Spellman Law, P.C.Des Moines Criminal Defense Lawyer | Drug Crimes Attorney | OWI Law2026-06-26T15:03:22Zhttps://www.spellmanlawpc.com/feed/atom/WordPress/wp-content/uploads/sites/1203743/2023/11/cropped-site-icon-32x32.pngOn Behalf of Spellman Law, P.C.<![CDATA[What happens at a bond hearing after an arrest?]]>https://www.spellmanlawpc.com/?p=498962025-05-08T14:00:19Z2024-05-28T22:40:56ZUnderstanding the bond hearing process
After an arrest, Iowa Code §804.21 mandates that the accused must be brought before a judge for a bond hearing without unnecessary delay. At this hearing, the judge will set the terms for bail and any conditions for release before the trial begins after hearing arguments from the prosecutor and defense attorney.
Several key factors influence the judge's decision at a bond hearing, such as:
The nature and severity of the alleged offense
Whether the defendant might be a flight risk or pose a risk to public safety
The defendant's criminal history, if any
Community ties, such as family or employment in the area
Available financial resources
In certain cases, it's possible to post bond and be released before making your first court appearance. This applies when the charges do not include a "forcible felony" and court is not in session, such as during a weekend.
Your right to legal representation
You have the right to be represented by a defense attorney at your bond hearing. An experienced lawyer working for you can make a huge difference. They will know how to make a persuasive argument for your release on reasonable bail and conditions, possibly on your own recognizance, so no bond is necessary. This can help you return to your life and participate in your defense strategy while your case is pending.
A bond hearing is a critical moment after an arrest, but you don't have to face it alone. A defense attorney's guidance can ensure your rights are upheld and you get fair treatment.]]>On Behalf of Spellman Law, P.C.<![CDATA[Three scenarios that often lead to OWI charges in Iowa]]>https://www.spellmanlawpc.com/?p=498412023-12-10T22:26:10Z2023-12-10T22:26:10ZWhen someone is under the influence of drugs
There are a host of different mind-altering chemicals that impact someone's ability to drive. Alcohol is the only substance with an established limit according to Iowa statutes. Any detectable amount of controlled substances like narcotic pain relievers or prohibited drugs can lead to OWI prosecution under Iowa law.
When someone’s BAC is over the legal limit
The second situation in which OWI charges are possible involves driving after drinking. Those who consume too much alcohol will develop an elevated blood alcohol concentration (BAC). Anyone with a BAC of 0.08% or higher is potentially at risk of prosecution if they drive. The per se limit for BAC in Iowa is firm. Even someone who does not display signs of intoxication can face charges for having an elevated BAC.
When someone combines substances
An individual does not need to be over the legal limit for alcohol if they test positive for both alcohol and other drugs. Combining controlled substances with alcohol can be a very dangerous choice. People may experience more profound consequences than they would from consuming either substance on its own. Police officers in Iowa may arrest people during targeted traffic enforcement if they seem impaired on the road. It is also common for the police to perform chemical tests after motor vehicle collisions. Someone who did not cause a crash could still end up charged with an OWI if they fail tests performed after a collision.
Thankfully, anyone who has been accused of an OWI has the right to defend against their pending charges. There are a variety of options available to those who opt to take an OWI case to trial. Understanding the basis for OWI charges can be a good starting point for those preparing to work with an attorney to defend against them.]]>On Behalf of Spellman Law, P.C.<![CDATA[Understanding manslaughter charges in Iowa]]>https://www.spellmanlawpc.com/?p=498422023-10-09T05:20:31Z2023-10-09T05:20:31ZVoluntary manslaughter
Voluntary manslaughter in Iowa (Iowa Code Sec. 707.4) is the criminal act of intentionally killing another human being in the heat of passion. The person responsible for the killing must have acted under serious provocation, however, and it is usually seen as a kind of involuntary act - albeit with tragic consequences.
The only thing that separates this crime from murder is the absence of a "cooling off" period between the provocation and the killing. In other words, the defendant must not have had time to think things through and decide against such an act. A good example of this is when a person finds their spouse committing adultery and kills them in a fit of rage before they can think about it.
