Johnston, Stannard, Klesner, | Burbidge & Fitzgerald, P.L.C.Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C. (Fork)2024-03-14T16:13:32Zhttps://www.iclawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1103559/2023/04/cropped-JSKBF_site_icon-32x32.pngOn Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=501892024-02-06T19:36:56Z2024-02-09T19:36:39ZIowa’s penalties for an OWI
Iowa defines an OWI offense as when a person operates a vehicle while under the influence of alcohol or a controlled substance. If the blood-alcohol concentration reaches or exceeds .08, a driver is also legally over the acceptable limit.
In addition to possible imprisonment and license revocation, the fines are as follows:
The first offense brings a minimum fine of $625, but it may reach $1,250
A second offense raises the range of the fine from $1,875 to $6,250
Fines for the third offense are from anywhere between $3,125 and $9,354
The judge can also levy emergency response restitution. The defendant would have to pay $500 for each agency of first responders that came to the scene, such as police, ambulances and firefighters.
Also, officers might impound the vehicle after an OWI, and the cost can reach $25 per day. Plus, law enforcement agencies can impose a further fee for retrieving the vehicle.
After an offense, a person who seeks a temporary restrictive license must pay for the installation of an ignition interlock device. Depending on which IID a person uses, installation starts at $100 and can go up to $200. The user also pays a fee for the use of the device, which ranges from $60 to $100 a month.
Additional costs and lost opportunities
An OWI brings other consequences that have a financial impact. For example, while not a fine, someone who gets an OWI conviction could also anticipate a 64.6% increase in annual premiums in Iowa, according to MoneyGeek’s research.
Furthermore, license revocation or restrictions with an IID can impact career prospects. Anyone who drives for a living could lose that job and have trouble finding something similar.
Many other careers require a clean driving record or no felonies to maintain a professional license. Working in transportation, education, law enforcement or health care could become difficult, if not impossible. An OWI could also be a negative factor during a background check for any job.
Truly, an OWI can be costly. Defendants do not have to simply accept the charges, though. A strong case and effective bargaining could help the accused reduce penalties for a less punitive sentence or even a case dismissal.]]>On Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=499162023-12-07T20:12:43Z2023-12-07T20:12:43ZRight of refusal
In Iowa, as in many other states, you have the right to refuse a sobriety test. This includes both field and chemical sobriety tests, such as breath tests. While you have a right to refuse, you may also face repercussions for doing so.
Penalties for refusal
The state of Iowa has an implied consent law. That law dictates that you consent to sobriety tests by obtaining a license and operating a motor vehicle. Refusing those sobriety tests can lead to penalties such as automatic suspensions and fines. These penalties are not contingent on a criminal conviction. Instead, a refusal suspension can take effect immediately while you await any other charges.
Not only that but, you face a longer suspension if you have prior refusals or convictions, leading to a period of several years in some cases. This can significantly affect your life even without a DUI conviction, so consider the option carefully.
Test result disputes
You may not realize that you can dispute the accuracy and reliability of the test results in any case. Factors such as improper administration, calibration and maintenance issues or medical conditions can call the findings into question.
According to the National Highway Traffic Safety Administration, 31% of traffic crash fatalities in the United States involve drunk drivers. Given that prevalence, law enforcement may get overenthusiastic about traffic stops. Understand your rights regarding sobriety tests in case you face a traffic stop for suspicion of DUI.]]>On Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=499142023-10-21T15:11:52Z2023-10-21T15:11:52ZSimple assault
Simple assault is a misdemeanor in Iowa. It involves knowingly causing physical injury or making threats to cause injury to another person. If convicted, an individual may face penalties such as fines, probation or imprisonment. The severity of these penalties depends on various factors, including the extent of injury caused and the circumstances of the assault.
Aggravated assault
Aggravated assault includes actions such as using a dangerous weapon or causing serious injury to another person. Iowa law treats aggravated assault as a felony. Penalties for aggravated assault can be substantial, and those found guilty may face longer prison sentences and larger fines compared to simple assault cases.
Domestic assault
Domestic assault occurs within the context of a romantic or familial relationship. Penalties for domestic assault may include mandatory counseling or therapy, restraining orders and imprisonment. These consequences aim to protect victims and address the underlying issues within domestic relationships.
Assault with intent
Assault with intent is where the assailant had a specific purpose or plan when committing the assault. Penalties for this can be especially severe, with extended prison sentences, as the individual's intentions play a significant role in determining the consequences.
