Read About Our History Of Success

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

Family Law

December 2014

• Johnson County CDDM017312. AWARD OF PROPERTY, PENSION AND CASH PAYMENT — Attorney David Burbidge successfully negotiated a settlement that awarded his client approximately $200,000 more in assets than originally offered 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 more in savings, retirement money and a cash payment to her.
• Cedar County CVCV024236 — DISCHARGED FROM REGISTRY — Attorney Shawn Fitzgerald’s client, previously aided in Case AGCR023577, was assisted by Shawn in an Application for Modification and Proposed Removal from Registration Requirements pursuant to Iowa Code §692A.128. Based on interview data, actuarial risk assessment, and collateral information, Shawn was able to successfully have his client discharged from the sex offender registry.
• 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 invalid.

July 2014

• 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.
• Washington County CDCV004665 – JOINT PHYSICAL CUSTODY GRANTED — Attorney David Burbidge’s client wanted to have his children be equally in his care and his spouse’s care as part of their divorce. She would not agree to this. After a trial, the District Court determined that David’s client is “a terrific father” and granted joint physical care to the parents. Now, the children live with each parent on an equal schedule, as desired by David’s client.
• Linn County DADA013978; Iowa Supreme Court 17-1120 – FINDING OF DOMESTIC ABUSE OVERTURNED BY IOWA SUPREME COURT — Attorney David Burbidge’s client was found to have committed domestic abuse of his spouse. A protective order was issued. This limited the client’s contact with his young child too. David appealed it to the Iowa Supreme Court which ruled that no domestic abuse occurred. The decision of the Linn County Court was overturned and the protective order was dismissed.

• 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.

• 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.

 

Criminal Law

May 2018

• Cedar County AGCR024516 — PLEA OFFER ACCEPTED — Attorney Shawn Fitzgerald’s client was accused of the crime of Operating a Motor Vehicle While License is Barred as a Habitual Offender §321.560/ §321.561/ §321.555 /§321.556 (An Aggravated Misdemeanor), as well as Failure to Use Child Restraint Devise §321.446 (A Scheduled Violation). Attorney Shawn Fitzgerald was able to secure a plea offer satisfactory to both client and state.
• Muscatine County AGCR057733 — PLEA ACCEPTED, CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was accused of Domestic Abuse Assault §708.2A(2)(b) (A Serious Misdemeanor). An initial plea offer stated the client would have to plead guilty as charged, attorney Shawn Fitzgerald worked for a better offer for his client. The client was able to plead guilty to an amended lesser charge of Disorderly Conduct §723.4(2) (A Simple Misdemeanor).

March 2018

• Johnson County AGCR108579 & FECR115392 — FELONY REDUCED, FELONY DISMISSED — Attorney Shawn Fitzgerald’s client was charged with Count I, Burglary in the First Degree §713.1/ §713.3 (A Class B Felony); Count II, Robbery in the First Degree §711.1(A)/ §711.2 (A Class B Felony); and Count III, Theft in the First Degree §714.1(1)/ §714.2 (A Class C Felony). Attorney Shawn Fitzgerald was able to successfully reduce the charges to Count I, Burglary in the Third Degree §713.1/ §713.6A (A Class D Felony) and Count III, Theft in the First Degree §714.1(1)/ §714.2 (A Class C Felony). Count II was dismissed. Count I and Count III sentences have been allowed to be served concurrently.

• Linn County AGCR117558 — CHARGE AMENDED, CHARGE DISMISSED — Attorney Shawn Fitzgerald’s client was charged with Count I, Child Endangerment §726.6(1)(a)/ §726.6(3)/ §726.6)7) (An Aggravated Misdemeanor); Count II, Carrying Weapons §724.4(1); and Count III, Assault Causing Bodily Injury §708.1(2)(c)/ §708.2(2) (A Serious Misdemeanor). Count III was initially Assault While Displaying a Dangerous Weapon but was amended as part of a negotiated plea agreement where Shawn’s client agreed to plead guilty to Counts I and [amended] III. Count II was dismissed.
• Cedar County AGCR024099 — MISDEMEANOR CHARGES REDUCED TO SINGLE VIOLATION — Attorney Shawn Fitzgerald’s client was charged with Count I; Operating a Motor Vehicle While License is Barred as a Habitual Offender §321.555/ §321.556/ §321.560/ §321.561 (An Aggravated Misdemeanor) and Count II; Possession of Marijuana, a Schedule I Controlled Substance — First Offense §124.401(5) (A Serious Misdemeanor). At the closing of the case, Count I was reduced to the crime of No Valid Driver’s License §321.174(1), a mere Scheduled Violation. Count II was dismissed entirely.

