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Answers to your common questions

  • Theft

    • In Iowa, a theft crime is generally considered a felony once the value of the property stolen exceeds $1,500. It is a Class D felony if the stolen property is more than $1,500 in value but not more than $10,000 in total. For property that exceeds $10,000 in value, the defendant can be charged with a Class C felony. Additionally, theft of a motor vehicle or theft from a building destroyed due to disaster or rioting is also a felony crime.
    • Yes, it is possible to fight a theft charge in Iowa. If you have been arrested for or charged with a theft crime, you have the right to seek legal counsel. Your defense lawyer can review the details of your case and discuss with you the most advantageous approach.

      It is strongly recommended that you do not simply accept the criminal charges against you without consulting a qualified attorney. It is worth fighting a theft charge because having a criminal record brings various difficulties.

    • The penalties you may face if convicted of a theft crime can depend on the details of your case. In most instances, punishment for a theft conviction includes a jail or prison sentence, a fine, and a surcharge. A surcharge is an additional penalty fee that is a percentage of the value of the stolen property. Length of incarceration and amount of penalty fees vary depending on the severity of the crime. Certain convictions may carry additional punishments.
    • You are not required to hire a lawyer for a theft charge or any other criminal charge in Iowa, but it is strongly recommended that you do. It is highly advised that you consult with a qualified criminal defense professional if you have been arrested or charged with a crime. Working with a defense attorney gives you a strong chance of having a favorable outcome to your case. Your lawyer is there to protect your rights and build a strong defense case.
  • Power of Attorney

    • Some common errors people make when creating their power of attorney include picking an unsuitable person to handle finances and healthcare, failing to make it a durable power of attorney that lasts even after incapacitation, vaguely describing authority, or failing to properly sign and notarize the document. By working with a Des Moines power of attorney lawyer, you can avoid these common mistakes.

    • Lawyer’s rates for setting up power of attorney documents can vary. However, power of attorney documents are often less expensive than other estate plans. At the Law Offices of Amanda T. Adams PLLC, we understand that knowing the power of attorney cost ahead of time can help you feel confident about your estate planning choices, and we are happy to speak with you about our services in a consultation.

    • According to Iowa’s power of attorney laws, the general power of attorney is used for temporary situations or short-term needs, as it is no longer valid if you become incapacitated. Durable power of attorney, however, is still valid if you are incapacitated. Durable power of attorney is the more common choice for long-term estate planning for this reason.

    • Yes, multiple people can hold power of attorney and act together to manage your finances or healthcare matters. However, this must be done carefully to avoid inefficiencies or conflicts between the individuals. If you hire a power of attorney lawyer, they can speak with the co-agents to encourage communication and cooperation so you get outcomes you can trust.

  • OWI

    • The cost for an OWI in Iowa will be dependent on the circumstances of your case. From attorney fees to court costs, there are numerous financial obligations that you could face. To understand what your case could cost, speak with an attorney about your unique circumstances. They will be able to provide you with not only an estimate of their fees but also the potential financial penalties you could face.
    • You still need to go to court for a DUI if you have a lawyer. There are certain court dates and information that you need to provide yourself with in order to have all the relevant information regarding your charges. While a lawyer cannot argue on your behalf and represent your interests, there are certain obligations that only you can meet in person.

    • In Iowa, an OWI remains with you for varying lengths, depending on the record. For criminal records, a conviction stays on your record permanently, unless it is expunged. For driving records, a conviction will remain during a 12-year lookback period. For personal and financial purposes, such as the records that insurance companies keep, an OWI conviction will typically be tracked for three years.

    • Under Iowa laws, three OWI convictions within a 12-year period constitute a Class D Felony. This comes with a minimum jail sentence of 30 days, with the potential for 5 years imprisonment. Fines of at least $3,125 are likewise applied to those convicted of an OWI for a third time. Due to the severity of these penalties, any time you are facing an OWI allegation, it is critical to hire an experienced OWI lawyer.

  • Domestic Violence

    • All domestic violence defense cases require evidence to prove a person’s guilt or innocence. Many cases use images and documentation of any physical injuries, as well as copies of official police reports or 911 calls. Written evidence, such as emails, letters, text messages, and social media posts, and recorded evidence of phone calls or videos, may all be used in court. Testimony from witnesses such as family members, other members of your household, and friends is important.

    • The cost related to defending a domestic violence case is different for every case. Much of the cost depends on the complexity of the case and whether or not it is settled out of court or goes to trial. During your initial consultation, your Des Moines domestic violence defense attorney will answer any questions you may have regarding costs.

    • There are a number of reasons why many domestic violence cases are dismissed. The biggest reason is that many domestic violence victims refuse to testify. Many domestic sexual and aggravated assault cases do not get to court because the victim does not want to cooperate and testify. Other reasons why a case may be dismissed include a lack of evidence, law enforcement errors when taking reports or collecting evidence, and stories and statements that constantly change.

    • The first offense charge for domestic abuse assault in Iowa is usually considered a misdemeanor, which is labeled either simple, serious, or aggravated depending on the specifics of the assault. If convicted of one of these first offense misdemeanors, you may face jail time and fines. However, if the victim is someone known to be pregnant, then charges can increase to a felony even if it’s a first-time offense.

  • Criminal Defense

    • After an arrest, you usually are taken into custody and go through “booking.” Your personal information, fingerprints and “mug shot” is collected. Following booking, you’ll be scheduled for an arraignment, where you’re formally charged and enter a plea. That’s also when you likely are given bail or released on your own recognizance, if applicable.

    • Misdemeanors are typically considered less serious crimes than felonies. The consequences of conviction reflect this fact, with felonies often leading to lengthy prison sentences.

    • Under the Fourth Amendment, the police in Iowa do not have the right to unreasonably search a home and/or vehicle. For a lawful search, the police must have one of the following:

      • Permission from the owner
      • Warrant
      • Lawful arrest
      • Object in plain view
      • Risk of harm

      If the police unreasonably search a home or vehicle and violate your rights, then the evidence collected could be excluded from a criminal defense trial.

    • If you are arrested in Iowa, you should be read your Miranda rights. Your Miranda rights grant you constitutional protections, including:

      • Your right to remain silent
      • Your right to an attorney
      • Your right to an appointed attorney if you cannot afford one

      However, it is important to remember that you must invoke your right to remain silent and seek an attorney. Otherwise, what you say could be used against you in a court of law.

    • A plea bargain may seem like the easiest way to settle a criminal charge, but the long-term consequences can be unexpected. Ms. Adams believes you should discuss your case with a criminal defense attorney first before accepting a plea bargain.