Criminal Defense Attorneys Defending Your Freedom And Future
The criminal defense attorneys at Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C., in Iowa City, Iowa, have more than 50 years of combined experience providing our community with excellent legal advocacy in criminal law. We’re thoughtful, skilled and resourceful legal professionals prepared to fight for your rights and protect your best interests wherever your case may take you.
The Criminal Cases We Handle
Our criminal defense lawyers have represented over 1,000 clients facing a wide variety of felony and misdemeanor criminal charges, including:
- OWI/DUI
- Public intoxication
- Drug crimes, including possession and possession with intent to deliver
- Domestic abuse and assault
- Violent crimes like attempted murder
- Sexual offenses, including sex abuse and assault with intent to commit sex abuse
- Property crimes, including burglary, robbery and theft
- Felon in possession of a firearm
- White-collar offenses, including embezzlement and forgery
A list of matters we’ve assisted clients with can be found here. Located in Iowa City, home of the University of Iowa, we help college students charged with criminal conduct and mitigate its impact on their education.
Fighting Operating While Intoxicated Charges
In Iowa, it is illegal to operate a motor vehicle with an alcohol content over .08%, under the influence of a controlled substance or while under the influence of an alcoholic beverage or other drugs or combinations. This is what Iowa calls “operating while intoxicated” (OWI).
The penalties for OWI include:
- Jail time
- Fines
- Loss of driving privileges
The collateral impact of an OWI conviction may include being suspended from work or school suspensions, increased insurance costs and losing one’s vehicle.
Many factors can drastically change the outcome of an OWI case, including:
- Whether the individual was operating the vehicle
- The basis for the police stopping the driver
- The legality of any chemical testing
- Whether the interaction with law enforcement was constitutional
Finding legal representation that will thoroughly and diligently review all factors and elements in an OWI case is crucial. Our Iowa City criminal defense attorneys review all reports as well as dashboard, body and police department camera footage. We will conduct depositions to determine if officers complied with state and federal laws while interacting with our client. Only after all the information available is reviewed can a fair analysis of the strength of the prosecution’s case be determined.
Representing Those Accused Of Possession Of Controlled Substances
In Iowa, a first-time possession of a controlled substance charge carries a mandatory 48-hour jail sentence. Possession of any controlled substance charge is enhanceable, and each subsequent offense is elevated to a more severe crime. The Johnson County attorney’s office in Iowa City instituted a diversion program for first-time marijuana possession. We can help you determine if that may be appropriate for your situation.
Generally, a first offense is a serious misdemeanor carrying up to one year in jail, a second offense is an aggravated misdemeanor and third or subsequent offenses are class D felonies. A conviction for possession of a controlled substance can have the collateral effect of loss of student financial aid and other government benefits.
Depending on the amount of substance found and other factors present, an individual may be charged with the intent to manufacture or deliver a controlled substance. Possession of a controlled substance with intent to deliver carries a sentence anywhere from five years in prison to 50 years.
Clearing Up Public Intoxication And Underage Possession Charges
Public intoxication and possession of alcohol under the legal age are unique charges in Iowa, as they may be expunged from your record without the use of a deferred judgment. Due to the complexity of criminal defense and the unique nature of each specific case, it is always in your best interest to consult with a skilled, knowledgeable and effective criminal defense attorney as soon as you become aware that you are the subject of an investigation or have been arrested or charged.
Standing Up For Those Accused Of Domestic Abuse
If you’re accused of domestic abuse in Iowa, the first thing that will happen is the court will issue a mandatory no-contact order. This prevents the defendant from contacting the victim while the case is in progress.
If you’re convicted of domestic abuse, potential penalties include:
- A mandatory period of 48 hours in jail
- A five-year extension to the no-contact order
- Loss of gun rights
- Required participation in the Iowa Domestic Abuse Program (IDAP)
If you violate your no-contact order, there’s a mandatory seven-day jail sentence.
At our firm, we protect people accused of domestic abuse from these penalties.
Being Convicted Of A Crime Could Change Everything
Prosecutors often “stack” charges, making penalties even more severe. Take, for example, fines. The minimum fine for a first-time OWI conviction is $1,250, $1,875 for a second offense and $3,125 for a third.
Prison sentences also get longer. Prior OWI, possession of a controlled substance, public intoxication, theft, assault, domestic abuse and sex abuse convictions can be used to enhance the penalties of subsequent offenses. Prior felony convictions can cause an individual to be considered a habitual felony offender, requiring a 15-year sentence.
Certain crimes like robbery and sex offenses disqualify people from deferred or suspended sentences. Upon conviction, they carry a mandatory prison sentence. However, depending on the specific facts of a case, the charge can be amended to a different one, potentially making a deferred judgment or suspended sentence possible.
A criminal conviction can have negative consequences beyond the fine and jail or prison sentences. Depending on the nature of the charge, there are direct and collateral consequences. These consequences include suspension of a driver’s license, suspension of a professional license, suspension of a student’s financial aid, expulsion from school and loss of employment.
How We Make A Difference In Criminal Cases
We will analyze your case from all angles. All evidence must be obtained to determine if there are grounds for suppressing evidence, violation of constitutional rights and other evidentiary issues. Today, too many attorneys lack the skill or desire to ensure all available information has been collected. We will ensure any evidence available will be obtained, reviewed and shared with the client. We review all evidence, including videos from law enforcement, security camera footage, reports, witness statements, 911 calls, test results, dispatch logs, etc.
Contact An Iowa City Criminal Defense Attorney Today
If you have questions about a criminal defense issue, contact our firm at 319-359-6492 or complete a contact form to request a free initial consultation.