Iowa City Criminal Defense Attorneys Defending Your Freedom And Future
At Fitzgerald, Klesner, & Pavelich, PLC, our Iowa City criminal defense attorneys 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.
Take control of your situation with trusted legal guidance. Fitzgerald, Klesner, & Pavelich, PLC, offers free 30-minute consultations to help you understand your options. Call 319-320-4569 or fill out this form to schedule yours today.
Table of Contents
The Iowa Criminal Cases We Defend Against
Our criminal defense lawyers have represented over 1,000 clients facing a wide variety of felony and misdemeanor criminal charges, including:
- College crimes: Representing University of Iowa students and others facing charges for OWI, underage drinking, underage possession and more.
- OWI/DUI: Defending drunk driving charges and answering questions on license suspensions, underage driver penalties and more.
- Public intoxication: We represent college students facing criminal penalties and academic consequences for public intoxication.
- Domestic abuse and assault: Including violations of no-contact orders involving significant others, spouses and other family members.
- Drug crimes: Defending against drug offenses including possession, possession with intent to deliver and college student offenses.
- Violent crimes: Including simple assault, aggravated assault, gun crimes, manslaughter, attempted murder and more.
- Sexual offenses: Defending against sex crimes including sex abuse and assault with intent to commit sex abuse.
- Property crimes: Representing Iowans facing criminal charges for burglary, robbery, theft, vandalism and more.
- Felon in possession of a firearm: Defending against various probation violations and providing guidance on complying with restrictions.
- White collar offenses: Representing those facing state charges for embezzlement, forgery, fraud and other white collar crimes.
Read more about our success stories
What Sets Fitzgerald, Klesner, & Pavelich, PLC, Apart 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 criminal defense 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.
Where We Frequently Represent Clients
Based in the heart of Iowa City, Fitzgerald, Klesner, & Pavelich, PLC, is positioned to serve clients throughout the city and surrounding areas. Our central location makes us a trusted choice for college students at the University of Iowa and Iowa City residents alike.
In addition to Iowa City, we represent clients in Cedar Rapids and across Johnson County, offering experienced criminal defense wherever our clients need it most.
Helping You Understand OWI 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 and 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.
Representation For 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, 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.
What A Criminal Conviction Truly Means In Iowa
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.
Consequences Of A Conviction Go Beyond Criminal Penalties
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, loss of child custody or visitation and loss of employment.
Our Iowa City criminal defense attorney fights for your rights, freedom, and future to guard against both steep criminal penalties and collateral consequences.
Answering Your Iowa Criminal Defense Questions
When you’re facing a criminal charge, everything in your life is brought into question – your reputation, relationships, freedom and future. If your mind is riddled with doubts and questions right now, it’s only natural. To provide people in Iowa dealing with criminal issues more clarity and certainty, we have complied a list of answers to frequently asked questions:
What Does A Criminal Defense Attorney Do?
After an arrest or when criminal charges are filed in Iowa City, a criminal defense attorney is a critical advocate for the accused. From the moment of arrest, a defense attorney:
- Works to protect your constitutional rights
- Thoroughly investigates the charges
- Builds a strong strategy aimed at achieving the best possible outcome, whether a dismissal, a favorable plea agreement or a trial defense
Involving a criminal defense attorney as early as possible is crucial. Early intervention allows for a full review of the circumstances surrounding the arrest, identifying any procedural errors, violations of rights or weaknesses in the prosecution’s case.
In Iowa City, many individuals facing charges are college students at the University of Iowa. A criminal conviction can have devastating effects beyond legal penalties. It can jeopardize scholarships, academic standing and future career opportunities. Criminal defense attorneys in Iowa City are more attuned to the needs of students, working to defend their rights and freedom and protect their educational and professional futures.
What Do I do after I am arrested in Iowa City?
Facing an arrest can be overwhelming, but taking the right steps early on can protect your future. These include:
- Stay calm and polite: Avoid arguing with officers or resisting arrest.
- Exercise your right to remain silent: You are not required to answer questions without an attorney present.
- Request an attorney immediately: Do not discuss your case with anyone until your lawyer arrives.
- Be cautious with phone calls: Calls from jail are typically recorded and can be used against you. Limit your conversation strictly to arranging legal representation.
- Attend your court dates: Missing a court date can lead to additional charges or a warrant for your arrest.
When Are The Police Allowed To Search My Home Or Vehicle?
In the United States, the constitution protects us from unreasonable searches and seizures of our personal property. To conduct a lawful search, the police must have a valid search warrant or probable cause to believe that a crime is underway, negating the need for a warrant. The police can also search you or your vehicle if you give them permission, but we’d never advise our clients to do that.
What’s The Difference Between Misdemeanor And Felony Charges?
Misdemeanors and felonies are two different classifications of criminal charges. Felonies are more severe and garner more severe penalties. An example of a felony offense is a violent crime like murder. Misdemeanors are less serious offenses than felonies and comparatively garner less severe penalties. An example of a misdemeanor is a drunk driving charge. Our attorneys can help people facing either felony or misdemeanor charges. We do not handle federal criminal offenses.
Will I Have To Go To Trial?
The answer depends on the circumstances and details of your case. Sometimes, accepting a plea agreement is preferable to going to trial. In others, the charges get dismissed, making a trial unnecessary. Working with an experienced criminal defense attorney can help you explore all the available options in your case and take the proper course of action.
What’s The Timeline Of A Criminal Case?
The timeline is different in every criminal case. However, trial information must be submitted no more than 45 days after your arrest. If this deadline passes with no action, your charges will be dismissed. Iowans have a right to a timely trial, and our attorneys will ensure this right is upheld and your criminal case is resolved within a reasonable time frame.
What Does Implied Consent Mean?
Under implied consent laws, all drivers have already agreed to take breath tests, urine tests or other types of impaired driving tests in certain situations – such as after an accident or during a lawful traffic stop. A driver who refuses such a test may be arrested and could lose their license for a year. Even though drivers do have a right to refuse a test, there are still ramifications for doing so.
Could A Conviction Affect My Child Custody Rights?
Yes, as any sort of criminal activity can have implications for child custody cases. For instance, those convicted on domestic violence charges could lose their custody rights. The court will always seek a safe and stable living situation for a child, and anything that indicates a lack of safety – such as a criminal record – could mean one parent loses physical custody rights and is restricted to supervised visitation. This is especially true for drunk driving cases with a minor in the car.
What Are Some Of The Collateral Consequences Of A Criminal Conviction?
It depends on the conviction itself, especially the distinction between a misdemeanor and a felony. But those who get convicted could:
- Get expelled from school or find it more difficult to apply
- Encounter housing barriers, such as having trouble renting an apartment or getting a mortgage loan
- Lose certain rights, like the right to vote or possess a firearm
- Lose their child custody rights
Finally, a felony can show up on a background check, making it far harder to find employment.
When Should I Contact A Criminal Defense Attorney?
You need a criminal defense attorney as soon as possible. Because a conviction could have such a major impact on your future, you need to work with experienced professionals as soon as you can. Here at Fitzgerald, Klesner, & Pavelich, PLC, we offer free consultations, and we have decades of experience, so we can guide you through the process and help you explore your defense options.
Contact An Iowa City Criminal Defense Attorney Today. Free Consultations.
If you have questions about a criminal defense issue, contact our firm at 319-320-4569 or complete a contact form to request a free initial consultation. Based in Iowa City, we serve clients throughout Johnson County and surrounding areas, including Cedar Rapids.