First and foremost, Memorial Day Weekend is a time to honor the brave men and women who gave all for this Country. Farnsworth Law Office thanks those who sacrificed, and their family and loved ones left to enjoy the freedoms.

The unofficial start of summer brings with it burgers, brats, beer and boats.  Criminal defense attorneys are offended asked "How do I avoid a boating while drunk" or a "Drunk driving as I was only moving my trailer. The simple answer is do not drink alcohol and operate a boat, jetski, truck etc. That said people often enjoy a cold one while on the water. Prior to cracking the top  of a Busch Latte you should go through your safety check on the boat.

Do you have the correct number of life jackets?

Do you have your registration stickers displayed?

Do you have a fire extinguisher?

Have you invited too many friends that have not bought their own boat?

Do your lights work?

Know your “no wake zones”

Be courteous to others on the water?

Little things like these decrease the likelihood of law enforcement boarding your boat for a safety check.  

Much like a drunk driving charge you can be found guilty if the State can prove you operated a vessel with a motor and had a blood alcohol level above .08 or you were impaired. If you find yourself engaged with law enforcement, be polite, as they have a job to do. Utilize a designated driver. In the event you read this post too late and have already been charged reach out to Farnslaw.com. The Farns can help navigate the drunk boating legalities. Emergency contact 319-541-6519

In 2016 the Iowa Legislature enacted a statute that permits a defendant to seek enpungement on a dismissed charge. The bill was spearhead by State Representative Mary Wolfe.  The bill was proudly supported by the Iowa Association for Justice.  Per statute a Judge shall expunge a dismissed charge whether it is a drunk driving, possession of fake id (license), possession of marijuana, possession of drug paraphernalia, assault, theft, amongst others so long as the defendant met several conditions. One condition includes payment of all court-imposed costs and fees. In   State v. Doe , decided May 10, 2019, the Iowa Supreme Court visited the question whether a defendant must pay off court-appointed attorney fees prior to a judge granting dismissal. Ms. Doe was arrested for with domestic abuse assault with a dangerous weapon in violation of section 708.2A(2)(c). Ms. Doe was charged via trial information. In August of 2009 Ms. Doe’s court appointed counsel negotiated a plea agreement that resulted in dismissal of the charge. Ms. Doe was ordered to pay court costs including the fee of her court appointed attorney or public defender. Ms. Doe was assessed attorney fees of over $700.00.

Over a decade later Ms. Doe sought expungement. Ms. Doe argued payment of attorney fees violate the Equal Protection Clauses of the Federal and Iowa Constitutions because defendants that had private counsel could seek expungement even if private attorney fees were still owed, whereas a person that had court appointed counsel and owed fees could not. In the 4-3 decision the Iowa Supreme Court held there is no constitutional right to expunge one’s record. The holding requires that all debts owed in a case must be paid in full prior to a judge expunging a sealing a case.

An outright dismissal is not easy to achieve. Even with the case dismissed Ms. Doe’s file appears on Iowa Courts Online. A simple search of Iowa Courts Online will result in the discovery of the arrest and record. It is not uncommon for an average citizen, employer, or school like the University of Iowa to assume Ms. Doe’s charge was dismissed due to a technicality, not her actual innocence. The Criminal Defense Trial Lawyer Core Group  and the Iowa Association for Justice  will support legislation next year to protect all people in Iowa with dismissed charges regardless of their economic ability to pay off court debt.  If you are unable to pay off a debt and dismissed charge is causing issues with finding employment, housing or other impediment I wasn’t to hear your story so that we pay provide personal stories to our legislatures.  

If you have paid off your debt and need help expunging a dismissed charge I would be happy to assist you. Contact me at info@farnslaw.com or visit me online at www.farnslaw.com.