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Notable Cases

***MANY SUCCUSSFUL CASES CANNOT BE DISCLOSED OR DISCUSSED DUE TO CONFINDENTIALITY AGREEMENTS BETWEEN PARTIES.  THE CASES BELOW CONSIST OF THOSE MATTERS WHICH ARE PUBLIC RECORD OR IN WHICH A CONFIDENTIALITY AGREEMENT WAS NOT ENTERED INTO***

AUGUST 2017

Cedar County FECR024765 - CHARGES DEFFERED, FELONY CONVICTION AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Count I, Eluding or Attempting to Elude Pursuing Law Enforcement Vehicle §321.279(3) (a Class D Felony), and Count II, Conspire to Manufacture, Deliver and/or Possess with Intent to Deliver Marijuana §124.401(1)(d) (a Class D Felony) after the client lead law enforcement on a high-speed chase exceeding speeds of 120 mph. Attorney Shawn Fitzgerald was successful in reaching an agreement with the County Attorney for a deferred judgment avoiding a felony conviction.

JUNE 2017

Washington County FECR006278, FECR006387 - MANSLAUGHTER CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Involuntary Manslaughter §707.5(1)(a) (a Class D Felony), Operating a Motor Vehicle While Intoxicated 3rd offense OWI/DUI §321J.2(2)(c)(a Class D Felony), and Possession of a Controlled Substance 3rd Offense in violation of Iowa Code §124.401(5) (a class D-Felony). After a thorough review of the evidence, Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the Involuntary Manslaughter charge and the possession charge reduced to a misdemeanor offense.

Johnston County OWCR108852, OWCR110111, & SMSM100262 - CHARGES REDUCED/DISMISSED

- Attorney Shawn Fitzgerald's client was charged with two counts of Operating a Motor Vehicle While Intoxicated, 3rd Offense OWI/DUI §321J.2 (a Class D Felony), Driving While License was Denied or Revoked §321J (a Serious Misdemeanor), & Consumption of Alcohol in Public Place §123.46(2). After a lengthy review of the evidence in the case and continued negotiations with the County Attorney, Attorney Shawn Fitzgerald was successful in reducing the OWI/DUI charges to 1st offense and obtaining a dismissal of the Driving While License was Denied or Revoked charge. This deal avoided two felony convictions.

Cedar County OWCR024529 & SRCR024749 - CHARGES REDUCED/DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance - Marijuana §124.401(5), & Operating a Motor Vehicle While Intoxicated §321J.2 OWI/DUI (a Serious Misdemeanor). After a thorough review of the evidence, Attorney Shawn Fitzgerald was successful in showing the County Attorney the lack of evidence to prove the client's guilt for Possession of a Controlled Substance. Continued negotiations with the County Attorney resulted in Attorney Shawn Fitzgerald successfully reaching a plea agreement to the minimum sentence of Operating a Motor Vehicle While Intoxicated.

Muscatine County FECR056054, AGCR055788, & OWCR055737 - CHARGES REDUCED/ OWI/DUI DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Operating a Motor Vehicle While Intoxicated §321J.2(1)(a) OWI/DUI, Driving While Barred §321.560 and §321.561, & Criminal Mischief in the Second Degree §716.1, §716.4 (a class D-felony). After a thorough review of the evidence, and negotiations with the County Attorney, Attorney Shawn Fitzgerald was successful in reducing the charges. The Criminal Mischief charge was reduced to Criminal Mischief 3rd Degree avoiding a felony conviction. The Operating a Motor Vehicle While Intoxicated OWI/DUI was dismissed.

Johnson County SRCR106958 - FELONY CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Willful Injury Causing Bodily Injury §708.4(2) (a Class D Felony). Attorney Shawn Fitzgerald was the third attorney to represent the client in this matter. After a thorough review of the evidence, Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the charge.

Cedar County FECR024094 - CHARGES REDUCED/DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Possess With Intent to Distribute Controlled Substance to Persons Under Age Eighteen, committed in violation of Iowa Code §124.406(1)(a) of the Iowa Criminal Code (a class B-Felony), and Possession of Marijuana, a Schedule I Controlled Substance, First Offense, (a serious misdemeanor). After a lengthy review of the evidence in this matter Attorney Shawn Fitzgerald was successful in preventing additional charges from being filed, reducing the Class B-Felony to Keeping A Dwelling For The Purpose of Possessing or Selling Controlled Substances, Marijuana §124.402 (1)(e) (an Aggravated Misdemeanor), and Possession of Marijuana §124.401(5) (a Serious Misdemeanor). After negotiations with the County Attorney, Attorney Shawn Fitzgerald was successful in reaching a plea agreement regarding the Keeping A Dwelling For The Purpose of Possessing or Selling Controlled Substances, Marijuana charge, and having the Possession of Marijuana charge dismissed.

MAY 2017

Johnson County FECR114451 - CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged initially charged with Theft in the 1st degree in violation of Iowa Code §714 (class C-Felony). That charge was reduced to Operating a Motor Vehicle Without Owner's Consent §714.7 (an aggravated misdemeanor). After a thorough review of the evidence, Attorney Shawn Fitzgerald was successful in obtaining a dismissal of this charge.

Johnson County SRCR114055 - CHARGES AMENDED/REDUCED, LICENSE SUSPENSION AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Driving While License Was Denied or Revoked Under Chapter §321J.21 (a Serious Misdemeanor). A conviction to this charge would cause a further license suspension for Attorney Shawn Fitzgerald's client. After thorough review of the evidence, Attorney Shawn Fitzgerald was successful in having the charges amended to Operating Without a License §321.174A, a Simple Misdemeanor. This avoided an additional license suspension.

Muscatine County SRCR056250 & SMCR056251 - CHARGES REDUCED/DISMISSED

- Attorney Shawn Fitzgerald's client was charged with three counts; Count I, Domestic Abuse Assault §708.2A(2)(b) (a Serious Misdemeanor, Count II, Possession of a Controlled Substance, 1st offense §124.401(5), and Count III, Child Endangerment §726.6(1)(a), §726.6(7). After negotiations with the County Attorney, Attorney Shawn Fitzgerald was successful in reaching an agreement. The Possession charge was dismissed, and a deferred judgment obtained on the other charges.

