Fitzgerald, Klesner, & Pavelich, PLC Fitzgerald, Klesner, & Pavelich, PLC 2026-08-18T18:11:55Z https://www.iclawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1104628/2023/04/cropped-JSKBF_site_icon-32x32.png On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[Are you prepared for an Iowa criminal arraignment?]]> https://www.iclawfirm.com/?p=52347 2026-08-18T18:11:55Z 2026-08-17T17:00:33Z Understanding the arraignment proceeding At an in-person arraignment, you receive the trial information or indictment containing the formal charges, and the court calls on you to enter a plea. Arraignment does not determine whether the prosecution can prove its case. Challenges to the evidence and other pretrial issues are addressed later. You may waive formal arraignment in open court by filing a written arraignment and plea of not guilty on the required form. An attorney may file this on your behalf, so you generally do not need to appear unless the court orders otherwise.

Entering an informed plea

A not-guilty plea keeps the allegations contested and allows the case to move into the pretrial stage. During that period, the defense can review the evidence and evaluate possible defenses. When you use a written arraignment, the form also requires you to address your speedy trial right. Iowa generally requires trial within 90 days after indictment or the filing of the trial information unless you waive that right. A waiver can provide more time for preparation, but it also allows the case to continue beyond that 90-day period.

Anticipating pretrial scheduling deadlines

After a not-guilty plea, the court usually sets a trial date within seven days. If you waive speedy trial at arraignment, the court may instead hold a case-management conference within 30 days to establish the trial date and for filing motions and taking depositions. Iowa also sets deadlines for discovery requests and other pretrial matters. The rules require parties to file most pretrial motions when the grounds arise and no later than 40 days after arraignment, although the court can set a different schedule. Missing these dates can limit the issues you can raise before trial. Iowa treats some untimely defenses, objections and requests as waived unless the court grants relief for good cause.

Building your defense strategy

Once arraignment concludes, substantive pretrial preparation begins. This stage focuses on examining the allegations, studying the available evidence and identifying issues that need further investigation. That process may include looking at how law enforcement gathered evidence, whether witness accounts conflict and whether additional records could affect the case. The findings can help determine which factual or legal concerns may shape the next steps in the defense.]]> On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[What factors affect alimony awards in Iowa divorces?]]> https://www.iclawfirm.com/?p=52105 2026-07-13T06:14:55Z 2026-07-13T06:14:55Z Eligibility under state law Iowa statutes use the term spousal support instead of alimony, and either spouse may request it during a dissolution of marriage. The court does not award this automatically. Instead, a judge considers the division of marital property alongside each spouse's financial circumstances, including whether one spouse has a financial need the other can meet and the standard of living the couple maintains.

Influences on amount and duration

Once a judge finds alimony necessary, the court considers the following before deciding what support is appropriate:
  • Length of the marriage, since unions of 20 years or more often justify long-term awards
  • Age and physical and emotional health of each spouse
  • Earning capacity of the requesting spouse, including education, work history and time away from the job market
  • Property each party received in the divorce
  • Whether the party seeking payments can reach a lifestyle close to the marital standard, and how long that takes
These factors recognize that the financial effects of divorce extend beyond income alone. A judge also considers how the marriage shaped each party's earning potential, financial resources and future needs.

Types of spousal support

The court may award alimony in any of these forms:
  • Traditional support: Has no set end date and typically follows long marriages where a spouse is unlikely to become self-supporting at a comparable standard of living.
  • Rehabilitative support: Provides financial assistance for education, training or retraining over a set period so a spouse can become self-supporting.
  • Transitional support: Covers the short-term costs of adjusting to life after divorce, such as establishing separate households.
These categories are not mutually exclusive, and a judge may combine them when the circumstances call for different forms of support. The type awarded can also affect whether the order may be modified or when it will end, making the classification an important part of the final decree.