September 2017

• Cedar County AGCR024471— FELONY AVOIDED, SENTENCE SUSPENDED— Attorney Shawn Fitzgerald’s client was accused of Count I, Willful Injury Resulting in Bodily Injury §708.4(2) (A Class D Felony) and Count II, Criminal Mischief in the Third Degree §716.1/ §716.5 (An Aggravated Misdemeanor). The client accepted the plea offer of the lesser offenses of Count I, Assault Causing Bodily Injury §708.2(2) (A Serious Misdemeanor) and Count II, Criminal Mischief Fourth Degree §716.1/ §716.6(1)(a)(1) (A Serious Misdemeanor) with a suspended sentence and time served to run concurrently.

June 2017

• Cedar County AGCR024631 — CHARGES DISMISSED, SENTENCE REDUCED— Attorney Shawn Fitzgerald’s client was charged with Count I, Failure to comply with Sex Offender Registry Requirements — First Offense §692A.103/ §692A.111/ §692A.112 (An Aggravated Misdemeanor) and Count II, Possession of Methamphetamine — a Schedule II Controlled Substance — First Offense §124.401(5) (A Serious Misdemeanor). Negotiations with the county attorney resulted in attorney Shawn Fitzgerald successfully reaching a plea agreement ensuing in suspension of half the jail sentence regarding Count I, and the complete dismissal of all state companion misdemeanor offenses and citations.

• 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 Third Degree avoiding a felony conviction. The Operating a Motor Vehicle While Intoxicated OWI/DUI was dismissed.
• Cedar County AGCR024169 — CHILD ENDANGERMENT CHARGES DISMISSED — Attorney Shawn Fitzgerald’s client was charged with two 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.

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 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.
• 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.

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 Third 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 avoid prison and any sex offender registration requirements.

• Johnson County AGCR107758 ALL CHARGES DISMISSED — Attorney Shawn Fitzgerald’s client was charged with Possession of a Controlled Substance Second Offense, Cocaine. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.

October 2014

• Cedar County AGCR022915 — JURY VERDICT OF NOT GUILTY/ACQUITTAL— 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 two years in prison. After two days of trial, the jury returned a verdict of not guilty.

• 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).
• Muscatine County AGCR051115 — DEFERRED JUDGMENT GRANTED — 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).— Attorney Shawn Fitzgerald’s client was charged with Assault While Displaying a Weapon (An Aggravated Misdemeanor), Carrying Weapons (An Aggravated Misdemeanor) and two counts of Possession of a Prescription Drug. Attorney Shawn Fitzgerald was successful in negotiating and arguing for a deferred judgment on the Carrying Weapons charge and one count of Possession of a Prescription Drug. All other charges were dismissed.
• Cedar County FECR022794, FECR022793, FECR022867, And AGCR022878 — CHARGES DISMISSED — Attorney Shawn Fitzgerald’s client was charged with Burglary in the Third 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.
• 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 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).
• Johnson County AGCR102129 — CHARGES REDUCED — Attorney Shawn Fitzgerald’s client was charged with Assault With a Dangerous Weapon, (aggravated misdemeanor), Harassment First degree (aggravated misdemeanor), and Driving While Revoked (serious misdemeanor). Attorney Shawn Fitzgerald negotiated a sentence to Assault (simple misdemeanor), Harassment Second degree (serious misdemeanor), and Driving While Revoked (serious misdemeanor).
• Johnson County AGCR102129 — CHARGES REDUCED — Attorney Shawn Fitzgerald’s client was charged with Assault With a Dangerous Weapon, (aggravated misdemeanor), Harassment First degree (aggravated misdemeanor), and Driving While Revoked (serious misdemeanor). Attorney Shawn Fitzgerald negotiated a sentence to Assault (simple misdemeanor), Harassment Second degree (serious misdemeanor), and Driving While Revoked (serious misdemeanor).
• 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).
• 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.