Assault on law enforcement officers
Assaulting a law enforcement officer is a grave offense carrying substantial penalties. Those include enhanced fines, lengthy imprisonment and a permanent criminal record.
Assault on minors
Assault on minors penalties can result in more severe consequences than when an adult is the victim regardless of the circumstances. The state places a strong emphasis on protecting its youngest residents.
In most cases, the penalties for an assault conviction depend on the specific details of the incident, including the level of harm inflicted, the presence of weapons and the defendant's prior criminal history. Individuals convicted of assault may also face social consequences, such as damage to their reputation, strained relationships and difficulty in obtaining employment or housing.]]>On Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=499122023-10-17T23:32:11Z2023-10-17T23:32:11ZVoluntarily incriminating yourself
One of the gravest errors individuals commit is volunteering information that officials could use against them later. Admitting to having consumed alcohol or disclosing the quantity may weaken one's defense in a court of law. Silence can be a powerful ally in these situations.
Taking field sobriety tests
Submitting to field sobriety tests without understanding their voluntary nature is another pitfall. While officers may request such tests, individuals have the right to refuse without immediate legal consequences. These tests are subjective and may not accurately reflect one's level of impairment.
Overcooperating
While cooperation with law enforcement is important, overcooperating can be detrimental. Answering invasive or self-incriminating questions without legal counsel may prove disadvantageous later on. Maintaining a polite but firm stance is key.
Ignoring Miranda rights
Failing to assert one's Miranda rights is a common blunder. It is important to remember that anything said is something people can use against you in court. Requesting legal representation before answering any questions safeguards one's constitutional rights.
Consenting to searches
Granting consent for a vehicle search without a warrant is a common misstep. In the absence of probable cause, individuals are within their rights to deny such requests. Consenting to a search may uncover evidence that officials use against them.
Handling confrontations emotionally
Emotional reactions during a DUI stop can escalate the situation. Arguing, becoming confrontational or displaying hostility can result in additional charges such as resisting arrest. Maintaining composure is important for a smoother encounter.
Police officers pull over 20 million Americans every year. Being informed is the key to mitigating the consequences associated with a DUI stop.]]>On Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=498692023-08-02T17:23:21Z2023-08-02T17:23:21ZThe initial arrest and booking process
After the police pull you over and suspect drugged driving, they will conduct a series of tests. These can include field sobriety tests, breath tests and drug recognition expert evaluations. If these tests indicate impairment, they will arrest you. You will then go to the police station for booking, where they will take your fingerprints and mugshot.
Iowa's drugged driving laws and penalties
In Iowa, drugged driving falls under the umbrella of operating while intoxicated. The penalties for an OWI offense depend on the number of previous offenses you have. If you are a first-time offender, you may face up to one year in jail, a fine between $625 and $1,250 and a license suspension of 180 days. The penalties increase for subsequent offenses.
Navigating the court process
After your arrest, you will have to appear in court. Here, the prosecution will present evidence, including the results of any tests and the observations of the arresting officer. You will have the opportunity to challenge the evidence and provide your own. The court will then decide if you are guilty or not.
Moving forward after conviction
If the court convicts you of drugged driving, you must fulfill the penalties imposed by the court. This includes jail time, fines and license suspension. Once you have completed these penalties, you may need to complete a substance abuse evaluation and treatment program. Additionally, to reinstate your driving privileges, you must provide proof of completion of a state-approved driver's education course.
The experience of an arrest and the ensuing legal process can be frightening. But understanding what you face can help you navigate this challenging situation and make it easier to handle.]]>On Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=496862023-06-20T20:40:11Z2023-06-20T20:40:11Z1. Will contacting the person forever be a violation?
Generally, these orders are in place for the duration of the case and after. Your defense representative may help you get visitation privileges afterward. That said, the victim's opinion weighs heavily in court. Having no criminal background can help you get the order lifted.
2. What counts as a violation?
Electronic communication counts as a violation. Every time you send the victim a text, you are in violation. Additionally, you can violate the order by going within a certain number of feet of the victim. That can be problematic when you live, work or have children together. It can be even worse if the order protects your children too.
3. How do you defend yourself?
Generally, no-contact order violations are your word against the police. The victim does not usually need to testify. Usually, it requires the arresting officer to testify that they believed you were violating the order. The best way to defend yourself is to look for holes in their testimony. Even if you were in violation, you could highlight other circumstances that provoked you to contact the individual.