Reasons for modification

A support order does not always stay the same. Either former spouse may ask the district court to increase, reduce or end payments, but the request must be based on a substantial change in circumstances that the original order did not account for. For example, an involuntary job loss, disability, retirement at a customary age or a significant change in income may qualify. Some forms follow different rules. Remarriage, for instance, does not automatically end traditional support, but the recipient must show extraordinary circumstances for payments to continue. Reimbursement support is generally different because it repays a fixed obligation and the court usually cannot change it later on.]]> On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[What parents should know about alcohol-related risks in college]]> https://www.iclawfirm.com/?p=52102 2026-07-06T15:48:00Z 2026-07-06T15:48:00Z What is the legal drinking age in Iowa? Iowa law strictly does not allow anyone under 21 from buying, possessing or drinking alcohol. First-time violations lead to a simple misdemeanor charge. The consequences go far beyond a simple citation. Underage drinking offenses create a criminal record. This record follows students through their college years and beyond. Parents often underestimate how one poor decision can derail a student's education.

What actions can lead to alcohol-related charges?

Alcohol offenses are more than just drinking at a party. Common violations include:
  • Possession: Holding alcohol, even for someone else
  • Consumption: Drinking any amount of alcohol in public or private settings
  • Fake ID use: Using false identification to purchase alcohol
  • Underage OWI: Driving a vehicle with a blood alcohol concentration of 0.02% or higher
  • Public intoxication: Appearing drunk in public spaces, including areas near campus
Each of these can lead to legal and school disciplinary proceedings. Knowing the risks early can help students avoid making bad decisions.

What happens after an alcohol-related offense?

Police may issue citations or make arrests. Under Iowa law, a first-offense conviction for underage possession or consumption carries a mandatory fine of $100. Students may need to complete community service or alcohol education classes. A conviction becomes part of their permanent criminal record. Universities also have their own discipline process. Students who break conduct rules may face housing restrictions, probation, suspension or loss of campus privileges.

How can this affect your student’s academics?

An alcohol conviction disrupts many parts of student life. Recently, students no longer lose federal financial aid because of an alcohol offense. However, scholarships may be taken away for breaking conduct rules. Many scholarships require students to maintain good legal standing. Students may also lose campus housing. This forces students to find other places to live during the semester. The criminal record also creates problems for future opportunities. It can affect internship applications, graduate school admissions and professional licensing.

Starting the conversation early

Prevention starts with honest talks about alcohol risks. Talk about real situations your student might face at social gatherings. Discuss ways to say no to alcohol. Remind them it's okay to leave uncomfortable situations. These talks may feel awkward, but they can help students make better choices in college.]]> On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[Can your college punish you for an off-campus arrest?]]> https://www.iclawfirm.com/?p=52096 2026-06-15T09:07:38Z 2026-06-15T09:07:38Z An off-campus arrest can feel like two problems at once. A student may have to answer criminal charges in Iowa City while also worrying about housing, scholarships, campus discipline and parents asking what happens next. For many University of Iowa students, the school side can move quickly, even when the court case has barely started.

Know that the school case is separate

A criminal case and a campus conduct case do not follow the same path. The court decides whether the state can prove a criminal charge. The university decides whether the student violated campus rules. That separation matters because a student may face a school conduct case before the criminal case ends. A not-guilty result or dismissed charge also does not automatically erase every school concern.

Check why the college has a reason to act

The University of Iowa’s student conduct rules allow the school to review off-campus behavior when it affects a defined university interest. That may include conduct tied to another student, a university activity, campus safety or certain incidents in Johnson County. For an Iowa City student, an off-campus fight, underage drinking arrest or threat involving another student may draw school attention. The location matters, but it is not the only issue.

Do not treat the first email like routine paperwork

The first message from the school may look administrative, but it can carry real consequences. A response that sounds harmless in a campus meeting may create problems in the criminal case. Before writing a statement, apologizing or agreeing to sanctions, pause and understand what information the school wants. Parents can help organize deadlines and documents, but the student often needs to speak carefully.

Look beyond suspension or probation

Discipline can affect more than one semester. Depending on the accusation, a student may worry about housing, campus activities, study abroad, financial aid, graduate school applications or background checks. That is why a minor-looking charge can feel serious to a 19-year-old student and to parents back in the Chicago suburbs. The concern is not only the arrest. It is what follows the student into the next internship, job or school application.