February 2018

• Linn County SRCR122872 & SMSM123702 — CHARGE DISMISSED— Attorney Shawn Fitzgerald’s client was accused of Possession of a Controlled Substance (Methamphetamine) §124.401(5) and Public Intoxication §123.46(2). After reviewing evidence attorney Shawn Fitzgerald discovered that the police failed to properly preserve evidence resulting in a guilty plea to Public Intoxication and a dismissal of the possession charge.

• Johnson County SMSM106893 — NO CONTACT ORDER LIFTED, CHARGES DISMISSED — Attorney Shawn Fitzgerald’s client was accused of Domestic Abuse Assault — First Offense §708.2A(2)(a). Within a week of being appointed, attorney Shawn Fitzgerald was able to have a No Contact Order lifted, the charges dismissed, and has since advised the client they may petition to have the case expunged from their record.

November 2017

• Johnson County SMSM105835 — CHARGE AMENDED, SENTENCE DEFERRED— Attorney Shawn Fitzgerald’s client was accused of Domestic Abuse Assault — First Offense §708.2A(2)(A). Through attorney Shawn, the client was able to plead guilty to the amended lesser offense of Disorderly Conduct §723.4(2), receive a deferred judgment, and was placed under unsupervised probation.

• Johnson County SMSM105509 — CASE DISMISSED — Attorney Shawn Fitzgerald’s client was charged with the offense of Theft in the Fifth Degree in violation of Iowa Code §714.2(5). Within a month of filing his appearance, the case was dismissed.
• 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, Third 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 First Offense and obtaining a dismissal of the Driving While License was Denied or Revoked charge. This deal avoided two felony convictions.
• 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 of 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 SMSM102821 — CHARGES DISMISSED — Attorney Shawn Fitzgerald’s client was charged with Harassment Third Degree Iowa Code §708.7. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the charge.

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.