Johnson County FECR114319, OWCR110032, & NTA0186908 - CHARGES REDUCED/DISMISSED FELONY CONVICTION AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault, Impeding an Airway (a class D-Felony) in violation of Iowa Code § 708.2A(1), 708.2A(5) and Domestic Abuse Assault (a Serious Misdemeanor) in violation of Iowa Code § 708.2A(1), 708.2A(2)(B), and a Probation violation of an Operating a Motor Vehicle While Intoxicated charge §321J.2 OWI/DUI (a Serious Misdemeanor), and Driving While License Under Suspension §321.218(1). After a thorough review of the evidence and negotiations with the County Attorney, Attorney Shawn Fitzgerald was successful in having the felony charge reduced to a misdemeanor avoiding the felony conviction, the Driving While License Under Suspension charge was dismissed, and a plea agreement regarding the Contempt of the OWI/DUI charge preserved the deferred judgment. In addition, the defendant did not serve jail time for contempt, and instead was given additional probation.

APRIL 2017

Cedar County FECR024336 - ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Conspiracy to Manufacture, Deliver and/or Possess with Intent to Deliver Methamphetamine §124.401(1)(b)(7) and §124.413 (a class B Felony), and Possession of Any Product Containing Pseudoephedrine with the Intent that the Product be used to Manufacture any Controlled Substance §124.401(4)(b) (a class D Felony). After a thorough review of the evidence, Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

MARCH 2017

Johnson County FECR11687 - CHARGES REDUCED/DISMISSED

- Attorney Shawn Fitzgerald's client was charged with four counts; Count One - Going armed with intent §708.8 (a Class D Felony); Count Two, Assault with a dangerous weapon §708.1, §708.2(3) (an aggravated misdemeanor); Count Three, Possession of a Schedule I Controlled Substance - Marijuana §124.401(5) and §124.204(4)(m); Count Four, Harassment - 3rd degree §708.7(1)(b) and §708.7(4) (a simple misdemeanor). After negotiations with the County Attorney, Attorney Shawn Fitzgerald was successful in having Count One and Two dismissed, and defendant was sentenced to 48 hours in jail with credit for time served on Counts Three and Four.

Johnson County FECR111687 and FECR111227 - CHARGES REDUCED/DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Going Armed with Intent Iowa Code §708.8 (a class D felony), Assault with a Dangerous Weapon Iowa Code §708.2(3), Possession of a Controlled Substance Iowa Code §124.401(5), and Theft in the 2nd degree Iowa Code §714.2(2) (a class D felony). After a thorough review of the evidence Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the Going Armed with Intent and Assault charges, reducing the theft charge to a misdemeanor, and negotiating a sentence that included fines and no jail sentence or probation.

FEBRUARY 2017

Washington County AGIN010677 - CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Aiding and Abetting Theft in the 3rd degree Iowa Code §703.1, 714.2(3). After a thorough review of the evidence Attorney Shawn Fitzgerald was successful in proving to the State/Prosecutor of the client's innocence. The State/Prosecutor dismissed the charges.

Muscatine County FECR055244 - CHARGES REDUCED, MANDATORY PRISON AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Robbery in the 1st degree Iowa Code §711.2 (a class B felony with a mandatory 25-year prison sentence),.and Burglary 1st degree Iowa Code §713.1 and §713.3 (a class B felony with a mandatory 25-year prison sentence). The client faced a 50-year prison sentence with a mandatory 18 years before parole eligibility. After a substantial amount of discovery review and negotiations with the State/Prosecutor, Attorney Shawn Fitzgerald was successful in having the charges amended to one count of Theft in the 1st degree Iowa Code §714.2(1) and successfully arguing for a suspended sentence. The client returned home the day of the sentencing hearing.

Johnson County SMSM103913 - CHARGES DISMISSED.

- Attorney Shawn Fitzgerald's client was charged with Disorderly Conduct Iowa Code §724.4(2), Public Intoxication Iowa Code §123.46, and Interference with Official Acts Iowa Code §719.1. Upon review the officer's reports Attorney Shawn Fitzgerald was successful in showing the State/Prosecutor that there was no factual basis for the Public Intoxication and Interference charges. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of those charges.

Johnson County OWCR112751 - OWI/DUI CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated OWI/DUI. A very thorough review of the evidence caused Attorney Shawn Fitzgerald to file a motion to suppress challenging the legality of the breath sample obtained in this matter. This motion was granted removing the breath test results from evidence. This caused the State/Prosecutor to amend the charge to public intoxication.

Johnson County OWCR107182 EVIDENCE SUPPRESSED, DEFERRED JUDGMENT GRANTED

Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI/DUI) Iowa Code §321J.2. The breath test results exceeded the level for deferred judgment eligibility. A very thorough review of the evidence caused Attorney Shawn Fitzgerald to file a motion in limine challenging the legality of the breath sample obtained in this matter. This motion was granted removing the breath test results from evidence reinstating the client's deferred judgment eligibility.

Cedar County OWCR024365 - OWI/DUI CHARDE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI in violation of Iowa Code 321J.2 and Possession of Marijuana in violation of Iowa Code 124.401(5). After a thorough review of the and patrol videos and through rigorous negotiations Attorney Shawn Fitzgerald was successful in having the OWI/DUI charge dismissed and obtaining a deferred judgment on the Possession charge. .

JANUARY 2017

Washington County OWIN010631 - OWI/DUI CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated OWI/DUI Iowa Code §321J.2. After a full review of the officer's reports and the patrol car videos Attorney Shawn Fitzgerald was successful in showing the State/Prosecutor the lack of evidence regarding the OWI/DUI. The State/Prosecutor was forced to amend the charge to public intoxication.

Muscatine County FECR054696 - CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance with Intent to Deliver Iowa Code §124.401(1)(b)(7), and Drug Tax Stamp Violation Iowa Code §453B.12. The client faced a 30-year prison sentence with a mandatory 8-years before parole eligibility. Attorney Shawn Fitzgerald was successful in having the charges reduced subsequently reducing the mandatory prison sentence to less than 2-years.

NOVEMBER 2016

Washington County NTA0030883 - CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Passing a School Bus Iowa Code §321.372. This offense, upon conviction, requires a mandatory 30-day license suspension. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the charge.

Cedar County AGCR024169 - CHILD ENDANGERMENT CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with 2-counts of Child Endangerment Iowa Code §726.6, and Assault Causing Bodily Injury Iowa Code 708.1(2). After a thorough review of the evidence Attorney Shawn Fitzgerald was successful in establishing the client's innocence and the lack of evidence and any credible witnesses. Attorney Shawn Fitzgerald was successful in obtaining the dismissal of the child endangerment charges.