Protect your record before the next deadline

An off-campus arrest can follow a student into the classroom, a campus hearing and future job applications if they treat it casually. After an arrest, the safest move is to save every court and school notice, avoid making statements about the incident and get clear guidance before responding to either process. What happens next may depend on both the criminal charge and the university’s rules, so early decisions can shape how much control the student keeps over the outcome.]]> On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[What is the means test for Chapter 7 and Chapter 13 bankruptcy?]]> https://www.iclawfirm.com/?p=52069 2026-05-26T16:20:41Z 2026-05-26T16:20:41Z What does the means test measure? The means test uses a specific formula to assess financial circumstances. It takes the average monthly earnings from the previous six months and measures them against Iowa's median household income based on family size. Those whose earnings fall short of the state median typically qualify for Chapter 7 bankruptcy. If your earnings surpass the median threshold, you do not face an automatic disqualification. Instead, the evaluation moves to an additional stage. This phase determines your true disposable income by deducting permitted expenses from your monthly earnings. These deductions cover housing payments, groceries, clothes, vehicle costs and other essential living expenses.

How does the means test determine Chapter 7 eligibility?

For Chapter 7 bankruptcy, the means test serves as a gatekeeper. It prevents individuals with significant disposable income from discharging debts they could otherwise repay. This requirement aims to ensure fairness in the bankruptcy system. When you pass the means test, you can move forward with Chapter 7. This usually allows you to discharge most unsecured debts within three to six months. Iowa also offers exemptions that protect many of your assets. If you do not pass the means test, you might need to convert your case to Chapter 13 or face a case dismissal.

How does the means test calculate Chapter 13 payments?

In Chapter 13 bankruptcy, the means test serves a different purpose. Instead of determining eligibility, it helps calculate repayment plans. Individuals can pursue Chapter 13 regardless of income level. However, one must have regular, stable income that supports a repayment plan. Though strict debt limits do apply under federal law. The means test determines the length of the repayment plan. If your income falls below the Iowa median, the law caps the repayment plan at three years. You can request a longer period up to five years if circumstances warrant it. The test also calculates how much you must pay unsecured creditors based on your disposable income.

Understanding your eligibility before filing for bankruptcy

The means test plays a vital role in determining your bankruptcy options. Whether you pursue Chapter 7 or Chapter 13, this calculation shapes your case from the beginning. In some cases, working with a legal professional may be beneficial to guide you through the bankruptcy filing process in Iowa.]]> On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[Will a misdemeanor stay on your record after college?]]> https://www.iclawfirm.com/?p=52067 2026-05-18T15:01:07Z 2026-05-18T15:01:07Z What happens after your case ends After a misdemeanor case closes, the charge or conviction may remain part of your criminal record. Employers, landlords and professional licensing boards may still see it during a background check. This can create problems as you apply for jobs or continue your education. A misdemeanor record may affect several areas of your future, including:
  • Applying for internships
  • Seeking graduate school admission
  • Pursuing professional licenses
  • Renting housing
  • Completing employment background checks
For many students, these concerns become more serious after college ends. A charge that seemed minor at age 19 may carry more weight when you apply for jobs in finance, health care or corporate positions.

Can your record be cleared

Some people may qualify to remove certain misdemeanor records through expungement. Iowa law allows expungement in limited situations, but eligibility depends on factors such as the type of charge and how the court resolved the case. In some situations, a deferred judgment may help you avoid a permanent conviction record if you complete the court’s requirements. Not every misdemeanor qualifies for expungement, however, and some records may remain visible even after the case closes. A charge tied to alcohol, assault or driving offenses may carry different rules depending on the circumstances.

Why these charges should be taken seriously

Many students assume that what happens during college stays in college. Parents may also believe the court will treat the situation as a minor mistake because the student has no criminal history. However, even a misdemeanor can create problems that continue long after graduation. Students planning careers in banking, law, accounting or other white-collar professions may pay closer attention to background checks during hiring. Out-of-state students may also face added stress when returning home and applying for jobs in more competitive industries.

Looking ahead after a college misdemeanor

A misdemeanor tied to alcohol, assault or other college-related conduct can carry consequences beyond court penalties. Depending on the outcome, the charge may continue affecting employment opportunities, housing applications or professional licensing. Knowing how Iowa handles misdemeanor records can help you better understand your options and what factors may affect your record in the future.  ]]> On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[Three reasons to use collaborative law for your divorce]]> https://www.iclawfirm.com/?p=52052 2026-04-24T19:45:55Z 2026-04-24T19:45:55Z law allows those going through divorce to work together to reach a resolution. This is a stark contrast to traditional litigation, which puts the decision in the hands of the court as the two parties build arguments to win the case. There are many reasons to use collaborative law over traditional litigation for a divorce, but three of the most beneficial include efficiency, privacy and easing the transition into co-parenting.