• 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.
• Jackson County FECR016148 and FECR016885 — FELONY CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was charged with Theft in the Second 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 Second Degree reduced to Theft in the Third 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 FECR022875 — FELONY CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was charged with Theft in the Second Degree (D felony). Attorney Shawn Fitzgerald successfully negotiated the charge down to Theft in the Fifth Degree, a simple misdemeanor.
• Cedar County FECR022487 — FELONY CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was charged with Sex Abuse in the Third Degree (C felony sex crime). Attorney Shawn Fitzgerald began representing his client after the client was convicted of Sex Abuse in the Third 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 nonsex crime.
• Johnson County FECR097980 — FELONY CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was charged with Theft in the Second 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.
• 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.
• Jefferson County FECR004124 — FELONY CHARGE REDUCED, DEFERRED JUDGMENT GRANTED — Attorney Shawn Fitzgerald’s client was charged with Manufacture of a Controlled Substance – Methamphetamine (B felony) and four 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 Second Degree (D felony). Attorney Shawn Fitzgerald was able to have the charge 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, pleaded 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.
• Washington County FECR006449 — FELONY AVOIDED, FINES REDUCED — Attorney Shawn Fitzgerald’s client was charged with Criminal Mischief in the First Degree §716.1/ §716.3(1)(a)/ §716.3(2) (A Class C Felony). After reviewing evidence and testimonies, a plea agreement was reached. The client pleaded guilty to Criminal Mischief §716.6(2) (A Simple Misdemeanor). In addition to the lesser charge, the state recommended the minimum fine.
• Johnson County FECR112732 — CASE DISMISSED, RECORD EXPUNGED — Attorney Shawn Fitzgerald’s client was charged with Count I; Manufacture, Deliver or Possess with intent to manufacture or deliver marijuana §124.401(1)(D) and Count II; Failure to Affix Drug Tax Stamp on Taxable Substance §453B.12/ §453.3/§453.1. After a thorough review of the evidence, attorney Shawn Fitzgerald was successful in obtaining a dismissal of the matter and exoneration of the bond, as well as expungement from the record.
• Cedar County FECR024750 — FELONY AVOIDED, PRISON SENTENCE SUSPENDED — Attorney Shawn Fitzgerald’s client was charged with Manufacture, Deliver or Possess with Intent to Manufacture or Deliver Marijuana §124.401(1)(d) (A Class D Felony). Shawn was able to negotiate a plea agreement where the charge was reduced to Keeping a Dwelling for the Purposes of Possessing Controlled Substances §124.402(1)(e) (An Aggravated Misdemeanor). In addition to the lesser charge, Shawn was able to obtain a suspended sentence.
• Cedar County FECR022514 — CHARGE AMENDED, FELONY AVOIDED — Attorney Shawn Fitzgerald’s client was accused of the crime Aiding and Abetting a Felon in Possession, Dominion and Control of Firearms and Ammunition §703.1/ §724.26 (A Class D Felony). Following a back and forth with the county attorney over plea offers, deferments, and dismissals; attorney Shawn Fitzgerald was able to take advantage of his client’s cooperation with the DNR and a delay prosecution in order to amend the charge to Interference with Official Acts §719.1(1)(a)/ §719.1(1)(b) (A Simple Misdemeanor).
• Johnson County FECR111949 & OWCR111615 — LESSER CHARGE, CHARGE DISMISSED — Attorney Shawn Fitzgerald’s client was charged with Count I: Manufacture, Deliver or Possess with Intent to Manufacture or Deliver Marijuana §124.401(1)(D) (A Class D Felony); Count II: Operating While Intoxicated — First Offense §321J.2 (A Serious Misdemeanor); and Count III: Driving While License was Denied or Revoked §321J.21 (A Serious Misdemeanor). The client was then charged with Count I, Operating While Intoxicated — First Offense §321J.2 (A Serious Misdemeanor) on a subsequent occasion. Attorney Shawn Fitzgerald provided family situations, education, prior criminal record, and facts and circumstances surrounding the offenses to secure a lesser sentence of Possession of Marijuana — First Offense. Count III regarding case FECR111949 was dismissed entirely, in addition to a single charge of OWI in matter OWCR111615.
• Washington County FECR055266 — CHARGES REDUCED DESPITE INITIAL DENIAL — Attorney Shawn Fitzgerald’s client was accused of Theft in the Second Degree §714.1/ §714.2(2). The court initially denied a plea offer, however, attorney Shawn Fitzgerald was later able to successfully order an amended plea agreement and the client’s charges were reduced to the lesser offense of Theft in the Third Degree §714.1/ §714.2(3).
• Cedar County FECR024986 — FELONY/JAIL TIME AVOIDED — Attorney Shawn Fitzgerald’s client was charged with Burglary in the Second Degree §713.1/ §713.5 (A Class C Felony). Shawn was able to achieve deferred judgment on the lesser charge of Harassment in the Second Degree §708.7(1)(a)(1)/ §708.7(3)(a) (A Serious Misdemeanor) and his client was placed on unsupervised probation.
• Muscatine County FECR055676, FECR055680, FECR055681 & FECR057186 — HABITUAL OFFENDER FELONIES AVOIDED, CHARGES DISMISSED — Attorney Shawn Fitzgerald’s client was charged with Count I, Willful Injury §708.4(1) (A Class C Felony as a Habitual Offender) and Count II, Criminal Gang Participation §723A.2 (A Class D Felony). Shawn was able to reach an agreement with the prosecution; the client pleaded guilty to Count I, Assault Causing Bodily Injury §708.2(2). Count II was dismissed. Less than six months later the client was again arrested; charged with Count I, Threat of Arson §712.1/ §712.8 and Count II, Interference with Official Acts §719.1(1)(f) (A Class D Felony). After an initially denied plea offer, an agreement was eventually reached. Thanks to attorney Shawn Fitzgerald the client was able to plead guilty to Interference with Official Acts While Armed with a Dangerous Weapon as a Habitual Offender. Count I was dismissed.

January 2018

• Louisa County FECR008120 — CASE, FELONY DISMISSED— Attorney Shawn Fitzgerald’s client was accused of the crime of Sexual Abuse in the Third Degree §709.1/ §709.4(1)(a)/ §903B.1 (A Class C Felony). After a substantial review of police reports, witness statements, and after subpoenaing surveillance videos, attorney Shawn Fitzgerald discovered new evidence that lead the case to conclude in a dismissal with prejudice.

