charged with domestic abuse assault- first offense in Iowa
- A: I mean. You can request it. If you were convicted of domestic abuse assault against him/her, your chances of *having* it dropped aren't super-great (unless that's also what s/he wants), but you're absolutely free to request it.
- Q. if a female single parent is charged with assault is this a justifiable reason to place children in forced foster care
- A: I'm sorry, you might want to ask an attorney who handles family law/custody matters. They're likely to be more familiar with DHS and whatnot. "When to place children in foster care" is not in the criminal section of the Iowa Code.
- Q. Where can I read what the said in a case involving Keilon Hill in Des Moines Iowa
- A: To find out exactly what a judge said in a trial (or a hearing or whatever), you'll want a transcript of the event. Not everything ends up with a transcript being made. If a transcript is available, you may have to pay to get a copy. Here's a thing I found by googling "how to get a transcript." https://www.ubiqus.com/court-legal-transcript-how-to/
- Q. What can I get charge with ?
- A: The charges that you've mentioned are all possibilities, as are others (paraphernalia, etc.) I expect that they'll be holding your property as evidence for the foreseeable future. You may want to talk to a lawyer who handles civil issues to handle any civil asset forfeiture (I wouldn't be shocked if they tried to keep, in particular, the cash, the phone, and the laptop) and a criminal defense lawyer to handle the investigation and any subsequent charges. If what they retrieved was truly only a personal amount of (whatever substance), I expect this will be an Iowa, not federal case. If you end up with federal charges, you'll need a defense attorney who's admitted to practice in federal courts. Do not talk to the police or any agent of the police or legal system until you get an attorney. If you are taken into custody, it would be advisable to tell them that you want to invoke your right to remain silent and that you want an attorney. You need to say these things very clearly, because if the state can say that you were "ambiguous" in your request, they can get away with interrogating you without an attorney. As a parent, the very most important thing you can do right now is to plan for your kid's or kids' safety. Find a friend or family member who can take care of them if you're taken into custody for any reason. Make sure that your rent/mortgage, utilities, and any other bills are caught up. If there's someone you trust to access your accounts and manage your finances if you're taken into custody so that your rent (etc.) doesn't fall behind, you might look into making those arrangements too. Understand that you may be under surveillance. Do not make any trips to Mexico. Do not contact anyone you've purchased any drugs from or sold any drugs to, if such things have happened. Do not discuss what has happened or your potential case with anyone other than your attorney; anyone you tell things to could end up being called as a witness against you. Do not do absolutely anything at all that might be understood as illegal. Right now, you are finding an attorney, making sure your kids are safe and cared for if you're taken into custody, and living an absolutely normal, boring, vanilla life.
- Q. I need to know if I was illegally searched.
- A: Based on the facts presented, you may have a basis for getting the search suppressed, particularly if there wasn't a valid reason for the stop. Talk to an attorney about this; you need someone to review whatever evidence the state has and help you make an informed decision about how to proceed.
- Q. Can a person be charged for illegally selling just a small amount of prescription Hydromorphone that caused a death?
- A: Yes.
- Q. I was ordered to report to supervised probation. probation is not going to fly with me, how do i get around not doing it
- A: You *are* "doing it," or you're getting arrested and going to jail for contempt/probation violation, and you're probably going to have whatever suspended sentence you got for the underlying offense imposed on top of that.
- Q. I am getting charged with sexual abuse 3rd degree what will happen to me
- A: Iowa Code 709.4 defines sexual abuse 3rd here: https://www.legis.iowa.gov/docs/code/709.4.pdf Once you’re arrested or served with a summons to appear, your first court appearance is usually the initial appearance. Your initial appearance will happen within 24 hours of arrest if you’re in custody. At your initial appearance, the judge will tell you what you’re being charged with, what the possible consequences are, and how much you’ll have to pay to bond out of custody. Read more about the next steps in the criminal process here: http://www.clarkandsears.com/iowa-criminal-defense-step-by-step/ Sexual abuse 3rd is a class C felony. You can find info about felony sentencing and about the sex offender registry here: https://www.legis.iowa.gov/docs/publications/LG/14969.pdf What you need to do is sit down with a criminal defense attorney and discuss any options you may have for evidence suppression and/or dismissal. Your attorney will also discuss plea bargaining possibilities with you, and if you choose to exercise your right to a trial, your attorney will help you prepare for trial. No one other than your attorney has attorney-client privilege. Don't talk to anyone about your charges other than an attorney. Do not talk to the police or the prosecutor on your own behalf until you've spoken to an attorney.
- Q. Can the police keep my id after taking it from my parents house?
- A: What sort of issues? If the police seized your wallet, including ID, pursuant to a warrant, it's possible they're retaining it as evidence or possible evidence. You could try looking into whether you can get a temporary ID in the meantime. Please don't talk to the police without consulting with an attorney. It sounds like you may be under investigation for a suspected criminal offense, and anything you say to the police -- even if you think the statements or questions are exculpatory -- could potentially be used against you in court.
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