Linn County FECR116567 - CHARGE REDUCED, PRISON AVOIDED, DEFERRED JUDGMENT GRANTED

Attorney Shawn Fitzgerald's client was charged with Manufacturing a Controlled Substance Iowa Code §124.401(1)(b)(7), and 3-counts of Possession of Precursors Iowa Code §124.401(4). The client faced a 40-year prison sentence with a mandatory 8-years before parole eligibility. Attorney Shawn Fitzgerald was successful in having the charges reduced or dismissed and obtaining a deferred judgment. This provides the client the ability to have the matter expunged from client's record.

OCTOBER 2016

Johnson County AGCR111471 - OWI/DUI CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated 3rd offense OWI/DUI Iowa Code §321J.2 (a class D felony), and 2-counts of Child Endangerment Iowa Code §726.6. The client faced a 9-year prison sentence. Attorney Shawn Fitzgerald was successful in reducing the OWI/DUI to a 2nd offense avoiding the a felony conviction.

Washington County OWIM010597 - OWI/DUI CHARGE DISMISSED, LISCENSE SUSPENSION OVERTURNED.

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated 3rd offense OWI/DUI Iowa Code §321J.2. After a thorough review of the evidence Attorney Shawn Fitzgerald filed a motion to suppress any test results in the case. The motion was granted and the State was forced to dismiss the charge. In addition, Attorney Shawn Fitzgerald was able to have the license suspension overturned.

SEPTEMBER 2016

Cedar County SMCR024394 - DOMESTIC ABUSE CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Iowa Code §708.2A. A Domestic Abuse conviction, regardless of the level of the charge, requires the defendant to complete a State approved batterer's education program commonly referred to as IDAP (previously known as BEP). After a thorough review of the evidence and through rigorous negotiations Attorney Shawn Fitzgerald was successful in having the Domestic Abuse charge dismissed.

AUGUST 2016

Washington County SRIN010673 - DOMESTIC ABUSE CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault Iowa Code §708.2A. A Domestic Abuse conviction, regardless of the level of the charge, requires the defendant to complete a State approved batterer's education program commonly referred to as IDAP (previously known as BEP). After a thorough review of the evidence and through rigorous negotiations Attorney Shawn Fitzgerald was successful in having the Domestic Abuse charge dismissed.

Johnson County SMSM102821 - CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Harassment 3rd Degree Iowa Code §708.7. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the charge.

Jefferson County OWIN009278 - OWI AMENDED TO RECKLESS DRIVING

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI) 1st Offense. A very thorough review of the evidence and by utilizing numerous depositions and hearings before the court, Attorney Shawn Fitzgerald was successful in negotiating to a reduced charge of reckless driving (a simple misdemeanor) avoiding a jail sentence and the mandatory 1,250.00 fine.

JULY 2016

Cedar County FECR024157 - FELONY CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Conspire to Manufacture, Deliver and/or Possess With Intent to Deliver Marijuana, Iowa Code §124.401 (class "D" felony), Failure to Affix Drug Tax Stamp Iowa Code §453B (class "D" felony), Interference with Official Acts (aggravated misdemeanor), and Possession of a Controlled Substance Iowa Code §124.401. Shawn Fitzgerald's client faced a potential 12 years in prison if convicted of the charges. After a thorough review of the evidence, the use of depositions, and through rigorous negotiations Attorney Shawn Fitzgerald was successful in obtaining dismissal of the two felony charges.

Cedar County OWCR023923 - OWI 3RD OFFENSE AMENDED TO RECKLESS DRIVING

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI) 3rd Offense (class "D" felony). An OWI 3rd Offense carries a mandatory 30-day jail sentence with up to 5 years in prison. A very thorough review of the evidence and by utilizing numerous depositions and hearings before the court, Attorney Shawn Fitzgerald was successful in negotiating to a reduced charge of reckless driving (a simple misdemeanor) avoiding a felony conviction, the mandatory 30-day to 5-year prison sentence, $3,250.00 fine.

Cedar County OWCR023447 - OWI 3RD OFFENSE AMENDED TO RECKLESS DRIVING

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI) 3rd Offense (class "D" felony). An OWI 3rd Offense carries a mandatory 30-day jail sentence with up to 5 years in prison. A very thorough review of the evidence and by utilizing numerous depositions and hearings before the court, Attorney Shawn Fitzgerald was successful in negotiating to a reduced charge of reckless driving (a simple misdemeanor) avoiding a felony conviction, the mandatory 30-day to 5-year prison sentence, $3,250.00 fine.

MAY 2016

Cedar County AGCR023780 - SUPPRESSION GRANTED, ALL CHARGED DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Driving While Barred Iowa Code §321.555 and §321.556 and Driving While Revoked Iowa Code §321J after a motor vehicle stop of the client's motor vehicle by the Iowa State Patrol. A very thorough review of the evidence including the officer's dash camera footage caused Attorney Shawn Fitzgerald to file a motion to suppress challenging the Constitutionality of the motor vehicle stop. After a hearing before the court the motor vehicle stop was found to be unconstitutional and any evidence discovered was suppressed. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges for his client.

Cedar County SMCR024222 DOMESTIC ABUSE CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault Iowa Code §708.2A. A Domestic Abuse conviction, regardless of the level of the charge, requires the defendant to complete a State approved batterer's education program commonly referred to as IDAP (previously known as BEP). After a thorough review of the evidence and through rigorous negotiations Attorney Shawn Fitzgerald was successful in having the Domestic Abuse charge dismissed.

Muscatine County SRCR053560 - DOMESTIC ABUSE AND CHILD ENDANGERMENT CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault Causing Injury Iowa Code §708.2A and Child Endangerment Iowa Code §726.6. A Domestic Abuse conviction, regardless of the level of the charge, requires the defendant to complete a State approved batterer's education program commonly referred to as IDAP (previously known as BEP). After a thorough review of the evidence, the use of depositions, and through rigorous negotiations Attorney Shawn Fitzgerald was successful in having the Domestic Abuse charge and Child Endangerment charge dismissed. Defendant received a fine to a charge of Disorderly Conduct.

Muscatine County FECR052679 - CHARGE REDUCED, MANDATORY PRISON SENTENCE AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Robbery in the 2nd Degree (class "C" forcible felony) Iowa Code §711.3 and Theft in the 2nd Degree (class "D") Iowa Code 714.2. Shawn Fitzgerald's client faced up to 15 years in prison with a mandatory 70% or 7 years for the Robbery charge. Attorney Shawn Fitzgerald was successful in having the Robbery charge amended to Theft in the 1st Degree. The Theft in the 2nd Degree was eventually dismissed. The client avoided the mandatory 7-year prison sentence.

