Des Moines Criminal Defense Lawyer

Possible Criminal Defenses 

In Des Moines criminal cases, there are some defenses that are commonly raised, and any available defense must be raised in advance of trial and within 40 days of an arraignment hearing.

The defenses that might be available in your case depend on case circumstances. However, your attorney may consider arguing:

• Alibi. You may be able to claim you were somewhere else entirely at the time of the crime of which you’ve been accused.
• Insanity. If applicable, you may be able to argue that you weren’t of sound mind when the crime was allegedly committed.
• Diminished Responsibility. This defense exists to argue that your specific mental state at the time of the accused crime wasn’t sufficient to have committed the crime and can reduce your culpability.
• Intoxication. If you were intoxicated, you may not have been able to form the necessary criminal intent for the accused crime. For example, after drinking heavily at Hello, Marjorie, Maria takes someone else’s expensive jacket, reasonably thinking it’s actually hers. If Maria is later charged with theft, she might be able to argue that intoxication is a valid defense since the crime of theft in Des Moines is a specific intent crime.
• Entrapment. Your attorney may be able to argue you were influenced by law enforcement to act in a way to commit a crime and aren’t, therefore, responsible.
• Justification. You may be able to assert your actions were justified, like if you acted in self-defense or in defense of someone else, or even to protect property.
• Procedural Defenses. Sometimes, you can argue appropriate procedures weren’t followed to protect your rights.
• Constitutional Violations. If law enforcement violated your constitutional rights, such as by failing to read your Miranda rights, you may be able to have your charges dismissed.
• Lack of Evidence. An attorney can help poke holes in the evidence intended for use against you to create sufficient reasonable doubt.
• Innocence. Evidence may be so compelling to show you didn’t commit any crime.
• Authorization/Consent. In some cases, there may be solid evidence to show your actions were entirely appropriate.
• Mistake. You may be able to argue there was a mistake of law or fact that helps with your defense case.
• Duress. This is similar to the defense of entrapment, but you may have been forced by someone else to commit a crime. For example, if someone forces you at gunpoint to rob the Iowa State Bank in Urbandale, you may be able to use duress.

An attorney can discuss whether specific defenses are appropriate based on your individual case.

Contact Law Offices of Amanda T. Adams – Protecting Your Rights And Your Freedom

Don’t face a criminal charge alone. At the Law Offices of Amanda T. Adams PLLC, you receive the personal care and attention you deserve. We understand how overwhelming the legal process can be and work to ensure our clients have a clear understanding of every step in their case.

When you have a question, we respond promptly and have after-hours appointments available upon request.

Please contact our experienced legal team to discuss any misdemeanor or minor felony charge you might be facing. Please note that our team doesn’t handle any sex crimes or violent crimes like murder.

Contact the Law Offices of Amanda T. Adams PLLC, by calling (515) 575-4423 or completing an online contact form to schedule a free consultation. Our office is located at the Foxboro Square Business Center in Johnston, Iowa, a busy suburb of beautiful Des Moines. We have plenty of convenient parking available for our clients.

Contact us to discuss your Des Moines criminal matter.

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.