Involuntary manslaughter
Involuntary manslaughter in Iowa (Iowa Code Sec. 707.5) occurs when someone kills another person unintentionally. This is often seen as a crime of negligence, recklessness or carelessness. For example, if someone is operating a motor vehicle under the influence of alcohol and causes an accident that results in another person's death, they could face involuntary manslaughter charges.
Penalties
Voluntary manslaughter falls under Class C felonies. The punishment includes a prison sentence that may extend up to 10 years and fines that can range between $1,000 and $10,000.
In contrast, involuntary manslaughter is a Class D felony, usually associated with negligent or reckless behavior. Perpetrating this offense carries a potential penalty of imprisonment for a maximum term of 5 years, accompanied by a fine ranging from $750 to $7,500.
Understanding manslaughter charges in Iowa is not just about knowing the laws — it's about recognizing the significant implications these crimes can have on individuals and communities. If you or someone you care about is facing these charges, it's important to remember that there may be defenses you can use, depending on the circumstances of your case, to help alleviate some of the penalties.]]>On Behalf of Spellman Law, P.C.<![CDATA[SCOTUS expected to rule in police dog case]]>https://www.spellmanlawpc.com/?p=484382023-09-15T07:20:46Z2023-09-25T07:20:21ZNero alerts
The events that led to Nero becoming the topic of fierce legal debate unfolded in 2019. That was when a Mountain Hope Police Department officer pulled over a vehicle that he allegedly observed making an unauthorized turn and crossing three lanes of traffic. Nero was ordered to conduct an air sniff around the car when the man behind the wheel refused to consent to a search. During the air sniff, the dog is said to have jumped up and placed its front paws on one of the car’s doors. When they searched the vehicle, officers allegedly found a pill bottle and methamphetamine residue. The man was charged with felony drug possession after officers discovered a further 19 grams of methamphetamine in his motel room.
Search ruled unconstitutional
The man was convicted based on the evidence discovered in his motel room, but his criminal defense attorney argued that the drugs should have been excluded because a search warrant was only issued after Nero violated the Fourth Amendment. The Idaho Supreme Court voted 3-2 that police dogs commit trespass when they touch vehicles during air sniffs, which means the search was ruled unconstitutional. Legal experts expect the U.S. Supreme Court to grant the case certiorari.
Legal gray areas
The U.S. Supreme Court provides clarity when lower court rulings create legal gray areas. This case raises questions about how far police dogs can go when they sniff the air around vehicles, and previous rulings make it difficult to predict how the U.S. Supreme Court will interpret the law. The nation’s highest court has ruled that air sniffs are constitutional, but the justices have also ruled that walking a K9 unit past a suspected drug dealer’s home violated the Fourth Amendment.]]>On Behalf of Spellman Law, P.C.<![CDATA[What should a pilot do after getting a OWI charge in Iowa?]]>https://www.spellmanlawpc.com/?p=484362023-09-06T06:44:46Z2023-09-14T06:44:27ZOWI penalties in Iowa
After a drunk driving conviction in Iowa, what happens next depends on whether this is your first OWI. In most cases, courts are more likely to show lenience for first-time than repeat OWI offenders.
First-time OWI offenses can mean spending 48 hours up to one year in jail, although shorter sentences are more common. You may also pay up to $1,250 in fines. Repeat DUI offenders can lose their licenses permanently while facing longer jail sentences and fines of up to $9,375.
Submitting a DUI report
Professionals working in certain fields must report a DUI or OWI to a professional board. All pilots must submit reports of their convictions to the Federal Aviation Administration (FAA) in Oklahoma. You don't submit any reports to your local Flight Standards District Office (FDSO).
Preparing and submitting this report within 60 days of your conviction is crucial. Failing to complete this step in time means facing a non-reporting violation. After submitting this report, the FAA might have you undergo assessments or tests to ensure you don't have a long-term condition like alcoholism.
