Protect your rights, your reputation and your freedom.  If you or a loved one is facing criminal charges it is imperative to contact a qualified attorney immediately.  We provide experienced, zealous advocacy at every stage of the legal process while treating you with respect and compassion.

Whether you or a loved one has been wrongly accused or unjustifiably overcharged, the legal system can feel daunting and insurmountable.  It is vital to have an experienced, knowledgeable attorney at your side to guide you through the process and seek a just result.

Iowa’s theft laws cover a lot of different acts, but generally speaking go by value of the property.  Shoplift from a retail store under $300 and you may be charged with a Simple Misdemeanor, pass a bad check over $10,000 and face a Class C Felony and a ten year prison sentence.  Every case and situation is different,  An experienced attorney will obtain the discovery necessary to review and defend your case and seek the best resolution possible.

Theft in the First Degree

Class C Felony
Up to 10 Years in Prison
Fine up to $13,660
Theft valued over $10,000 or Theft from a Person

Theft in the Third Degree

Aggravated Misdemeanor
Up to 2 Years in Prison
Fine up to $8,540
Theft valued over $750 but less than $1,500, or two prior theft convictions

Theft in the Fifth Degree

Simple Misdemeanor
Up to 30 Days in Jail
Fine up to $855
Theft valued under $300

Theft in the Second Degree

Class D Felony
Up to 5 Years in Prison
Fine up to $10,245
Theft valued over $1,500 but less than $10,000, or a vehicle under $10,000

Theft in the Fourth Degree

Serious Midemeanor
Up to 1 Year in Jail
Fine up to $2,560
Theft valued over $300 but less than $750

Criminal charges generally follow a similar timeline.  This can be a stressful and confusing time.  We strive to explain and simplify the process, while taking that burden off your shoulders, keeping you informed as your case progresses.  Below is a summary of the steps you may encounter beginning from when you are first pulled over through trial or resolution.

Arrest

When you are arrested, you may have the opportunity to post bond or to be released with a citation to appear.  If you are not released you will see a Magistrate Judge, typically the following morning, which may be in person or by video.  If you are released without seeing a Judge then you will be provided paperwork notifying you of your Initial Appearance court date.  It is important to contact an attorney immediately to begin preparing your defense.  Hiring an attorney may also be able to alleviate your need to attend court in person, saving you time, money, and stress.

After the Initial Appearance the Court may set a Preliminary Hearing within ten days for a person still in jail and within twenty days for a person released from custody.  A Preliminary Hearing is a process for the Court to determine whether sufficient probable cause exists for the case to proceed.  Depending on county and judicial district, Preliminary Hearings can be rare, as the State is authorized by law to submit a Trial Information in lieu of holding such a hearing.  Preliminary Hearings are also commonly waived, leaving Arraignment as the next significant step in the judicial process.  

Trial Information and Arraignment

The Trial Information is the charging document filed by the County Attorney formally charging you with a crime.  The filing of this document triggers the Court scheduling an Arraignment.  This hearing is for the Court to read the charges, notify you of your rights, and to enter a plea.  Most common practice when represented by an attorney is to file a written arraignment document notifying the Court of those particulars and pleading Not Guilty, without necessitating in-person court appearance.  One important decision made at that time is to inform the Court whether you are demanding or waiving your right to a speedy trial.  This is an important decision with factors to consider in consultation with your attorney.  After Arraignment the Court will either schedule your trial for a Pretrial Conference, a Trial date, or both.

Discovery, Pretrial Conference and Trial

Filed with the Trial Information is the Minutes of Testimony, a confidential document that includes a list of the witnesses the State plans to call at trial and a summary of their proposed testimony.  Depending on the case, this may include police reports and other investigatory documentation, but your attorney will seek further discovery to review the important details of your case.  In this technological age video and audio is commonplace, from patrol vehicle cameras and body-worn cameras to city and private surveillance, we are often tracked and recorded from the moment we leave our homes.  Such evidence may be vital to your defense.

A Pretrial Conference is an opportunity for your attorney to discuss this matter with the County Attorney handling your case and to request things from the Court.  Often this is the stage that plea negotiations take place in earnest.  This is also the stage in which viable defenses and motions may be considered and filed, which may require further court hearings.  Whether your personal attendance is required or not is very dependent on judicial district, county, and even the presiding Judge.  It is important that you talk to your attorney about your personal appearance, and should always consider that personal appearance is required unless advised otherwise.

If a case is not dismissed or otherwise resolved it proceeds to trial.  You have a constitutional right to a speedy, public trial by a jury of your peers.  An experienced trial attorney will be able to advise you in this process and not shy away from a necessary trial.

*Any information provided herein is for informational purposes only, does not create an attorney-client relationship without a signed Fee Agreement by both client and attorney.  As the legal process is always changing, the accuracy of any information provided may be out of date and an attorney should be consulted.*

*The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

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