#1: More efficient

Collaborative law often resolves a divorce more efficiently than traditional litigation because it streamlines both the process and the decision-making. Instead of filing repeated motions and waiting months for court dates, those going through a divorce and their lawyers meet in structured sessions to identify issues, exchange information voluntarily and negotiate solutions in real time. The process reduces procedural delays, narrows disputes early and keeps everyone focused on settlement rather than courtroom strategy.  Collaborative teams can also bring in neutral financial or parenting professionals as needed without needing to deal with formal discovery battles as would be necessary if using traditional litigation. This saves time and prevents duplication of work. By avoiding many of the steps required in litigation — such as extensive depositions, contested hearings and trial preparation — collaborative law typically reaches agreements faster and with fewer interruptions.

#2: Privacy

Collaborative law typically provides more privacy than traditional divorce litigation because you handle most negotiations and information-sharing outside the public court record. Instead of presenting sensitive details in open court, you work through a structured, private process focused on reaching an agreement. Key ways collaborative divorce protects privacy can include:
  • Negotiations are in private meetings rather than in a courtroom.
  • Communications to exchange information and explore options can be confidential.
  • You can choose neutral professionals together to help clarify issues without public testimony.
  • Public filings are reduced by avoiding extensive motions, affidavits and exhibits that can become part of the court record.
  • Exposure of sensitive details about personal matters, finances, and parenting concerns are limited by keeping discussions out of open hearings.
This privacy advantage can matter even more for high net worth couples, where the divorce process often involves detailed asset identification and division. By keeping most information out of formal court submissions — often filing only the final settlement documents — collaborative law helps you protect confidentiality and maintain greater control over who learns the details of the divorce.

#3: Often a better option if there are children

Although the romantic relationship is over, a parental relationship continues. In most cases, when parents divorce children tend to do best in a co-parenting arrangement. A divorce using collaborative law allows the parents control over the negotiations and sets the stage for their future parenting relationship.  Although a collaborative divorce focuses on working together, it is still important to take steps to protect your rights throughout the process. Legal counsel to help review proposals and provide guidance during negotiations can advocate for your interests and mitigate the risk of surprises after you finalize the divorce. ]]> On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[College students and public intoxication: What happens after the charges?]]> https://www.iclawfirm.com/?p=52050 2026-04-24T14:38:35Z 2026-04-24T14:38:35Z It is not uncommon for college students to head out to a party and enjoy a bit of alcohol. These parties can escalate, and what was only a quick stop and a few drinks can lead to a night that gets a little out of control and the college student can find themselves stumbling home only to have an officer give them a ticket for public intoxication. 

Is it serious? 

The answer, like many things in the legal world, is partly yes and partly no. The following will dive into what anyone facing these charges should be concerned about and provide tips to move forward.

What is public intoxication? 

Iowa state law defines public intoxication as being in a state where one’s mental ability is affected, judgement is impaired, emotions are high or the individual has lost control of their bodily actions while in a general public area. Public areas can include anything from a hallway in an apartment building to the sidewalk on a public street.

What should I be worried about after a public intoxication ticket? 

There are two separate issues to prepare to address. 
  1. Criminal matter. A conviction for public intoxication generally results in hundreds of dollars in fines and up to 30 days in jail. These can increase if the individual is underage at the time of the offense.
  2. School disciplinary action. Most school’s code of conduct include a section that prohibits criminal conduct. As such, a violation can result in consequences that could include expulsion.
It is important to prepare for both issues to mitigate the negative impact of public intoxication on one’s future. 

Will this impact my future?

There are ways to reduce the risk of a public intoxication incident causing problems with future employment opportunities. For example, it is possible to petition the court to expunge the conviction two years after conviction. The law states that if there are no other criminal convictions, the court will expunge the record.  This is just one of many tools that can help to reduce the impact of the charges on one’s future. Legal counsel with experience in this area of law can review the situation and provide guidance tailored to the specifics of the case.]]> On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[4 types of debt that filing for bankruptcy can’t wipe away in Iowa]]> https://www.iclawfirm.com/?p=52022 2026-03-23T15:25:24Z 2026-03-23T15:25:24Z You might see bankruptcy as your ticket to financial freedom. While it can eliminate credit card bills and medical debt, certain obligations will follow you even after filing. The law keeps specific debts on your shoulders for important public policy reasons. To understand why some debts survive bankruptcy, you first need to know what makes them different.