Defending yourself against violation charges can get your case dismissed or consequences reduced. That can help you keep your criminal record cleaner. If you violate a no-contact order, know what your next steps should be. Otherwise, you could face heavy consequences, including jail time and fines.]]>On Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=496712023-05-26T20:18:06Z2023-04-29T20:17:28ZWhy might your prenuptial agreement be invalid?
Though it might go without saying, one reason your prenuptial agreement might not hold up in court is if you and your spouse arrived at a verbal agreement without signing any binding documents. Another reason is if the existing agreement is unconscionable, skewing heavily in favor of one spouse over the other. Your spouse can also render the agreement invalid if they successfully claim that they do not understand the agreement or that they signed it under duress.
How can you protect your assets if your prenup is invalid?
If your prenuptial agreement is invalid, you still have options for protecting your assets in a divorce. If you and your spouse are still willing to compromise, you can arrive at a postnuptial agreement through mediation. Otherwise, it may be necessary to work with a forensic accountant who can equip you with accurate and impartial valuations of your business or other assets that you can use during asset division negotiations.
In most cases, a prenuptial agreement is an enforceable document that will hold up in court without issue. Keep in mind, though, that it is never too late to arrive at a separation agreement with your spouse until the divorce is final.]]>On Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=496682023-05-26T20:18:17Z2023-04-18T20:14:04ZFinancial collateral damage
Criminal charges may lead to collateral damage that affects a person's livelihood and professional career. Many employers conduct background checks on job candidates as part of the hiring process. A criminal conviction can make it challenging to find work. Even if one can secure employment, limited job options exist that hire those with a criminal record.
Additionally, for those in professions that require licensure to work (e.g., teachers, pharmacists, attorneys, doctors and nurses), criminal charges could lead to the loss of professional licenses. A revocation or suspension of these licenses effectively ends an individual's career.
College students with criminal charges may lose their financial aid award from their school and could even risk expulsion.
Societal consequences
Other direct and collateral damage of a criminal conviction may include immigration consequences, loss of voting rights, social stigma and suspension of a driver's license. Even after completing their sentence, those with criminal records may face social stigma and discrimination. For example, if the crime was sexually motivated, the person may have to register as an offender for the rest of their life.
Criminal charges can cause collateral damage beyond hefty fines and jail time.]]>On Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=484252024-03-12T14:48:07Z2023-02-23T02:29:01Zdrug possession in Iowa.
Direct consequences of possession of a controlled substance
When people think of penalties for a crime, the first thing that usually comes to mind is the direct consequences. These include things such as jail time and fines. For example, one of the first things that those found in possession of a controlled substance in Iowa can expect is 48 hours in jail, which is a mandatory punishment. You may expect even more consequences, including fines of up to $1,500 and up to one year in jail for a first offense. Jail time and fines increase for subsequent offenses after the first.
Collateral consequences of drug possession
Regardless of any jail time served or fines paid, experiencing an arrest can come with several collateral consequences. These might include a loss of good reputation within your community and firing from your place of employment, depending on their drug policy.
Being aware of the consequences of drug possession can serve as a deterrent to carrying drugs and also bring some clarity in the event that you do find yourself with this charge.]]>On Behalf of Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C.https://www.iclawfirm.com/?p=484232022-12-19T20:41:25Z2022-12-19T20:41:25Zdrug convictions no longer affect aid eligibility. Read further, however, because there are some considerations to think about.
The FAFSA will still ask you if you have a drug conviction
If you answer yes (always answer truthfully!) it will require you to complete a separate worksheet. It is important to complete the worksheet because the agency may reject an application that is incomplete for any reason. When you complete the worksheet, the federal government will not deny your aid for this reason.
Only report convictions from the time you were receiving aid
Any drug conviction you received while not receiving aid does not matter in this context. The government really only wants to make sure that you are a responsible borrower and will be able to repay the loan they give you. Convictions, while you were in nonstudent status, are irrelevant. Only report what is necessary.
Parole and probation do not affect your eligibility
Living in a halfway house, out on bail, on parole or completing probation does not preclude you from aid. However, if you are involuntarily committed to a civil facility because of a sexual offense, your aid application may be in jeopardy.
If you are in jail or prison, you have limited aid eligibility
Inmates cannot receive a federal Pell grant or federal student loan. If your release date is soon, however, and the aid deadline is approaching, go ahead and apply. Submit your application so that the agency can finalize it after your release and before you start your semester.]]>