APRIL 2016

Cedar County OWCR024047 - CHARGE REDUCED, FELONY AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI) 3rd Offense (class "D" felony). An OWI 3rd Offense carries a mandatory 30-day jail sentence with up to 5 years in prison. Attorney Shawn Fitzgerald was successful in negotiating to a reduced charge of OWI 2nd Offense ultimately preventing a felony conviction for the client.

Cedar County FECR022270 - PRISON TIME AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Sexual Abuse in the 3rd Degree (class "C" felony) Iowa Code §09.4 and Incest (class "D") Iowa Code 726.2. Shawn Fitzgerald's client faced up to 15 years in prison with a 10-year special sentence in each count and registration with the sex offender registry for life. After a thorough review of the evidence and through rigorous negotiations Attorney Shawn Fitzgerald was successful in having the Sexual Abuse charge dismissed and the client was sentenced to a suspended prison sentence and placed on

Johnson County FECR106956 - ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Burglary in the First Degree (class "B" felony) Iowa Code §713. Shawn Fitzgerald's client faced up to 25 years in prison. A very thorough review of the evidence and by utilizing numerous depositions Attorney Shawn Fitzgerald was successful in showing an alibi defense and that the prosecution had insufficient evidence to proceed to trial. Attorney Shawn Fitzgerald successfully confirmed his client's innocence.

Cedar County FECR023540 - ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Theft in the First Degree (class "C" felony) Iowa Code §714 and Burglary in the Third Degree (class "D" felony) Iowa Code §713. Shawn Fitzgerald's client faced up to 15 years in prison. A very thorough review of the evidence and by utilizing numerous depositions Attorney Shawn Fitzgerald was successful in showing the prosecution that they had insufficient evidence to proceed to trial.

Cedar County SRCR024132 - DOMESTIC ABUSE CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with domestic abuse assault in violation of Iowa Code §708.2A. Attorney Shawn Fitzgerald was successful in have the charge amended to disorderly conduct Iowa Code §723.4. The amended charge allowed Shawn Fitzgerald's client to avoid taking a mandatory state program that requires 24 weeks of attendance.

March 2016

Johnson County OWCR110010 - OPERATING WHILE INTOXICATED (OWI/DUI) CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI/DUI) in violation of Iowa Code §321J.2. Attorney Shawn Fitzgerald was successful in having the charge reduced to a public intoxication Iowa Code §123.46.

Muscatine County SMCR054509 - DOMESTIC ABUSE CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with domestic abuse assault in violation of Iowa Code §708.2A. Attorney Shawn Fitzgerald was successful in have the charge amended to simple assault Iowa Code §708. The amended charge allowed Shawn Fitzgerald's client to avoid taking a mandatory state program that requires 24 weeks of attendance.

Muscatine County FECR053898 - ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Theft in the Third Degree Iowa Code §714. After a very thorough review of the evidence Attorney Shawn Fitzgerald was successful in confirming his client's innocence. ALL CHARGES WERE DISMISSED.

Johnson County NTA1067732 - CHARGES MODIFIED, DRIVER'S LICENSE SUSPENSION AVOIDED

- Attorney Shawn Fitzgerald's client was charged with illegally passing a school bus in violation of Iowa Code §321.372. A conviction under Iowa Code §321.372 requires a mandatory 30 day driver's license suspension. Attorney Shawn Fitzgerald was successful in having the charge amended to avoid the 30 day driver's license suspension.

February 2016

Johnson County FECR108545 - FELONY CHARGES REDUCED, JAIL AVOIDED, DRIVER'S LICENSE SUSPENSION AVOIDED

- Attorney Shawn Fitzgerald' client was charged with Serious Injury by Vehicle (class "D" felony) Iowa Code §707.6A and §321.277, and Failure to Stop at Scene of Accident, Serious Injury Resulting Iowa Code §321.261(3). Attorney Shawn Fitzgerald's client faced a possible 6 year prison sentence and a driver's license suspension. A very thorough review of the evidence and strong negotiation with the prosecution Attorney Shawn Fitzgerald was successful in having the charges reduced to Reckless Driving Iowa Code §321.277. After arguing on behalf of his client, Attorney Shawn Fitzgerald was successful in arguing against a jail sentence and avoided a driver's license suspension for his client.

Muscatine County FECR052288 - CHARGES AMENDED, SEX OFFENDER REGISTRY AVOIDED

- Attorney Shawn Fitzgerald's client was charged with five counts of Sexual Exploitation of a Minor (class "D" felony) Iowa Code §728.12(2). Attorney Shawn Fitzgerald's client faced a possible 25 year prison sentence and a conviction would make Attorney Shawn Fitzgerald's client a registered sex offender. Attorney Shawn Fitzgerald was successful in having the charges modified to simple misdemeanor non sex crimes avoiding any prison sentence and sex offender registry requirements.

Johnson County FECR108184 CHARGES DISMISSED, PRISON SENTENCE SUSPENDED

- Attorney Shawn Fitzgerald's client was charged with Distribution or Intent to Distribute a Controlled Substance to Persons Under the Age of Eighteen (class "B" felony) Iowa Code §124.406, and Intent to Deliver a Controlled Substance (class "D" felony) Iowa Code §124.401. Defendant faced a 30 year prison sentence. Attorney Shawn Fitzgerald was successful in getting the Distribution or Intent to Distribute a Controlled Substance to Persons Under the Age of Eighteen (class "B" felony) charge dismissed and arguing for a suspended sentence in the remaining charge.

January 2016

Johnson County FECR108911 ATTEMPTED MURDER CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Attempt to Commit Murder (class "B" forcible felony) Iowa Code §707.11 and Robbery in the 1st Degree (class "B" forcible felony) Iowa Code §711. Attorney Shawn Fitzgerald's client faced a 50 year prison sentence with a mandatory 36 year minimum before being eligible for parole. Attorney Shawn Fitzgerald was successful in reducing the charges to Burglary in the 2nd degree Iowa Code §713 and Going Armed with Intent Iowa Code §708.

December 2015

Johnson County OWCR108207 OPERATING WHILE INTOXICATED (OWI/DUI) REDUCED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated 2nd Offense (OWI/DUI) Iowa Code §321J.2. Attorney Shawn Fitzgerald was successful in reducing the charge to Operating While Intoxicated (OWI/DUI) 1st Offense.

