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Home » Cases » Lucas County (2003).

Notable Cases

Lucas County (2003).

Charge: Burglary 3^rd, class C felony. Amended to criminal trespass, simple misdemeanor. Time served.

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P.O. Box 36
Lamoni, IA 50140

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Record of Success

Decatur County (2012).

Father falsely accused of sexually explicit touching by daughter. Charges dismissed after my investigation results were shared with the prosecutor.

State of Missouri (2009-11).

The alleged victims believed that they had “recovered” memories of multiple sexual assaults from their childhood. Investigators accepted the accusers’ stories and arrested client, his brothers, father and uncle, charging all of them with multiple counts of rape, alleged to have occurred many years prior. After nearly two years of litigation, involving use of expert…

Wayne County (2005).

Grandfather falsely accused of sexual abuse by pre-teen grand-daughter. Use of expert witness at trial helped us show the inconsistencies in the accuser’s story, and her motivation to lie. Jury found the client NOT GUILTY.

Decatur County (2004).

Client was facing multiple Class C Felony charges for multiple alleged events of sexual contact with minor. Investigation, including taking deposition of alleged victim, obtaining her treatment records, and hiring expert psychologist to review inconsistencies in child’s statements, led to a significant pre-trial charge reduction and guilty plea that cut prison term to a fraction…

Wayne County (2005).

Charge: Driving under influence of methamphetamine. Using defense toxicology expert, we challenged the Iowa DCI lab’s conclusion that the client’s urine contained methamphetamine. We presented evidence of improper lab procedures, and potential sample contamination. Jury verdict of NOT GUILTY.

More Success Cases

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Notable Cases

Decatur County (2012).

Father falsely accused of sexually explicit touching by daughter. Charges dismissed after my investigation results were shared with the prosecutor.

State of Missouri (2009-11).

The alleged victims believed that they had “recovered” memories of multiple sexual assaults from their childhood. Investigators accepted the accusers’ stories and arrested client, his brothers, father and uncle, charging all of them with multiple counts of rape, alleged to have occurred many years prior. After nearly two years of litigation, involving use of expert…

Wayne County (2005).

Grandfather falsely accused of sexual abuse by pre-teen grand-daughter. Use of expert witness at trial helped us show the inconsistencies in the accuser’s story, and her motivation to lie. Jury found the client NOT GUILTY.

Decatur County (2004).

Client was facing multiple Class C Felony charges for multiple alleged events of sexual contact with minor. Investigation, including taking deposition of alleged victim, obtaining her treatment records, and hiring expert psychologist to review inconsistencies in child’s statements, led to a significant pre-trial charge reduction and guilty plea that cut prison term to a fraction…

Wayne County (2005).

Charge: Driving under influence of methamphetamine. Using defense toxicology expert, we challenged the Iowa DCI lab’s conclusion that the client’s urine contained methamphetamine. We presented evidence of improper lab procedures, and potential sample contamination. Jury verdict of NOT GUILTY.

Decatur County (2009).

Charges: Assault and Stalking. Filed notice of defense of diminished capacity, and sought state funded expert for psychological evaluation and testimony concerning client’s mental condition. District Court denied the request for funds. On interlocutory appeal, Iowa Court of Appeals REVERSED, and ordered that the defense must be provided the requested funds for services of expert…

Wayne County (2006).

Charge: Possession of Controlled Substance with Intent to Deliver, Class C Felony. Client initially denied all accusations. After intimidating police interrogation, client gave false confession to crime. Counsel filed motion for state funds to hire two experts: an expert on police interrogation and false confession to testify as to the coercive nature of the interrogation,…

State of Alabama (1993).

Client charged with capital murder 14 years after her husband’s death when new testimony led prosecutor to believe she had killed her husband with arsenic. Our defense revealed weakness in state’s case, and the capital murder charge was resolved by plea bargain resulting in a five-year prison sentence.

State of Alabama (1997).

State charged client with capital murder. Client had already been convicted of double homicide in an unrelated murder case and was serving life without parole. After 300 + hours of pretrial investigation, the case was settled on eve of trial. Client avoided electrocution by plea with stipulated sentence to life without parole.

Marion County (2004).

Charge: Manufacturing methamphetamine. Client was caught red-handed in possession of half-cooked methamphetamine. Jury convicted, but on appeal, conviction was overturned due to violation of client’s speedy trial rights. District Court Judgment REVERSED. CHARGES DISMISSED.

Clarke County (2010).