Understanding non-dischargeable debts

Non-dischargeable debts are debts that remain after bankruptcy. You cannot wipe them out by filing for a Chapter 7 or Chapter 13 bankruptcy. The court still requires you to pay them. This rule helps protect vulnerable people and supports social responsibility. With this foundation in mind, you can now examine the specific debts you'll still owe.

Four debts that will survive your bankruptcy filing

Understanding which debts remain after bankruptcy helps you plan realistically. Here are the financial obligations you'll still need to handle:
  • Student loans: You remain legally obligated to repay because default leads to wage garnishment, tax refund seizure and damaged credit for decades.
  • Child support and alimony: You must continue payments because courts can hold you in contempt, garnish your wages or even jail you for non-payment.
  • Recent tax debts: You still owe these amounts because the Internal Revenue Service (IRS) and state can place liens on your property, levy your bank accounts and garnish your income.
  • Court fines and restitution: You must pay these obligations because failure results in additional penalties, license suspension or potential arrest warrants.
These four categories represent your ongoing financial responsibilities regardless of bankruptcy protection. Hence, understanding what stays on your plate naturally leads to the question of why these particular debts receive special treatment.

Why are these debts exempt from bankruptcy?

These exemptions serve the greater good. Federal and state governments protect children through support obligations. Additionally, tax collection funds essential public services. Meanwhile, restitution ensures victims receive fair compensation. These policies balance your fresh start against society's broader needs. Thus, knowing these reasons helps you approach your financial planning with realistic expectations.

Plan your financial future with clear understanding

Knowing which debts bankruptcy can and cannot discharge gives you a realistic foundation for financial planning. You can develop strategies that address both your dischargeable debts and your ongoing obligations. This comprehensive approach helps you move forward with confidence, creating a sustainable path toward long-term financial stability and recovery.]]> On Behalf of Fitzgerald, Klesner, & Pavelich, PLC <![CDATA[3 ways parents can help their college student facing an OWI]]> https://www.iclawfirm.com/?p=52004 2026-02-05T15:55:45Z 2026-02-05T15:55:45Z College life gives students more freedom, but it can also lead to risky decisions. One of the most serious problems a student can face is an OWI, or Operating While Intoxicated, charge. If your college-aged child is pulled over in Iowa and accused of an OWI, knowing what to do quickly can make a big difference. Here are three key things parents should know to help strengthen their child’s defense.

1. Understand Iowa OWI laws and consequences

Iowa takes OWI offenses very seriously. Even a first-time offender under 21 can face penalties under the state’s zero-tolerance law, which makes it illegal for underage drivers to have a blood alcohol concentration (BAC) of 0.02% or higher. This means that even a very small amount of alcohol can lead to charges. Depending on the case, your student could lose their license, be required to attend alcohol education programs, pay fines or even spend time in jail. Parents who know the law can help their child understand what to expect and make better decisions during the process.

2. Seek qualified legal representation immediately

An OWI charge is complicated. Mistakes in handling it can have long-term effects. Hiring an experienced Iowa OWI attorney as soon as possible is critical. A skilled lawyer can look at the traffic stop and arrest, challenge field sobriety or chemical tests if needed, negotiate reduced charges or alternative sentencing and protect your child’s rights. Early legal help can improve the outcome, sometimes even leading to fewer penalties or case dismissal.

3. Help your student take responsibility without admitting guilt

Parents should guide their child to act responsibly without making statements that could hurt their case. Encourage honest communication with their lawyer, avoid posting about the incident online, and consider steps like alcohol education programs or counseling. Showing the court that your student is serious about correcting their behavior can help limit consequences while protecting their legal position.

Supporting your student through a difficult moment

An OWI charge can be stressful and frightening for both students and parents. Beyond the legal consequences, it can affect your child’s confidence, future opportunities and sense of responsibility. By understanding Iowa’s laws, staying calm, informed, and proactive, you give your child the best chance to move forward safely and learn from this experience.]]>