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Can I expunge my dismissed charge? 

  • By 7063760830
  • •
  • 10 May, 2019
  • •

Only if your court fees are paid... 

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.

First Night Game – Avoid an OWI

By 7063760830 • September 17, 2024

Fall has arrived, and the students are back! With Iowa football season in full swing, thousands will gather this Saturday night to watch the big Iowa vs. Minnesota game. While many fans will enjoy the game from local spots in Iowa City or North Liberty, others may travel to Minnesota to cheer on the Hawkeyes in person. Whether you’re celebrating at home or on the road, it's important to plan ahead to avoid a being charged with drunk driving.

For those staying local, take advantage of go-to bars in Iowa City or North Liberty, or meet up with friends to watch the game. If you’re traveling to Minnesota for the game, keep in mind that any test failure or refusal in Minnesota can have consequences for your Iowa driver’s license, including suspension.

The best way to stay safe is to plan before drinking: arrange for a designated driver, book a hotel, call an Uber, take a taxi, or walk. An OWI first offense is a serious misdemeanor, with mandatory jail time upon conviction, fines, and loss of driving privileges for at least 180 days if your blood alcohol level exceeds .08. Refusing to blow into the Datamaster DMT results in a one-year license suspension and ineligibility for a deferred judgment on a first offense.

Out-of-state drivers should also be aware that OWI consequences may follow you to your home state. 

If you’ve had a prior OWI, penalties may be more severe, including a longer suspension period.

Plan ahead, stay safe, and enjoy the game responsibly!

Hate Week and Jail!

By 7063760830 • September 8, 2019
Iowa is 2-0.  Iowa State survived a tough game against University of Northern Iowa and is 1-0.  Iowa State has had an extra week to prepare for Iowa.  Throw out records.  This game will likely be a nail bitter. Campbell's' crew will be ready to play.  Iowa controlled the game against Rutgers.  Arguably the horses, and the playbooks have not been opened up.  For anyone traveling to Ames this week understand that their is basically one road in in and one road out.   Drivers should refrain from Busch Lattes and White Claws, Fireball, prior the RV being parked should be a no go.  If you get rung up in Ames  reach out to http://www.grllaw.com/  or Nick Sarcone at   https://www.stowerslaw.com/. Best way to avoid calling either of these firms is don't drink and drive.  Be kind, regardless of your respective team. 

If you can't get an ticket for Jack Trice and must spend your Saturday in Iowa City conduct yourself as responsibly.   Don't drink and drive.  Don't fight. Be kind to anyone you come in contact with!  Staying out of jail is easy if follow this advice.
 

Boats and Booze

By Thomas Farnsworth • May 25, 2019

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

Arrested-What Happens Next?

By 7063760830 • May 8, 2019
An arrest for operating while intoxicated, also known as driving under the influence for those from out of state, is a scary couple of hours.  The following morning questions will race through an often groggy head.   However, one find themselves in such a situation it is important to step back and breathe.  The process at times can be frustrating. The most immediate event that will occur following an arrest is an initial appearance in front of judge.  Monday through Friday these occur via closed circuit TV. Saturday and Sunday the initial appearance will occur at the jail. An arrested individual can have an attorney present at the hearing.  Tom Farnsworth can make himself available for initial appearances in Iowa City within in as little of 30 minute notice. 

At the initial appearance the judge will determine conditions of release.  A judge has the authority to release an individual on his/her own recognizance, release on supervision or hold the individual on bond.  An attorney can help you navigate through this hearing. 

After an individual is released he/she should begin to search for an attorney that bests suits their needs. Check back for a follow up blog on selecting the right attorney for your case. 

In the mean time if you need legal assistance contact Tom Farnsworth at 319-333-1869 (Office) 319-541-6519 (Cell) or via email at info@farnslaw.com   

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