Charge: Forgery, Class D Felony. Client charged with forgery for possession of fake lawful permanent residency card (green card). After deposition of state witnesses, I convinced prosecutor that client had been duped into purchase of green card, thinking he had become lawful resident. Charge amended to serious misdemeanor charge of possession of a fictitious license,…

Polk County (2010).

Charge: Shoplifting. Deferred judgment.

Polk County (2010).

Charge: Client charged with malicious prosecution for allegedly using another person’s name at time of arrest. Charges dismissed.

Clarke County (2010).

Charge: Forgery, Class D Felony. Client charged with forgery for possession of fake lawful permanent residency card (green card). After deposition of state witnesses, I convinced prosecutor that client had been duped into purchase of green card, thinking he had become lawful resident. Charge amended to serious misdemeanor charge of possession of a fictitious license,…

Wayne County (2010).

Charge: Assault with intent to inflict serious injury (aggravated misdemeanor). Charge amended to simple misdemeanor assault. Deferred judgment.

Warren County (2010).

Charges: Client arrested in 2010 for 2001 offense of going armed weapon (knife greater than 8 inches), and false reporting. State filed dismissal of all charges.

Marion County (2009).

OWI, second offense. Filed motion to dismiss based on lack of probable cause for stopping vehicle. Charges amended and client entered guilty plea to reckless driving and public intoxication.

Ringgold County (2009).

Charge: Class D felony, theft 2nd degree. Upon payment of restitution, charges dismissed.

Ringgold County (2009).

Charge: OWI 1st offense. Filed motion to suppress DataMaster test result due to officer errors in completing paperwork. Motion granted. Charges dismissed.

Wayne County (2009).

Charges: Class B felony drug distribution, and carrying weapons. After filing motion to suppress based on illegal stop and illegal search, weapons charge dismissed and drug charged amended to serious misdemeanor. Client received suspended sentence with probation and credit for time served.

Warren County (2009).

Charges: Client charged with OWI-2nd, and three counts of child endangerment for having three children in car. Negotiated dismissal of all child endangerment charges with minimum sentence on OWI-2nd plea.

Polk County (2008).

Charge: Class C felony conspiracy to manufacture methamphetamine based on client’s purchase of large quantity of pseudoephedrine. Deferred judgment and probation.

Polk County (2008).

Charge: Conspiracy to deliver greater than 5 grams methamphetamine, Class B Felony. Charges in State court dismissed. Similar charges and forfeiture proceeding filed in Federal Court. Handled forfeiture action, negotiating partial return of seized cash.

Warren County (2008).

Charge: Client was victim of identity theft. Defendant arrested for probation violation. Prior conviction was fraudulent. Real violator was convicted using client’s I.D. Prior OWI conviction overturned and criminal record corrected.

Lucas County (2007).

Charge: OWI-3rd, Class D Felony. Negotiated plea to OWI-2nd to avoid felony conviction.

Lucas County (2007).

Charge: Assault charge amended to disorderly conduct.

Ringgold County (2007).

Charge: OWI-2nd offense. Reduced to OWI 1st offense.

Warren County (2007).

Charge: OWI-3rd, Class D Felony. Negotiated plea to OWI-2nd. Sentence 60 days jail with work release privileges, and probation.

Wayne County (2006).

Charge: Felony drug possession. Amended to serious misdemeanor. Client served 48 hours.

Ringgold County (2005).

Charge: Failure to register as sex offender. Charge dismissed with costs taxed to state.

Wayne County (2005).

Charges: Class D felony burglary, accessory to a felony, and theft 3rd degree. Burglary and accessory charges dropped. Client entered plea to serious misdemeanor theft 4th degree. Suspended sentence with probation.

Wayne County (2005).

Charge: Possession of marijuana. Deferred judgment with probation.

Wayne County (2005).

Charges: Felony drug possession, child endangerment, plus two misdemeanor possession charges. Felony charge amended to serious misdemeanor. Other charges dismissed. Sentence 2 days in county jail.

Decatur County (2004).

Charges: Assault, Hate Crime, Going Armed with Intent, First Degree Burglary, Criminal Trespass, Participating in a Riot, Carrying a Weapon, Criminal Mischief and Joint Criminal Conduct. Government purposefully tried to make an example of this defendant, overcharging him, then arresting and charging counsel’s student intern with obstruction of justice and witness tampering for speaking with…

Lucas County (2003).

Charges: Client charged with three felony drug offenses, including Class C felony manufacturing methamphetamine with intent to deliver. Class C offense dismissed, and other felonies amended to serious misdemeanor possession of methamphetamine and serious misdemeanor tampering with anhydrous ammonia tank. Defendant received suspended sentence, probation, and credit for time served.