Johnson County SRCR109005 DOMESTIC ABUSE CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault Casing Bodily Injury Iowa Code §708.2A. Attorney Shawn Fitzgerald was successful in amending the charge to Assault Iowa Code §708. The amended charge allowed Shawn Fitzgerald's client to avoid taking a mandatory state program that requires 24 weeks of attendance.

Muscatine County FECR052672 CHARGES REDUCED, DEFERRED JUDGMENT GRANTED, LICENSE SUSPENSION AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Introduction of a Controlled Substance to a Jail (class "D" felony) Iowa Code §719.7. Attorney Shawn Fitzgerald successfully reduced the charge to Possession of a Controlled Substance Iowa Code §124.401 and successfully argued for a deferred judgment on behalf of his client. The deferred judgment avoided a 180 day driver's license suspension.

Washington County AGIN010428 DOMESTIC ABUSE CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Assault Causing Serious Bodily Injury Iowa Code §708. Attorney Shawn Fitzgerald was successful in getting all charges dismissed.

November 2015

Johnson County SRCR107928 ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Assault Causing Serious Bodily Injury Iowa Code §708. Attorney Shawn Fitzgerald was successful in showing that the prosecution had insufficient evidence to proceed to trial. Attorney Shawn Fitzgerald successfully confirmed his client's innocence.

Henry County AGIN014602 CHARGES REDUCED, DRIVER'S LICENSE SUSPENSION AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Driving While Barred Iowa Code §321.560 and §321.561. Attorney Shawn Fitzgerald was successful in amending the charge to a charge of no driver's license to which his client received a fine. This resolution also avoided a driver's license suspension.

October 2015

Johnson County SMSM101930 ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault Iowa Code §708.2A. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

Cedar County AGCR023577 - ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with sex offender registration violation Iowa Code 692A. Attorney Shawn Fitzgerald was successful in proving that the arresting officer's theory that the client failed to register in compliance with the Iowa sex registration was false. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

Johnson County AGCR107740 - ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged Forgery in violation of Iowa Code 715A. Attorney Shawn Fitzgerald was successful in proving that the State's witness provided false information. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

Cedar County FECR23394 - 28 CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with 1 count of Identity Theft in violation of Iowa Code 715A, 1 count of Theft 2nd degree in violation of Iowa Code 714, and 28 counts of Forgery in violation of Iowa Code 715A. Defendant faced a possible 150 year prison sentence. A very thorough review of the evidence and by utilizing numerous depositions Attorney Shawn Fitzgerald was successful in reducing the charges to Theft in the 3rd degree and 1 count of Forgery. Defendant was sentenced to 60 days in jail and probation.

Linn County OWCR111153 and OWCR105410 - PRISON AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated 3rd Offense (OWI/DUI) Iowa Code §321J.2, Operating While Intoxicated Causing Serious Bodily Injury Iowa Code §707.6A, and Driving While Barred in violation of Iowa Code §321.560 and §321.561. Attorney Shawn Fitzgerald's client was on probation for a previous Operating While Intoxicated 3rd Offense (OWI/DUI) in OWCR105410. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the Operating While Intoxicated Causing Serious Bodily Injury charge and prevent the client from serving a prison sentence.

September 2015

Cedar County SRCR023546 EVIDENCE SUPPRESSED, ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance, Marijuana Iowa Code §124.401(5) after a motor vehicle stop and search of the client's motor vehicle by the Iowa State Patrol. A very thorough review of the evidence including the officer's dash camera footage caused Attorney Shawn Fitzgerald to file a motion to suppress challenging the Constitutionality of the motor vehicle stop. After a hearing before the court the motor vehicle stop was found to be unconstitutional and any evidence discovered was suppressed. The suppression of evidence was also extended to all passengers of the vehicle. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges for his client and for all passengers in the motor vehicle.

August 2015

Johnson County FECR103552 DEFERERD JUDGMENT GRANTED

- Attorney Shawn Fitzgerald's client was charged with two counts of Possession of Precursors with the Intent to Manufacture Methamphetamine (class "D" felony) Iowa Code §124.401, Possession of a Controlled Substance, Methamphetamine Iowa Code §124.401, and Operating While Intoxicated (OWI/DUI) Iowa Code §321J.2. Client faced a possible 12 year prison sentence. Attorney Shawn Fitzgerald was successful in obtaining a deferred judgment to one charge with all other charges being dismissed.

July 2015

Johnson County SRCR108826 DOMESTIC ABUSE CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault Iowa Code §708.2A. Attorney Shawn Fitzgerald was successful in amending the charge to disorderly conduct Iowa Code §723. The amended charge allowed Shawn Fitzgerald's client to avoid taking a mandatory state program that requires 24 weeks of attendance.

JUNE 2015

Johnson County OWCR107182 EVIDENCE SUPPRESSED, OPERATING WHILE INTOXICATED (OWI/DUI) CHARGE DISMISSED, DRIVING PRIVILEGES REINSTATED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI/DUI) Iowa Code §321J.2. A very thorough review of the evidence caused Attorney Shawn Fitzgerald to file a motion to suppress challenging the legality of the breath sample obtained in this matter. After a hearing before the court the breath sample was found to be illegally obtained and was suppressed. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the Operating While Intoxicated (OWI/DUI) charge and requiring the Iowa Department of Transportation (DOT) to reinstate the client's driver's license.

Johnson County AGCR105011 CHARGES REDUCED, SEX OFFENDER REGISTRATION AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Sexual Exploitation by Counselor or Therapist Iowa Code §709.15. A conviction would require Attorney Shawn Fitzgerald's client to register as a sex offender. Attorney Shawn Fitzgerald was successful in reducing the charge to Dependent Adult Abuse avoiding any sex offender registration requirements.

Jefferson County OWIN008925 EVIDENCE SUPPRESSED, DRIVER'S LICENSE SUSPENSION REDUCED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI/DUI) Iowa Code 321J.2. A very thorough review of the evidence caused Attorney Shawn Fitzgerald to file a motion to suppress challenging the legality of the breath test refusal made by the client. After a hearing before the court the judge ruled the breath test requested by law enforcement was done unlawfully therefore the refusal was invalid. This reinstated the client's ability to obtain a deferred judgment and reduce the license suspension. Attorney Shawn Fitzgerald was successful in obtaining a deferred of the Operating While Intoxicated (OWI/DUI) charge and requiring the Iowa Department of Transportation (DOT) to reduce the client's driver's license suspension from 1 year to 180 days.