• Washington County FECR006373 & SRIN010897 — FELONY AVOIDED, JUDGMENT DEFERRED — Attorney Shawn Fitzgerald’s client was charged with the crime of Criminal Mischief in the Second Degree §716.1/ §716.4(1)/ §716.4(2) (A Class D Felony) and, at a later date, Possession of Marijuana — a Schedule I Controlled Substance — First Offense §124.401(5) (A Serious Misdemeanor). The defendant, by counsel, tendered a plea of guilty to the lesser offense of Criminal Mischief in the Fifth Degree §716.6 (A Simple Misdemeanor) and the latter charge concluded in a deferred judgment.
• Cedar County FECR024456 — FELONY ABRIDGED — Attorney Shawn Fitzgerald’s client was charged with Theft in the First Degree §714.1(1)/ §714.2(1) (A Class C Felony). The client was faced with various plea offers, eventually accepting the plea of guilty to the lesser-included offense under Count I of theft in the Second Degree §714.2(2).

October 2017

• Cedar County FECR024716 — CHARGE REDUCED, SENTENCE SUSPENDED— Attorney Shawn Fitzgerald’s client was charged with Child Endangerment §726.6(1)(a)/ §726.6(3)/ §726.6(6) (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 charge to the lesser offense of Child Endangerment §726.6(1)(a)/ §726.6(3)/ §726.6(7) (An Aggravated Misdemeanor). In addition to the lesser charge, all sentenced days were suspended.

• Cedar County FECR024765 — CHARGES DEFERRED, 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.
• 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 Third Offense OWI/DUI §321J.2(2) (c) (A Class D Felony), and Possession of a Controlled Substance Third 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.
• 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 initially charged with Theft in the First 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.

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 I — Going armed with intent §708.8 (A Class D Felony); Count II, Assault with a dangerous weapon §708.1, §708.2(3) (An Aggravated Misdemeanor); Count III, Possession of a Schedule I Controlled Substance — Marijuana §124.401(5) and §124.204(4)(m); Count IV, Harassment — Third 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 I and II dismissed, and the defendant was sentenced to 48 hours in jail with credit for time served on Counts III and IV.
• 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 Second 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.
• Muscatine County FECR055244 — CHARGES REDUCED, MANDATORY PRISON AVOIDED — Attorney Shawn Fitzgerald’s client was charged with Robbery in the First Degree Iowa Code §711.2 (A Class B Felony With A Mandatory 25-Year Prison Sentence), and Burglary First 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 First Degree Iowa Code §714.2(1) and successfully arguing for a suspended sentence. The client returned home the day of the sentencing hearing.
• 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 eight years before parole eligibility. Attorney Shawn Fitzgerald was successful in having the charges reduced subsequently reducing the mandatory prison sentence to less than two years.
• 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 three counts of Possession of Precursors Iowa Code §124.401(4). The client faced a 40-year prison sentence with a mandatory eight 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 the client’s record.

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.
• Muscatine County FECR052679 — CHARGE REDUCED, MANDATORY PRISON SENTENCE AVOIDED — Attorney Shawn Fitzgerald’s client was charged with Robbery in the Second Degree (Class C Forcible Felony) Iowa Code §711.3 and Theft in the Second Degree (Class D) Iowa Code 714.2. Shawn Fitzgerald’s client faced up to 15 years in prison with a mandatory 70 percent or seven years for the Robbery charge. Attorney Shawn Fitzgerald was successful in having the Robbery charge amended to Theft in the First Degree. The Theft in the Second Degree was eventually dismissed. The client avoided the mandatory seven-year prison sentence.
• Cedar County FECR022270 — PRISON TIME AVOIDED — Attorney Shawn Fitzgerald’s client was charged with Sexual Abuse in the Third 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.
• 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.
• 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.