There are no legal requirements that pilots must report OWIs or DUIs to their employers. However, the FAA can contact your employer after receiving your report. Things can go from bad to worse if your company believes you're hiding an OWI.]]>On Behalf of Spellman Law, P.C.<![CDATA[The penalties for possessing or distributing heroin in Iowa]]>https://www.spellmanlawpc.com/?p=484352023-08-22T06:23:03Z2023-08-30T06:22:47ZThe penalties for possessing heroin
Being found in possession of heroin is usually a misdemeanor offense in Iowa, but repeat offenders can face felony charges. A first heroin possession offense is charged as a serious misdemeanor in the Hawkeye State. The penalties for a serious misdemeanor are a fine of up to $1,875 and a jail sentence of up to one year. A second heroin possession offense is an aggravated misdemeanor that is punishable by up to two years behind bars, and a third offense is charged as a Class D felony. Offenders convicted of Class D felonies in Iowa can be sent to prison for up to five years.
The penalties for distributing heroin
Heroin is a Schedule I controlled substance, which means distributing it is a serious drug crime. Distributing even small quantities of heroin can lead to a prison sentence of up to 10 years, and individuals convicted of distributing more than a kilogram of the drug can spend up to 50 years behind bars. The penalties are even harsher for offenders who sell heroin to minors or distribute it within 1,000 feet of a school, and they are tripled when individuals distribute the drug while carrying a firearm.
Drug treatment programs
Heroin is a highly addictive drug that is not used in medicine, so the penalties for possessing or selling it can be severe. However, the Iowa heroin laws do not include mandatory minimum sentences, which means judges may choose to order misdemeanor offenders to enter drug treatment programs instead of sending them to jail.]]>On Behalf of Spellman Law, P.C.<![CDATA[Know the life-altering consequences of a criminal conviction]]>https://www.spellmanlawpc.com/?p=484332024-06-12T15:07:19Z2023-08-16T07:51:50ZA criminal history can be problematic in life
Those with a criminal record often find that it hinders them in several ways. They need to address this fact as their case proceeds.
For those seeking employment, a prospective employer will likely want to know the person's history. When filling out an application, during the interview and as the employer conducts a background check, a person's criminal history will come to light. Some employers are reluctant to hire someone with a criminal record.
Having a record can also negatively impact a person's search for housing. Landlords will also need a background check to ensure their property will be protected from damage or bad behavior. A landlord could use a criminal record as a reason not to approve a rental.
There are negative perceptions surrounding a criminal record regardless of what it was for. This harms a person's reputation in the community and even with family members. Driver's licenses and professional licenses can be suspended because of a conviction.
A person who is incarcerated could see their credit score drop because they were unable to earn income and keep current on their bills. These are just some of the possible challenges that need to be considered when weighing how to craft a criminal defense.
Criminal allegations should be fought vigorously
Being arrested and confronted with accusations of wrongdoing is intimidating enough without thinking about the aftermath of a conviction. Given the problems a person can face for a conviction in the criminal justice system and beyond, it becomes essential to know one's options and plan an effective defense strategy.]]>On Behalf of Spellman Law, P.C.<![CDATA[Knowing what happens when credit card fraud affects merchants]]>https://www.spellmanlawpc.com/?p=484312023-07-28T05:28:37Z2023-08-07T05:34:38ZUnderstanding credit card fraud
Credit card fraud is one of the most widespread financial crimes. It occurs when a person’s credit card is lost or stolen and a thief uses their information to make unauthorized purchases. In some cases, someone may not have a physical credit card but gains access to a victim’s credit card information to make fraudulent purchases online. Skimming on ATMs or payment terminals often allows thieves to gain such access. Whatever means is used to commit credit card fraud, the crime costs billions of dollars each year.
Credit card fraud affecting merchants
Credit card fraud doesn’t only affect individuals; merchants can also be victims when someone gains another person’s credit card information and uses it to make fraudulent purchases. In that situation, the credit card holder is usually not responsible for paying for the fraud. The merchant or bank has to cover the costs of the crime instead.
