Criminal Defense Attorneys In Des Moines

Last updated on May 4, 2026

If you are facing criminal charges, then it is essential to learn about your legal options. At Spellman Law, P.C., our Des Moines criminal defense lawyers can help you strategize a defense and fight charges for any kind of offense. We have been helping people in Des Moines and throughout Iowa communities for over 30 years.

You Are Presumed Innocent Until Proven Guilty

If you have ever watched courtroom TV, crime documentaries or criminal drama shows, you have likely heard the phrase “innocent until proven guilty” used once or twice. This phrase is not just used for dramatic purposes, but is a cornerstone of the American justice system.

Innocent until proven guilty is a legal theory that is vital to protecting an individual’s rights when facing criminal charges or a criminal investigation. In essence, innocent until proven guilty means that a person is not treated as a criminal without due process, proper evidence and a fair chance to defend themselves in court until they are proven guilty beyond a reasonable doubt.

Proving an individual is guilty is solely the responsibility of the government, state or prosecution. The prosecution must present clear and convincing evidence against the defendant in court to prove that the defendant committed an alleged crime. The standard level of proof to convict someone of a crime is known as “proof beyond a reasonable doubt.” This is far stricter than the standard of proof used in a civil case, which is merely “more likely than not.”

Having proof beyond a reasonable doubt is essential because a criminal conviction carries serious consequences, including the potential loss of the defendant’s freedom, employment issues, civil rights restrictions and reputational damage. Aside from incarceration, defendants may also face exorbitant amounts of fines, lose child custody rights and medical, VA and employment benefits, and face life-long difficulties.

“Innocent until proven guilty” is closely related to an individual’s constitutional protections and right to due process. Due process refers to a person’s right to a fair trial, legal representation and the opportunity to challenge evidence presented against them. An experienced criminal defense attorney will look at all the angles of a case and challenge every element of the prosecution’s case wherever possible.

Ultimately, it does not matter what the prosecutor says or thinks that they know. All that matters is what they can prove in court – and the burden of proof is always squarely on their shoulders.

What Can You Do If Confronted By Law Enforcement?

If you are approached by law enforcement representing the West Des Moines Police Department, Des Moines Police Department, Polk County Sheriff’s Office or other local law enforcement agencies, then you should know your rights. You have the right to the following:

• The right to remain silent
• The right against unreasonable searches
• The right to record the police
• The right to legal counsel if arrested

You can learn more by talking to one of our Des Moines criminal defense attorneys.

Where Are People Held After An Arrest In Iowa?

If someone is arrested in Iowa, they should be taken into custody at the local police department. If arrested in West Des Moines, for example, the defendant should expect to be taken to West Des Moines City Jail. Following the arrest, the defendant may be released without charges or after posting bail or held in jail. Our attorneys at Spellman Law, P.C., can help families locate their loved ones if they are arrested.

Is It Possible To Get Criminal Charges Dismissed?

Having criminal charges dismissed is an outcome many defendants hope for, but whether it is possible depends on several factors.

The severity of the alleged crime can play a pivotal role, as does the strength and admissibility of the evidence presented against you. In minor offenses or cases with questionable evidence, dismissal is typically far more likely. By contrast, achieving dismissal requires a robust legal strategy when facing serious charges.

There are also procedural and technical aspects that can lead to dismissal. For example, if the police violated your rights through an illegal search or improper protocols, a skilled attorney can raise a challenge on constitutional grounds. Additionally, errors in the arrest process or insufficient evidence presented by the prosecution can all serve as possible grounds for dismissal.

Each situation is unique, and pursuing dismissal requires a thorough understanding of the legal and procedural nuances. An experienced Des Moines criminal defense lawyer can guide you in exploring the possibilities for dismissal.

How Does Plea Bargaining Work In A Criminal Defense Case?

Plea bargaining is a legal negotiation process in which the defendant and the prosecution agree on a resolution without proceeding to a full trial. The process typically involves pleading guilty to a lesser charge or receiving a reduced sentence in exchange for waiving the right to a trial.

Discussions about plea bargains most often occur during the pretrial phase, though they may arise at any point before a verdict is reached. Plea deals can be beneficial in cases where the evidence heavily favors the prosecution, allowing the defendant to avoid the risk of harsher penalties.

However, not all plea deals serve the defendant’s best interests. It is crucial to understand the long-term consequences of the agreement, such as how it might impact your criminal record or future opportunities.

A seasoned Des Moines criminal defense attorney plays a critical role in plea negotiations, helping evaluate the fairness of the offer and determining whether accepting it aligns with your best interests. Our team has extensive experience guiding defendants through plea bargain talks.

What A Criminal Defense Attorney Does For You

Your criminal defense attorney protects you. They have a duty to act in your best interests, which typically means they want you to understand your situation, the risks and your options for responding. They educate you about the law and your rights, assist you during criminal proceedings and advocate for you during one of the most challenging times of your life.

Your criminal defense attorney can be present immediately after an arrest to assist you during police questioning. They can secure your release from state custody pending your trial. They can discuss the arrest and pending charges, and the conversation remains confidential due to attorney-client privilege.

One of the most important roles of your defense attorney is to develop a legal strategy for responding to your charges. They can assist you with an investigation to find evidence that supports your narrative or helps prove that you were not the party that committed a crime. They may be able to identify an alternate suspect or help validate an alibi that places you elsewhere.

Your lawyer can also assist with the review of the evidence gathered by the state. Your discovery rights when facing charges allow you to access the evidence the prosecution intends to present during the trial. Your counsel can help you assess that evidence for inconsistencies or errors in the collection, processing or storage of that evidence.

Additionally, an attorney can hire expert witnesses to explain evidence or challenge the state’s evidence. In some cases, they may be able to suppress these materials by showing that law enforcement professionals violated your civil rights.

A Des Moines defense attorney can also handle all communications with the prosecutor and law enforcement. If you decide to plead guilty, they can assist with plea negotiations and their advocacy could lead to lesser charges or reduced penalties. If the case goes to trial, they can counter the prosecution’s narrative and help exonerate you. Working with the experienced criminal defense lawyers at Spellman Law, P.C., means having tireless advocates fighting for the best outcome possible in your case.

Defense Against All Misdemeanor And Felony Charges

At Spellman Law, P.C., our lawyers are experienced in handling all misdemeanor crimes and felony crimes.

We have the knowledge and skill to handle state and federal criminal charges.

We can defend our clients from the following offenses:

• Drug crimes
• Drunk driving charges
• Financial crimes
• Firearms offenses
• Internet crimes
• Sex crimes
• Assault and battery crimes
• Theft crimes

We also handle all related matters, including bonds and detention hearings, as well as post-conviction issues such as probation violations and expungements.

There is no crime too great for our lawyers to defend. We can help lower the penalties for a criminal conviction and sometimes even have a case dismissed altogether with the right evidence and defense strategy.

Talk To An Experienced Criminal Defense Lawyer Today

Do not dismiss the importance of experienced legal representation. You can reach out to our firm, Spellman Law, P.C., to schedule a free consultation and talk with one of our lawyers about your case. Call our office at 515-222-4330 or email us using our online contact form.