February 2016

• Johnson County FECR108545 — FELONY CHARGES REDUCED, JAIL AVOIDED, DRIVER’S LICENSE SUSPENSION AVOIDED— Attorney Shawn Fitzgerald’s 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 six-year prison sentence and a driver’s license suspension. A very thorough review of the evidence and strong negotiation with the prosecution helped attorney Shawn Fitzgerald successfully 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 nonsex 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 First 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 Second Degree Iowa Code §713 and Going Armed with Intent Iowa Code §708.

• 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.
• Cedar County FECR23394 — 28 CHARGES DISMISSED — Attorney Shawn Fitzgerald’s client was charged with one count of Identity Theft in violation of Iowa Code 715A, one count of Theft Second 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 Third Degree and one count of Forgery. Defendant was sentenced to 60 days in jail and probation.

August 2015

• Johnson County FECR103552 DEFERRED 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.

• 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.

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.

• 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 Substance when charged with the felony charges. Attorney Shawn Fitzgerald successfully negotiated an agreement with the prosecutor to which his client received 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.

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.
• 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 (Class 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 two counts of Possession of a Controlled Substance With Intent to Deliver (Class C Felony), and one count of Possession of a Controlled Substance (serious misdemeanor). Client was, at the time of arrest, on probation for a Second 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 2018

• Johnson County SRCR116935 — PROGRAM COMPLETED, CHARGES DISMISSED — Attorney Shawn Fitzgerald’s client was accused of Possession of Marijuana, A Schedule I Controlled Substance — First Offense §124.401(5)/ §124.204(4)(m) (A Serious Misdemeanor). Attorney Shawn Fitzgerald was able to enter his client into the Johnson County Attorney’s Diversion Program. The success of the client’s timely completion of the program was leverage enough for Shawn to obtain a dismissal of the client’s charges.

• Johnson County SRCR115700 — PLEA OFFER ACCEPTED — Attorney Shawn Fitzgerald’s client was accused with Domestic Abuse Assault, Injury or Mental Illness — First Offense §708.2A(2)(B). Attorney Shawn presented a plea offer which the client accepted. The client pleaded guilty to the lesser charge of Disorderly Conduct §723.4(2) and was merely sentenced with fines.
• 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.
• 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.
• 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, First 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.
• 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.
• 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 having 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.
• Johnson County SRCR109005 DOMESTIC ABUSE CHARGES REDUCED — Attorney Shawn Fitzgerald’s client was charged with Domestic Abuse Assault Causing 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.

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.

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.

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.

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.
• 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 six-month suspension of the client’s driver’s license. Attorney Shawn Fitzgerald successfully negotiated a resolution in which the charge was reduced to No Valid Driver’s License (A Simple Misdemeanor) preventing the additional six-month license suspension.
• 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 six-month suspension of the client’s driver’s license. Attorney Shawn Fitzgerald successfully negotiated a resolution in which the charge was reduced to No Valid Driver’s License (A Simple Misdemeanor) preventing the additional six-month license suspension.

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, Fraud or Subterfuge, a D felony. Attorney Shawn Fitzgerald filed a motion in limine arguing specific evidence or testimony was inadmissible at trial. Based on the legal argument set forth in the motion in limine, attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.
• 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.

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.

• Johnson County SRCR102999 — CHARGES REDUCED — Attorney Shawn Fitzgerald’s client was charged with Public Intoxication — Second Offense, a serious misdemeanor. Attorney Shawn Fitzgerald was able to negotiate a reduce charge to Public Intoxication First Offense, a simple misdemeanor.
• 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.
• 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 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).To learn more and to speak with a lawyer, contact Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C., in Iowa City at 319-359-6492. You can also contact us by email.
• Cedar County OWCR024644 & SMCR024651 — PLEA ACCEPTED, OWI CHARGE DISMISSED LICENSE SUSPENSION OVERTURNED — Attorney Shawn Fitzgerald’s client was accused of Operating While Intoxicated — First Offense §321J.2 (A Serious Misdemeanor). The client was also accused of Interference with Official Acts §719.1(1)(a)/ §719.1(1)(b). Attorney Shawn Fitzgerald successfully negotiated a plea agreement in the Interference with Official Acts (A Simple Misdemeanor) matter. The OWI charge was dismissed and the license suspension was overturned.