A merchant must pay when credit card fraud occurs without a card being present or if they use a swipe terminal instead of an updated one that takes cards with a chip and pin. However, if merchants that use updated payment terminals fall victim to credit card fraud, banks are responsible for paying.
Unfortunately, credit card fraud can cost merchants their reputations. This can lead to higher chargeback rates, leading to a merchant being considered high-risk and having trouble running their business.
Although credit card fraud can’t always be stopped, merchants can take measures to safeguard their businesses. Using up-to-date payment terminals and being wary of purchases without physical cards can reduce the risk of it happening.]]>On Behalf of Spellman Law, P.C.<![CDATA[Mounting a challenge to a breath test]]>https://www.spellmanlawpc.com/?p=484282023-07-17T17:16:30Z2023-07-25T17:16:15ZImproper administration
Breath tests must be administered correctly to ensure accurate results. If the arresting officer fails to follow proper procedures, such as adequately observing the suspect before administering the test or does not calibrate and maintain the Breathalyzer equipment appropriately, it can undermine the test's reliability.
Equipment malfunctions
Breathalyzer devices need regular calibration and maintenance to function accurately. If the equipment is faulty, outdated or improperly calibrated, it can lead to inaccurate readings and unjust OWI charges. It is essential to investigate whether the breathalyzer used in the specific case was functioning correctly and if it had been regularly inspected and calibrated.
Medical conditions and physiological factors
Conditions such as acid reflux, diabetes and even recent consumption of certain foods or medications can produce false positive results. Individuals with these conditions may challenge test result accuracy if they believe it was influenced by their specific circumstances.
Breath test operator errors
The operator administering the breath test must have proper training and certification. If the operator lacks the necessary training, fails to follow the required protocols or demonstrates incompetence, it can raise doubts about the test results.
Rising blood alcohol concentration
In some cases, an individual's BAC may continue to rise after they have been pulled over and administered a breath test. This is known as the "rising blood alcohol defense." If there is evidence to suggest that an individual's BAC was lower at the time of driving but had risen by the time the breath test was conducted, it may cast doubt on the validity of the results.
Independent blood test
In some jurisdictions, individuals have the right to request an independent blood test after a breath test. If the breath test results are being challenged, obtaining a separate blood test can provide an alternative method of measuring BAC and potentially refute the breath test result's accuracy.
Challenging results
Challenging a breath test requires a thorough understanding of the specific circumstances, relevant laws and scientific principles involved. While breath tests can be persuasive evidence, they are not foolproof and raising valid challenges can help motorists protect their rights and potentially mitigate the consequences associated with OWI charges.]]>On Behalf of Spellman Law, P.C.<![CDATA[Spotting car insurance fraud]]>https://www.spellmanlawpc.com/?p=484292023-07-17T05:20:30Z2023-07-25T05:20:13ZInjury fraud
Car insurance fraud can be as simple as misrepresenting the extent of an injury or prolonging recovery. These fraudulent claims lead to more costs in medical payments to the injured party for unnecessary treatment or pay for time off for healing that was not needed. This type of financial crime causes the insurance to increase to pay for the medical bill coverage, an increase which the policyholder has to absorb.
Damages
Along the same lines of injury fraud is the misrepresentation of damages. An increase in the reported damages, including any damage present before the accident, to receive enough funds to pay the deductible and repair or replace the damaged car is a financial crime.
Counterfeits and documentation
Documentation fraud, defective or low-grade car parts, and false registrations are examples of car insurance fraud. Registering a vehicle in a lower premium area, understating mileage, or misuse of commercial vehicles to gain a lower premium with lower deductions are a few of the documentation errors that cause insurance fraud. Installing defective parts, like counterfeit airbags, to sell or resell a vehicle or pass an inspection are examples of counterfeit fraud. Defending against fraud created by defective parts requires purchasing the vehicle from a reputable dealership or completing a pre-purchase inspection.
Committing car insurance fraud raises the rates of other drivers and may cost you jail time, money, and your policy. Defend against car insurance fraud by understanding your rights, creating detailed records of incidents, including reported injuries and do not sign documents at the accident scene.]]>