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***

Operating While Intoxicated

OWCR134079 – Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. Attorney Fitzgerald won the license suspension appeal. The driver’s license suspension was vacated, and the case was dismissed.
OWCR132361 – Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. Attorney Fitzgerald successfully suppressed the breath test obtained in violation of client’s right. The driver’s license suspension was vacated, and the case was dismissed.
OWCR134076 – Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. Attorney Fitzgerald successfully argued the prescription pill defense. The driver’s license suspension was vacated, and the case was dismissed.
OWCR108852, OWCR110111, & SMSM100262 — Client was charged with two counts of Operating a Motor Vehicle While Intoxicated OWI, 3^rd 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 1^st Offense and obtaining a dismissal of the Driving While License was Denied or Revoked charge. This deal avoided two felony convictions.
FECR006387, FECR006278 — 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.
OWIM010597 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI, 3^rd Offense 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.
FECR056054, AGCR055788, & OWCR055737 —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.
OWIN010631 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, 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.
OWIN009278 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. 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.
OWIN008925— Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, 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.
OWCR024644 & SMCR024651 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. 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.
OWCR074737 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. A prompt plea agreement reduced the charge to Reckless Driving §321.2777 (A Simple Misdemeanor).
OWCR115070 — Client was charged with Count I, Operating while Intoxicated 3^rd 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.
OWCR088734 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. 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.
OWCR112751 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, 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. This motion was granted removing the breath test results from evidence. This caused the State/Prosecutor to amend the charge to public intoxication.
OWCR107182— Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, 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.
OWCR024365— Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, 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.
OWCR023923 — Client was charged with Operating While Intoxicated (OWI) 3^rd 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.
OWCR023447 — Client was charged with Operating While Intoxicated (OWI) 3^rd 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.
OWCR024047 — Client was charged with Operating While Intoxicated (OWI) 3^rd 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.
OWCR110010 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. Attorney Shawn Fitzgerald was successful in having the charge reduced to a public intoxication Iowa Code §123.46.
OWCR108207— Client was charged with Operating While Intoxicated 2^nd Offense (OWI/DUI) Iowa Code §321J.2. Attorney Shawn Fitzgerald was successful in reducing the charge to Operating While Intoxicated (OWI/DUI) First Offense.
OWCR111153 And OWCR105410 — Client was charged with Operating While Intoxicated 3^rd 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 3^rd 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.
OWCR107182— Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, 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.
OWCR103829 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. 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.
OWCR104646 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2, 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.
OWCR103558 — Client was charged with Operating While Intoxicated (OWI) 1^st Offense. Attorney Shawn Fitzgerald was able to obtain a dismissal of all charges.
OWCR49186 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. 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.
OWCR57174 – Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2 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.
OWCR022709 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. 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.
OWCR021666 — Client was charged with Operating a Motor Vehicle While Intoxicated OWI/DUI 1^st Offense, Iowa Code 321J.2. Attorney Shawn Fitzgerald was able to negotiate the charge to reckless driving.

Traffic Violations

NTA0030883 — 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.
NTA1067732 — 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.
STA0130507 — 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.
STA0130507 — Client is an over-the-road truck driver and was ticketed for failure to obey a traffic control device (running a red light). Attorney Shawn Fitzgerald was successful in obtaining a dismissal of the ticket.

Eluding

AGCR023272 — 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).
FECR024765 — 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.
AGCR051115 — 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.

Possession with Intent to Deliver

FECR026075 – Client was charged with the offense Conspire to Manufacture, Deliver and/or Possess with Intent to Deliver Marijuana violation of Iowa Code §124.401(1)(d), Failure to Affix Drug Stamp violation of Iowa Code §453B.12, and Keep or Maintain Premises or Other Environment for Drugs violation of Iowa Code §124.402(1)(e). Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.
AGCR097259— 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.
FECR103909 And OWCR100431 — 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.
FECR108184— 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.
FECR116567 — 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.
FECR024157 — 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.
FECR111949 & OWCR111615 —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.
FECR022296 — 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.
FECR023356.— 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.
FECR024336 — 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.
FECR103552— 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.
FECR054696 — 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.
FECR112732 — 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.
FECR024750 — 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.
FECR097982 — 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.
FECR049866 — 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.
FECR102019 — 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.
FECR95646 — 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)

Possession of Drugs

AGCR107758— Client was charged with Possession of a Controlled Substance Second Offense, Cocaine. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.
SRCR122872 & SMSM123702 — 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.
OWCR024529 & SRCR024749 — 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.
SRCR116935— 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.
SRCR103917 — Client was charged with Possession of a Controlled Substance. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.
SRCR023546 — 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.

Robbery/Theft/Burglary Cases

AGCR107740 — 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.
SMSM105509 — 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.
FECR016148 and FECR016885 — 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.
FECR024986 — 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.
FECR055266 — 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).
FECR114451 — 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.
FECR024456 — 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).
FECR055244 — 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.
FECR052679 — 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.
FECR106956 — 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.
FECR023540 — 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.
FECR23394 — 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.
FECR053898 — 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.
FECR0980170 — Client was charged with Theft in the Second Degree (D felony). Attorney Shawn Fitzgerald was able to have the charge dismissed.
FECR097980 — 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.
FECR022875 — 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.
AGCR108579 & FECR115392 — 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.
FECR022794, FECR022793, FECR022867, And AGCR022878 — 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.
FECR102393 — 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.
FECR104788 — 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.
FECR107969— 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.

Domestic Abuse

SMSM101930 — Client was charged with Domestic Abuse Assault Iowa Code §708.2A. Attorney Shawn Fitzgerald was successful in obtaining a dismissal of all charges.
SMSM094418 — Client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.
SMSM106893 —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.
SMSM105835 — 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.
SRCR115700 —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.
SRCR102230 — Client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.
SRCR108826— 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.
SRCR102231— 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.
SRCR056250 & SMCR056251 — 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.
SRCR053560 — 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.
SRCR024132— 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.
SRCR109005— 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.
SRCR103634 — Client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.
SRCR100817 — Client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.
SRCR10140 — Client was charged with Domestic Abuse Assault. Attorney Shawn Fitzgerald was able to have all charges dismissed.
SRCR094921 — 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).
AGCR057733 — 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).
AGCR057733 — 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).
AGCR057733 — 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).
SMCR024922 — 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.
SMCR024394 — 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.
SMCR024222— 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.
SMCR054509 — 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.
SRIN010673 — 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.
AGIN010428— Client was charged with Domestic Assault Causing Serious Bodily Injury Iowa Code §708. Attorney Shawn Fitzgerald was successful in getting all charges dismissed.

Assault / Willful Injury

FECR111687 And FECR111227 — 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.
FECR108911— 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.
SRCR106958 — 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.
AGCR024471— 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.
FECR055676, FECR055680, FECR055681 & FECR057186 —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.
SRCR107928— 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.
AGCR102129 — 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).
AGCR102129 — 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).
SRCR023037, AGCR022482, FECR023036, FECR022481— 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.

Child Endangerment

AGCR117558 — 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.
FECR024716 — 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.
AGCR024169 — 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.
AGCR022915 — 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.

Sex Offender Registry

AGCR024631 — 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.
AGCR023577 — 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.

Sexual Abuse

AGCR102227— 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.
FECR022487 — 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.
FECR008120 — 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.
FECR022270 — 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.
FECR052288 — 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.