December 2017

• Clinton County OWCR074737 — LESSER CHARGE— Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated — First Offense §321J.2(1)(a)/ §321J.2(2)(a) (A Serious Misdemeanor). A prompt plea agreement reduced the charge to Reckless Driving §321.2777 (A Simple Misdemeanor).

August 2017

• Johnson County OWCR115070 — FELONY CHARGE REDUCED, PROBATION MODIFIED— Attorney Shawn Fitzgerald’s client was charged with Count I, Operating while Intoxicated — Third or Subsequent Offense §321J.2 (A Class D Felony) and Count II, Operating a Motor Vehicle while Barred as a Habitual Offender §321.560/ §321.560/ §321.561 (An Aggravated Misdemeanor). Attorney Shawn Fitzgerald was successful in reducing the Count I charge to an aggravated misdemeanor, avoiding the felony. Furthermore, and even after an initial denial, Shawn successfully fought to modify the probation from supervised to unsupervised.

• Johnson County OWCR088734 — VIOLATION DISMISSED, WARRANT RECALLED — While represented by another attorney, attorney Shawn Fitzgerald’s client was charged with Operating While Under the Influence §321J.2 (A Serious Misdemeanor). The conclusion of the case was the client be placed under probation and adhere to all stipulations. Upon violating probation, Shawn took up representation and was swiftly able to have the state dismiss the pending probation revocation matter as well as have the warrant recalled.
• 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 CHARGE 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 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.
• Cedar County OWCR023923 — OWI THIRD OFFENSE AMENDED TO RECKLESS DRIVING — Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated (OWI) Third Offense (Class D Felony). An OWI Third Offense carries a mandatory 30-day jail sentence with up to five 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 five-year prison sentence, $3,250 fine.
• Cedar County OWCR023447 — OWI THIRD OFFENSE AMENDED TO RECKLESS DRIVING — Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated (OWI) Third Offense (Class D Felony). An OWI Third Offense carries a mandatory 30-day jail sentence with up to five 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 five-year prison sentence, $3,250 fine.

April 2016

• Cedar County OWCR024047 — CHARGE REDUCED, FELONY AVOIDED — Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated (OWI) Third Offense (Class D Felony). An OWI Third Offense carries a mandatory 30-day jail sentence with up to five years in prison. Attorney Shawn Fitzgerald was successful in negotiating to a reduced charge of OWI Second Offense ultimately preventing a felony conviction for the client.

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.

December 2015

• Johnson County OWCR108207 OPERATING WHILE INTOXICATED (OWI/DUI) REDUCED — Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated Second Offense (OWI/DUI) Iowa Code §321J.2. Attorney Shawn Fitzgerald was successful in reducing the charge to Operating While Intoxicated (OWI/DUI) First Offense.

• Linn County OWCR111153 And OWCR105410 — PRISON AVOIDED — Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated Third 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 Third 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 in preventing the client from serving a prison sentence.

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 OWCR103829 — OWI CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was charged with Operating a Motor Vehicle 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 inadmissible evidence. The charge was reduced to a public intoxication.
• 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.

April 2014

• Johnson County OWCR103558 — OWI CHARGE DISMISSED— Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated (OWI) First Offense. Attorney Shawn Fitzgerald was able to obtain a dismissal of all charges.

• Muscatine County OWCR49186 — OWI CHARGE DISMISSED — Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated First 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.
• 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 retain the deferred judgment and keeping the conviction from client’s record.
• 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.
• 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.
• Cedar County SMCR024922 — CASE DISMISSED, NO CONTACT ORDER LIFTED — Attorney Shawn Fitzgerald’s client was charged with Domestic Abuse Assault — First Offense §708.2A(2)(a). After several motions to continue due to party negotiations, Shawn was able to have the case dismissed and the No Contact Order canceled.

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.

• 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 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 having 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.

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.

• 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.
• 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.

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.

• Jefferson County OWIN009278 — OWI AMENDED TO RECKLESS DRIVING — Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated (OWI) First 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 fine.
• 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 reduced 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 one year to 180 days.

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.

• 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.
• Washington County OWIM010597 — OWI/DUI CHARGE DISMISSED, LICENSE SUSPENSION OVERTURNED — Attorney Shawn Fitzgerald’s client was charged with Operating While Intoxicated Third 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.

March 2015

• 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