May 2015

Cedar County SRCR023037, AGCR022482, FECR023036, FECR022481 FELONY CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Assault Iowa Code §708, two counts of Witness Tampering Iowa Code §720.4, (dis), Possession of a Controlled Substance 3rd Offense, methamphetamine (class "D" felony) Iowa Code §124.401, Possession with Intent to Deliver, Marijuana Iowa Code 124.401, Gathering Where Controlled Substances are Unlawfully Used (class "D" felony) Iowa Code §124.407, Conspiracy to Manufacture or Delivery Methamphetamine (class "B" felony) Iowa Code §124.401, Possession of Precursors with Intent to Manufacture Methamphetamine (class "D" felony) Iowa Code §124.401. Attorney Shawn Fitzgerald's client faced a possible 50 year prison term and an additional 15 years as a habitual felon. Attorney Shawn Fitzgerald, after extensive discovery and deposing the State's witnesses an agreement was reached to which Defendant pled guilty to two class "D" felonies avoiding the most serious charges and the habitual felon offender 15 year sentence. This was all achieved during/while the client was on probation for a previous offense. The probation revocation application was dismissed.

April 2015

Johnson County AGCR102227 FELONY CHARGES AMENDED, PRISON SENTENCE AVOIDED, SEX OFFENDER REGISTRATION AVOIDED

- Attorney Shawn Fitzgerald's client was charged with Sexual Abuse in the Third Degree (class "C" forcible felony) Iowa Code §709, and Assault with Intent to Commit Sexual Abuse Iowa Code §709. Attorney Shawn Fitzgerald's client faced a mandatory 10 year prison sentence with a possible total of 12 years in prison and a lifetime sex offender registration requirement. This matter was taken to trial. After a morning of successful Voir Dire (the process of picking a jury) Attorney Shawn Fitzgerald was successful in amending the charges to Simple Assault Iowa Code §708 and Harassment in the First Degree Iowa Code §708. The amended charges allowed Attorney Shawn Fitzgerald's client to avoided prison and any sex offender registration requirements.

Johnson County FECR107969 ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Theft in the First Degree (class "C" felony) Iowa Code §714. Prior to an indictment/information being filed by the prosecution Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

Johnson County AGCR107758 ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance 2nd Offense, Cocaine. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

February 2015

Johnson County SRCR102231 ALL CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault Causing Bodily Injury Iowa Code §708.2A. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

April 2015

Cedar County FECR023356. Plea deal in Manufacture of Methamphetamine.

Attorney David Burbidge successfully negotiated a favorable plea deal for a woman charged with manufacturing methamphetamine and possession of pseudoephedrine. She pleaded to the lesser charge of possession of pseudoephedrine and received a deferred judgment. The manufacturing charge was dismissed. The deal also included a dismissal of a probation violation charge caused by her arrest for the meth case.

March 2015

Johnson County DRCV075271; Iowa Supreme Court Case 14-1179. Full physical custody for father.

Attorney David Burbidge won full physical custody for the father of two young children. This father lived in Chicago while the young children lived in Iowa with their mother. By filing for custody and having a two day trial, Attorney David Burbidge successfully won full physical custody and child support for the father. An appeal to the Iowa Court of Appeals was taken by the mother and, after filing of his papers to keep custody, the Court of Appeals confirmed the award of full physical custody and child support to David's client.

December 2014

Johnson County CDDM017312. Award ofoperty, pension pr, and cash payment.

Attorney David Burbidge successfully negotiated a settlement that awarded his client approximately $200,000.00 more in assets than originally offered made by the spouse prior to starting the divorce case. But obtaining accurate and complete written verifications of asset values, Attorney David Burbidge was able to show how the initial attempts to settle were unfair to his client and that she was entitled to approximately $200,000.00 more in savings, retirement money, and a cash payment to her.

Appanoose County CDCV02613. Protection of divorce property award.

Attorney David Burbidge won a Court order from a Judge proving that he was required to follow through to pay her money he owed her from the divorce property split. The ex-husband had attempted more than once to not pay her cash settlement even though he agreed to it in a prior divorce. Upon forcing the ex-husband back to Court, the Judge ordered that the ex-husband had to pay the money and that all his claims trying to not pay it were all invalid.

October 2014

Cedar County AGCR022915 - JURY VERDICT OF NOT GUILTY/ACQUITAL

- Attorney Shawn Fitzgerald's client was charged with Child Endangerment (an aggravated misdemeanor).  Attorney Shawn Fitzgerald took this matter to trial before a jury.  If convicted, Attorney Shawn Fitzgerald's client faced up to 2 years in prison.  After 2 days of trial the jury returned a verdict of not guilty.

Cedar County SRCR023264 - CHARGES REDUCED, NO LICENSE SUSPENSION

-  Attorney Shawn Fitzgerald's client was charged with Driving While License Revoked (a serious misdemeanor).  The revocation was based on a previous breath test failure.  A conviction would result in an additional 6 month suspension of the client's driver's license.  Attorney Shawn Fitzgerald successfuly negotiated a resolution in which the charge was reduced to No Valid Driver's License (a simple misdemeanor) preventing the additional 6 month license suspension.

Cedar County AGCR023272 - CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with Eluding (an aggravated misdemeanor).  Attorney Shawn Fitzgerald successfully negotiated a resolution in which the charge was reduced to reckless driving (a simple misdemeanor).

Johnson County FECR103909 and OWCR100431 - DEFERRED JUDGMENT GRANTED

- Attorney Shawn Fitzgerald's client was charged with Possession with Intent to Deliver (Class D Felony), Failure to Affix Drug Tax Stamp (Class D Felony), Keeping a Drug House, and Possession of Drug Paraphernalia.  The client was on probation for an Operating While Intoxicated (OWI) and Possession of Controlled Subtance when charged with the felony charges.  Attorney Shawn Fitzgerald successfully negotiated an agreement with the prosecutor to which his client recieved a deferred judgment for the Failure to Affix Drug Tax Stamp charge with all other charges in FECR103909 to be dismissed and was able to maintain client's deferred judgment status in OWCR100431.

Johnson County OWCR103829 - OWI CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Operating a Motor Vehicile While Intoxicated (OWI).  After reviewing the patrol car and police department videos Attorney Shawn Fitzgerald successfully argued that the arresting officer improperly advised the client concerning the breath test.  The court granted Attorney Shawn Fitzgerald's motion to suppress ruling any breath test obtained by law enforcement was inadmissable evdience.  The charge was reduced to a public intoxication.

