Criminal Defense Lawyers

Criminal law covers “public wrongs”, or offenses against the public and order. The federal, state, and local governments all define these laws and prosecute people who commit these crimes. Public wrongs range from traffic violations to the most serious offenses such as rape or murder. Those charged with a crime are called “defendants”. They are represented by defense attorneys, while the government that charges the defendant is represented by an attorney called a “prosecutor”. If you are charged with a crime, you will need representation by an attorney with experience in criminal defense in order to protect your legal rights.

The Constitutions of the United States and Iowa requires the government to follow the due process of law before depriving a person of his or her life, liberty, or property. Criminal statutes must therefore clearly define all crimes and criminal conduct, and cannot be vague or overly confusing. Criminal statutes must define a guilty state of mind as well as an illegal action. For example, it is not a crime to bump someone on a crowded train, because there was no criminal intent. It is also not a crime to think about harming someone without acting. This requirement also applies to attempted crimes. Conviction requires the defendant to take action to attempt a crime. An experience criminal defense attorney can explain these terms and concepts, and help you to understand the specifics of your situation.

In order to assure that criminal trials are fair, both prosecutors and defense attorneys are held to a complicated set of rules and regulations. The complexity of these cases require that a defense attorney should have expertise and experience in criminal law. A defense attorney should be involved in a case as soon as possible- ideally, even before police have interrogated a person. When an individual is arrested, the law enforcement officers that arrest the individual are required to inform the arrested person of his or her right to an attorney and to have an attorney appointed at state expense if unable to afford legal representation. These warnings are called “Miranda warnings”, after the 1960s Supreme Court case that first established them.

Often, cases involving child defendants are handled by the juvenile justice system. This system is less formal, and focuses on rehabilitation over punishment. Many criminal defense lawyers work in both justice systems, while others focus on one type or the other.

It is sometimes possible for a defendant or defense attorney to negotiate with the government. The prosecutor may agree to drop charges if the defendants pleads guilty to a lesser charge. In all cases, the decision to plead guilty or not guilty rests with the defendant. An innocent or guilty rests with the defendant.

If a defendant is found guilty by a jury or judge, or pleads guilty, he or she may be sentenced to a period of supervised or unsupervised probation, a fine, state surcharges, community service, restitution, or imprisonment in a county jail (one year or less) or state penitentiary (more than one year).

Defendants who are not U.S. citizens have an additional set of concerns in criminal cases: immigration consequences. Convictions for many crimes may result in various adverse immigration consequences, including but not limited to, deportation or bar on re-entry. You may wish to speak to an immigration attorney if you are charged with a crime and are not a U.S. citizen. Your criminal defense attorney may be able to refer you to a reputable immigration lawyer.

A misdemeanor is a less serious crime, such as minor theft or public intoxication. The punishment for a misdemeanor is generally a fine or a short incarceration in a local jail. Typically, misdemeanors do not lead to an indictment or the convening of a grand jury, although some cases may be treated more seriously, as the same action can lead to a misdemeanor or a felony charge. In Iowa, you are entitled to a court-appointed attorney if you cannot afford an attorney and the state may seek jail time. This includes all serious and aggravated misdemeanors, as well as some simple misdemeanors. If you are not entitled to court-appointed counsel because of your finances or the degree of the offense, you may still wish to hire a criminal defense attorney to represent you.

The penalties for a misdemeanor conviction are often less severe than felony penalties. This means more than simply smaller fines or less jail time. Persons convicted of a misdemeanor can usually still vote, serve on juries, and practice their jobs.Some jobs require licenses or certificates which could be affected by even a misdemeanor charge.

The possibly serious consequences of a misdemeanor conviction mean that you should consult immediately with an experienced criminal defense attorney, should you be charged with a misdemeanor.

Serious crimes are called “felonies”. These crimes can be violent (like murder, rape or robbery) or non-violent (like embezzlement or fraud). A felony is any crime with a possible punishment greater than one year in prison.

Felony trials are handled differently from misdemeanor trials. If a person qualifies financially the court will appoint an attorney to represent a defendant charged with a felony. The defendant is required to be present for the trial or guilty plea and sentencing.

If a defendant is found guilty, a felony conviction can have serious repercussions for life. Felons not only receive longer sentences in a state penitentiary. Convicted felons are often stripped of their right to serve on juries. They may lose their right to vote. Felons are often barred from some professions, such as law, teaching or the military. Iowa and Federal Laws bar convicted felons from possessing firearms.

The seriousness of these crimes and of their punishment makes it vital to have an experienced criminal defense attorney.

Yes, In Iowa the attempt to commit crimes like robbery or murder is itself a crime. These statutes are intended to punish individuals who have demonstrated the intent to commit a crime, regardless of whether that crime occurred. Conviction for an attempted crime requires the government to prove beyond a reasonable doubt that the person charged had the intent to commit the crime or create a situation that would amount to that crime, and that the person took a subsatantial step beyond merely preparing to commit the crime.