Lucas County (2003).

Charge: Possession of Methamphetamine, 2nd offense, aggravated misdemeanor. Charges dismissed.

Lucas County (2003).

Client changed his mind after entry of guilty plea to felony drug offenses. Motion in arrest of judgment granted due to identification of errors in guilty plea proceeding.

Lucas County (2003).

Charge: Domestic abuse, 3rd offense, class D felony. All charges dismissed.

Lucas County (2003).

Charges: Client charged with class A felony kidnapping 1st degree and class B felony sexual abuse 2nd degree. Negotiated plea to one class C felony count of conspiracy to commit a forcible felony, with dismissal of all other charges. Sentence suspended, with probation and credit for time served.

Lucas County (2003).

Charges: Client charged with one class B felony and four class D felony drug charges. Negotiated plea to one class C felony and one class D felony, with suspended sentence and probation.

Lucas Count (2003).

Charges: Client charged with one class B felony drug charge, four class D felony drug charges, plus two aggravated misdemeanor charges of child endangerment and carrying a weapon. Arranged for client to attend inpatient drug program, resulting in reduction of bond from $130,000 cash only to $4,000. After successful drug treatment, negotiated plea to one…

Lucas County (2003).

Charge: Domestic assault 3rd, class D felony. Charges dismissed.

Lucas County (2003).

Charge: Burglary 3rd, class C felony. Amended to criminal trespass, simple misdemeanor. Time served.

Wayne County (2003).

Charge: Theft 5th degree for alleged stealing of gas. Trial to magistrate. NOT GUILTY.

Wayne County (2004).

Charge: Class D felony sex crime, lascivious acts with a child. Trial to jury. Presented expert testimony from child psychologist to show inconsistencies in alleged victim’s reports of abuse, and motivation for manipulation and fabrication. Verdict of NOT GUILTY.

Wayne County (2003).

Charges: Class C felony drug charge, together with possession charge and 5 year enhancement for alleged distribution near school. Filed motion to suppress due to illegal search. Charge amended to one simple misdemeanor possession of drug paraphernalia. All other charges dismissed. Fine only. No jail sentence.

Ringgold County (2002).

Charges: Class D felony theft 2nd degree charge and serious misdemeanor domestic abuse charge. Theft charge dismissed. Assault charge amended to simple misdemeanor interference charge. Sentence 30 days, suspended.

Ringgold County (2002).

Charges: Class C felony methamphetamine manufacturing charged as second offense with triple enhancement. Also charged with class D felony possession of precursor, and child endangerment. After filing of motion to suppress evidence found in illegal search of client’s residence, client pled to felony drug charge without enhancements, with dismissal of precursor and child endangerment charges. …

Ringgold County (2002).

Charge: Class D felony theft 2nd degree. Settled for plea to serious misdemeanor theft 4th degree. Suspended sentence.

Wayne County (2002).

Charge: Illegal carrying of weapon. Charge dismissed.

Wayne County (2002).

Charges: Felony forgery and felony theft. Forgery dismissed and client entered plea to misdemeanor theft. Suspended sentence with unsupervised probation.

Wayne County (2001).

Charges: Felony forgery and 11 counts of harassment. Hired handwriting expert to challenge state’s evidence of forgery. Forgery and 8 harassment charges dismissed. Defendant pled to 3 harassment counts and received suspended sentence with probation.

Lucas County (2001).

Charge: Manufacturing Methamphetamine with intent to deliver—greater than 5 grams, Class B Felony. Negotiated amendment to Class C charge, sentence to run concurrent with another drug charge in Wayne County.

State of Iowa (2014).

Presently representing client on post-conviction appeal from 1987 murder conviction. Working with forensic expert and Iowa Innocence Project seeking grounds for retrial and/or exoneration.

State of Florida (1992).

Charge: Felony charge of armed sexual battery. Client charged with raping teenage daughter with weapon. Defense demonstrated psychiatric and credibility problems of complaining witness. Motions for physical and psychiatric examinations of complaining witness led to negotiated plea of no contest, with three years probation.

State of Alabama (1995).

Client’s daughter was coached by father and ex-husband to falsely accuse mother of sexual abuse. Child’s therapist engaged in unprofessional and improper questioning of child, leading child to believe she had been abused. Using expert witnesses to analyze the history of contacts between child and therapist, I filed a pretrial motion requesting a taint hearing…

Providing comprehensive criminal defense, DUI/DWI, immigration, family law, personal injury, civil litigation, wills and estate services throughout Lamoni, IA and surrounding areas and Counties. Call now for a free consultation.

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