September 2014

Johnson County SRCR103757 - FELONY CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Obtaining or Attempting to Obtain a Prescription Drug by Deceit, Farud or Subterfuge, a D felony.  Attorney Shawn Fitzgerald filed a motion in limine arguing specific evidence or testimony was inadmissable at trial.  Based on the legal arguement set forth in the motion in limine Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

Johnson County STA0130507 - TICKET DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Permitting an Unauthorized Person to Drive.  Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the ticket after he successfully explained to the State the correct interpretation of the statute.

August 2014

Johnson County STA0130507 - TICKET DISMISSED

- Attorney Shawn Fitzgerald's client is an over the road truck driver and was ticketed for failure to obey a traffic control device (running a red light).  Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the ticket.

Muscatine County AGCR051115 - DEFERRED JUDGMENT GRANTED

- Attorney Shawn Fitzgerald's client was charged with Assault While Displaying a Weapon (an aggravated misdemeanor), Carrying Weapons (an aggravated misdemeanor) and 2 counts of Possession of a Prescription Drug.  Attorney Shawn Fitzgerald was successfule in negotiating and arguing for a deferred judgment on the Carrying Weapons charge and 1 count of Possession of a Prescription Drug.  All other chargers were dismissed.

July 2014

Henry County CDCV003254. Joint physical care for father.

Attorney David Burbidge successfully negotiated joint physical care for the father of three minor children. After months of the mother's refusal to agree, a specific schedule was proposed and agreed that allowed the father to be with the children nearly equal time and keep equal parenting responsibility on a week-to-week basis. Further, this agreement reduced child support to a very small amount because each parent has the children nearly half the time and the agreement included a provision to split certain of the children's expenses equally between mom and dad.

July 2014

Johnson County FECR102393 - FELONY CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with Burglary in the First Degree ( a class B Felony) and Robbery in the First Degree (a class B felony punishable by a 25 year prison sentence with a mandatory minimum of 17.5 years in prison). Attorney Shawn Fitzgerald was successful in negotiating to a reduced charge of Attempted Burglary in the First Degree avoiding the mandatory 17.5 years in prison sentence.

Johnson County FECR104788 - FELONY CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Robbery in the First Degree (a class B felony punishable by a 25 year prison sentence with a mandatory minimum of 17.5 years in prison). Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

June 2014

Johnson County FECR101982 - FELONY CHARGES DISMISSED/DEFERRED JUDGMENT GRANTED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance With Intent to Manufacture or Deliver While in Immediate Possession of a Firearm. This is a class D felony which is enhanced due to the firearm. A conviction results in a 15 year prison sentence with a mandatory minimum 3 years in prison. Attorney Shawn Fitzgerald successfully negotiated a plea to Possession of a Controlled Substance with Intent to Deliver (no firearm enhancement) and successfully argued for a deferred judgment.

Johnson County SRCR103917 - PCS CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

Johnson County OWCR104646 - OWI CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI), Possession of a Controlled Substance, and Possession of Drug Paraphernalia. Attorney Shawn Fitzgerald was successful in reducing the OWI charge to a Public Intoxication, obtaining a deferred judgment on the Possession of a Controlled Substance, and dismissing the Possession of Drug Paraphernalia charge.

Washington County FECR06097/CEDAR COUNTY FECR023175 - FELONY CHARGE DISMISSED, PAROLE VIOLATION DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Felon in Possession of a Firearm and faced a Parole Revocation. Attorney Shawn Fitzgerald, after deposing the State's witnesses, successfully obtained a dismissal of the Felon in Possession of a Firearm charge and a dismissal of the Parole Revocation.

Muscatine County FECR049866 - DEFERRED JUDGMENT GRANTED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance With Intent to Deliver (D felony), and Failure to Affix Drug Tax Stamp. The State argued for conviction and a suspended sentence. Attorney Shawn Fitzgerald successfully argued for and obtained a deferred judgment for the Possession of a Controlled Substance charge. The Drug Tax Stamp Violation was dismissed.

May 2014

Johnson County FECR102019

- Attorney Shawn Fitzgerald's client was charged with 2 counts of Possession of a Controlled Substance With Intent to Deliver (C felony), and 1 count of Possession of a Controlled Substance (serious misdemeanor). Client was, at the time of arrest, on probation for a 2nd offense Operating While Intoxicated (OWI) in OWCR097497. Attorney Shawn Fitzgerald was successful in dismissing one count and obtaining a deferred judgment in the remaining counts in FECR102019.

April 2014

Johnson County OWCR103558 - OWI CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI) 1st offense. Attorney Shawn Fitzgerald was able to obtain a dismissal of all charges.

June 2013

Des Moines County EQEQ009519. Successful defense against a custody modification case.

Attorney David Burbidge successfully defended against a father's attempt to change custody. The child was living with the mother and the father filed to change this so the child would live with him. After a two-day trial, the Judge ordered that it is best for the child to stay in the mother's custody. Also, the father claimed that the mother had denied him time with the child and did not tell him about the child's doctor's appointments. Attorney David Burbidge successfully defended against this so the charges against his client were dropped.

2013

Johnson County SRCR102230 - DOMESTIC ABUSE CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.

Muscatine County OWCR49186 - OWI CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated 1st Offense (OWI). Upon review of the videos of the stop and arrest, Attorney Shawn Fitzgerald successfully argued that law enforcement violated his client's constitutional rights resulting in the breath test results being suppressed. Attorney Shawn Fitzgerald was able to have the charge dismissed and remove the driver's license suspension.

Johnson County SRCR102999 - CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with Public Intoxication - 2nd Offense, a serious misdemeanor. Attorney Shawn Fitzgerald was able to negotiate a reduce charge to Public Intoxication 1st Offense, a simple misdemeanor.

Cedar County FECR022794, FECR022793, FECR022867, and AGCR022878 - CHARGES DISMISSD

- Attorney Shawn Fitzgerald's client was charged with Burglary in the 3rd Degree in FECR022794, FECR022793, and FECR022867, Tampering with a Witness in AGCR022878. Attorney Shawn Fitzgerald was successful in dismissing FECR022794, FECR022867, AGCR022878 and obtaining a deferred judgment in FECR022793.

Johnson County SRCR103634 - CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.

Johnson County SRCR100817 - CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.

Jackson County FECR016148 and FECR016885 - FELONY CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Theft in the 2nd Degree (D felony). At the time of arrest Client was also on probation for Forgery (D felony). The State moved to have Client's probation revoked and a felony conviction of Forger imposed. Attorney Shawn Fitzgerald was successful in his argument to the court that Defendant retain the privilege of his deferred judgment and his probation not be revoked. Attorney Shawn Fitzgerald also negotiated to have the Theft in the 2nd Degree reduced to Theft in the 3rd Degree (aggravated misdemeanor) preventing a felony conviction for his client.

