Iowa City Criminal Defense Law Blog

A 26-year-old Lafayette, IN man was set to go on trial Monday, March 25, 2019 for first-degree murder in the killing of a 26-year-old woman in August 2017. Her body was also burned. Instead, he pleaded guilty to attempt to commit murder, desecration of a corpse, and accessory after the fact. Those charges are respectively considered a class B felony, a class D felony and an aggravated misdemeanor in the state of Iowa.

Had the man gone to trial and been found guilty of first-degree murder, his sentence would have been life in prison. Instead, his attorney was able to negotiate a plea agreement with prosecutors for these lesser charges. He will now be sentenced on April 22, 2019 at the Webster County Courthouse in Fort Dodge. In addition to the sentence, he will also be ordered to pay $150,000 to the family of the deceased. There was also a second, female Defendant in this case. Her trial is not set to begin until June. However, the family of the deceased sued her for wrongful death and punitive damages. That lawsuit is pending, and claims that the husband has suffered loss of love, affection and companionship. The couple also had minor children.

A 45-year-old Columbus Junction man is in serious trouble after a traffic violation stop. He now faces felony charges of operating while under the influence (OWI), control of a firearm by a felon, unlawful possession of prescription drugs, interference with official acts, theft in the fifth degree, driving while license denied or revoked and possession of drug paraphernalia. The OWI offense was his third. Having had two prior felony convictions, he was barred from legally possessing firearms.

Prior to the traffic stop leading to these charges, police received a call about a shoplifting at a nearby liquor store. They watched surveillance video there. Upon stopping the vehicle driven by the 45-year-old man, officers found pills, drug paraphernalia including pipes, two rifles with ammunition and multiple liquor bottles. The man matched the shoplifter officer viewed in the surveillance video and Johnson County Sheriff's Deputies took him into custody.

In Cedar Rapids and throughout Iowa, people might view criminal allegations as having to do with violence, theft and sex-related crimes. There are many others including traffic violations. They might not sound serious on their face, but they can lead to major penalties if there is a conviction. When there are motor vehicle violations, it will frequently be classified as driving under the influence or being cited for speeding and other traffic issues. However, if a driver commits traffic violations and flees from law enforcement, there can be serious long-term consequences after a conviction. These can even rise to felonies making it even more difficult. Getting legal representation when arrested on these charges is imperative to lodging a strong defense.

A 25-year-old man was arrested for several traffic offenses including a felony for eluding law enforcement after a high-speed chase. The incident began when police tried to stop the man's vehicle. He fled and drove at speeds beyond 100-mph. As they continued the chase, the vehicle pulled off the interstate and was finally brought to a stop when traffic spikes were placed in the roadway to flatten his tires. When the man was checked, officers believed he was under the influence of drugs. They examined his record and found that he also had outstanding warrants. He was arrested and charged with multiple offenses including eluding law enforcement, OWI and other traffic violations. Many of the warrants were related to driving-related offenses.

Police obviously don't have free rein to arrest people and seize evidence to prosecute them. If police question suspects or seize evidence in a manner contrary to law or the Constitution, it could make the case fall apart. What defenses are available to Johnson County defendants charged with drug offenses or other crimes?

First, an obvious defense is that the defendant is not guilty of the crime. Either no crime was committed, or someone else committed it. Prosecutors must prove beyond a reasonable doubt that the defendant committed the crime. If the prosecution fails to convince a judge or jury that the defendant is guilty beyond a reasonable doubt, the defendant must be found not guilty.