Johnson County FECR95646 - FELONY CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance With Intent to Deliver (D felony). Attorney Shawn Fitzgerald successfully negotiated the charge to Possession of a Controlled Substance (serious misdemeanor)

Cedar County AGCR022304 - SUSPENDED SENTENCE GRANTED

- Attorney Shawn Fitzgerald's client was charged with Driving While Barred. Due to client's previous convictions for Driving While Barred and imprisonment the State argued client should be incarcerated in prison. Attorney Shawn Fitzgerald was able to successfully argue for a suspended sentence.

Cedar County AGCR022658 - CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Carrying Weapons (aggravated misdemeanor). Attorney Shawn Fitzgerald was able to have the charge dismissed.

Cedar County FECR022875 - FELONY CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Theft in the 2nd Degree (D felony). Attorney Shawn Fitzgerald successfully negotiated the charge down to Theft in the 5th Degree, a simple misdemeanor.

Cedar County AGCR022204 - CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Failure to Comply With Sex Offender Registry. Attorney Shawn Fitzgerald was able to have the charge dismissed.

Cedar County AGCR022561 - CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Accessory After the Fact (aggravated misdemeanor). Attorney Shawn Fitzgerald successfully negotiated the charge down to interference with official acts (simple misdemeanor).

Cedar County FECR022487 - FELONY CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Sex Abuse in the 3rd Degree (C felony sex crime). Attorney Shawn Fitzgerald began representing his client after the client was convicted of Sex Abuse in the 3rd Degree, a crime which requires an individual to register as a sex offender. Attorney Shawn Fitzgerald successfully argued that his client did not receive a fair trial. A new trial was granted. Attorney Shawn Fitzgerald successfully negotiated the charge to Willful Injury, a non sex crime.

Johnson County SRCR10140 - CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.

Johnson County SMSM094418 - CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.

Linn County OWCR57174 - PROBATION REVOCATION DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI) in 2005. Client was granted a deferred judgment and place on probation in 2005. Client's counsel in 2005 failed to inform client of the probation requirements. A warrant was issued for Client's arrest in 2005. Client hired Attorney Shawn Fitzgerald in 2013. Attorney Shawn Fitzgerald had the warrant recalled and persuaded the court to allow client additional time to complete the terms of his probation. Client was able to retaining the deferred judgment and keeping the conviction from client's record.

Johnson County AGCR102129 - CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with Assault With a Dangerous Weapon, (aggravated misdemeanor), Harassment 1st degree (aggravated misdemeanor), and Driving While Revoked (serious misdemeanor). Attorney Shawn Fitzgerald negotiated a sentence to Assault (simple misdemeanor), Harassment 2nd degree (serious misdemeanor), and Driving While Revoked (serious misdemeanor).

Johnson County FECR097980 - FELONY CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Theft in the 2nd Degree (D felony). Attorney Shawn Fitzgerald negotiated a sentence to Interference with Official Acts (simple misdemeanor) to which client paid a fine.

Cedar County FECR022608 - PREVENTION OF SEX OFFENSE CONVICTION

- Attorney Shawn Fitzgerald's client was charged Felon in Possession of a Firearm. Attorney Shawn Fitzgerald's client was also on probation in FECR021617 to which he was granted the privilege of a deferred judgment. Attorney Shawn Fitzgerald was able to allow client to keep the privilege of his deferred judgment, preventing a sex crime from appearing on his record.

Cedar County AGCR022414 - CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged Driving While Barred (aggravated misdemeanor). Attorney Shawn Fitzgerald was able to negotiate the charge down to Operating Without a Valid Driver's License (simple misdemeanor).

Cedar County OWCR022709 - CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged Operating While Intoxicated (OWI). There was a delay in the charges being filed against Client. Upon review of the patrol car video Attorney Shawn Fitzgerald discovered that the officer told client they were under arrest. This fact triggered the 45 day speedy indictment rule in Iowa requiring the county attorney file the trial information within 45 days of client's arrest. The trial information was not filed timely. Attorney Shawn Fitzgerald was able to have the charge dismissed.

Johnson County FECR097982 - CHARGE DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance With Intent to Deliver. Upon review of the patrol car video Attorney Shawn Fitzgerald discovered a violation of client's constitutional rights. Attorney Shawn Fitzgerald successfully argued that the evidence collected should be suppressed. The court suppressed the evidence and the charge was dismissed.

Cedar County OWCR021666 - CHARGE REDUCED

- Attorney Shawn Fitzgerald's client was charged with Operating While Intoxicated (OWI). Attorney Shawn Fitzgerald was able to negotiate the charge to reckless driving.

Jefferson County FECR004124 - FELONY CHARGE REDUCED, DEFERRED GRANTED

- Attorney Shawn Fitzgerald's client was charged with Manufacture of a Controlled Substance - Methamphetamine (B felony) and 4 additional charges. Attorney Shawn Fitzgerald was able to negotiate a sentence to which his client received a deferred judgment to the reduced charge of Manufacture of a Controlled Substance (C felony) preventing a felony conviction, if client successfully completes probation.

Johnson County FECR0980170 - CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged with Theft in the 2nd Degree (D felony). Attorney Shawn Fitzgerald was able to have the charge dismissed.

Johnson County AGCR097259 - CHARGES DISMISSED

- Attorney Shawn Fitzgerald's client was charged Keeping a Drug House (aggravated misdemeanor) and Possession of a Controlled Substance (serious misdemeanor). Attorney Shawn Fitzgerald was able to have the charges dismissed.

Cedar County FECR022296 - FELONY CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with Possession of a Controlled Substance With Intent to Deliver (D felony), Eluding (D felony), and Drug Tax Stamp Violation (D felony). Attorney Shawn Fitzgerald negotiated a settlement to which Defendant received a deferred judgment to the charge of Possession of a Controlled Substance With Intent to Deliver, plead guilty a lesser charge of Eluding (aggravated misdemeanor). The Drug Tax Stamp Violation was dismissed. This agreement kept a felony conviction off client's record, if client successfully completes the probation period.

Johnson County SRCR094921 - CHARGES REDUCED

- Attorney Shawn Fitzgerald's client was charged with Domestic Abuse Assault Causing Injury (serious misdemeanor). Attorney Shawn Fitzgerald was able to negotiate a settlement to a reduced charge of disorderly conduct (simple misdemeanor).

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Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.
373 Scott Court Suite B
Iowa City, IA 52240
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Iowa City, IA 52244

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