Answers To Your Criminal Law FAQs
It is normal to have a variety of questions about the criminal justice system – especially if you or someone you love faces criminal charges. At Lombardi & Miler Law Firm PLLC, our knowledgeable criminal defense attorneys can respond to all your questions with thorough, accurate answers. On this page, you can read our responses to some frequently asked questions that we hear from prospective clients across Iowa.
What is the difference between a misdemeanor and a felony?
A misdemeanor is the less severe category of criminal offense. Misdemeanors can result in jail time of up to one year. Felonies, however, are more severe. A felony conviction can lead to one year or more in prison. It can also cost you your right to own a firearm, serve on a jury or even vote.
How can I find out if there is a warrant for my arrest?
There are several ways to check if you have an active warrant. You can contact the county clerk’s office, search the county court’s online database or have your attorney conduct a warrant search on your behalf. Be aware that if you have an active warrant, appearing in person at a law enforcement facility may lead to immediate arrest. Working with an attorney is often the safest approach, as they can help arrange for peaceful surrender and may be able to negotiate for your release on bail.
How do plea bargains work?
A plea bargain is an agreement between the prosecution and defense where the defendant agrees to plead guilty to a specific charge in exchange for certain concessions. These concessions might include reducing the charges, dropping some charges entirely or recommending a lighter sentence. While plea bargains can often lead to better outcomes than going to trial, it’s important to discuss your options with a criminal defense attorney who can help you understand whether the deal serves your best interests.
What is bail, and how do I get it?
Bail is money or property that serves as a guarantee that you will appear for future court proceedings. After arrest, a judge sets the bail amount based on factors, including the severity of the charges, your criminal history and your ties to the community. You can post bail in several ways: paying the full amount in cash, using a bail bondsman who typically charges 10% of the total bail amount or requesting a reduction in bail if the amount is beyond your means. Your attorney can present arguments for reasonable bail terms at your bail hearing.
What is expungement, and am I eligible for it?
Expungement is the legal process of sealing or erasing a criminal record from public view. In Iowa, certain criminal records may be eligible for expungement, particularly if the charges were dismissed or you were acquitted. However, not all convictions qualify for expungement, and there are specific waiting periods and requirements that must be met. The eligibility criteria depend on factors such as the type of offense, the outcome of your case and how much time has passed since the completion of your sentence. Our attorneys can review your case to determine if expungement is possible and guide you through the process.
What is the process for filing an appeal?
Criminal appeals are complex, but the general steps are as follows:
- File a Notice of Appeal within 30 days of the verdict
- Review transcripts of the trial
- File the appellate brief
- Present oral arguments in court
After this, the appellate judge will either overturn the lower court’s ruling, affirm its ruling or remand the case for a new trial.
How much will an attorney cost me?
The price for a consultation with us is completely free. The rest of our fees depend on the nature of our services and how long your case takes. We keep our service cost-effective and provide transparent pricing for your convenience.
Do I really need a lawyer?
You have the right to work with a free public defender or represent yourself. However, public defenders are often overburdened by heavy caseloads. The law is so complex that you should not try to handle your own defense. When something as important as your future is on the line, you need reliable representation from criminal law attorneys like ours.
What is probation, and what are the conditions typically associated with it?
Probation is an alternative to serving time in jail or prison. It allows you to remain in the community under the supervision of a probation officer. In Iowa, the conditions of probation can vary depending on the nature of the offense and the judge’s decision. Common conditions may include:
- Regularly reporting to a probation officer
- Maintaining employment
- Attending counseling or treatment programs
- Completing community service
- Avoiding further legal trouble or associating with others who have a felony criminal record
- Abstaining from alcohol and drug use
Probation is often criticized as a “slap on the wrist,” but this isn’t accurate. While probation is preferable to jail or prison time, it can be difficult to comply with all requirements, and failure to do so can land you in trouble. Violating any of these conditions can result in penalties, including revocation of probation and possible incarceration.
What are the consequences of a criminal record?
Having a criminal record in Iowa can have a significant impact on your life. It may affect your ability to find employment, as many employers conduct background checks. A criminal record can also influence your eligibility for housing, access to loans and educational opportunities. Additionally, certain rights, such as voting or owning firearms, may be restricted depending on the severity of the offense.
Our attorneys understand how consequential a criminal record can be. That’s why they work tirelessly to help clients avoid conviction whenever possible. They also offer legal assistance to those who want to clean up a past criminal record through expungement.
How does the attorney-client privilege work?
Attorney-client privilege is a legal principle that ensures confidentiality between you and your lawyer. This means that the information you share with your attorney in the context of seeking legal advice is protected and cannot be disclosed to others without your consent.
There are some exceptions to attorney-client privilege. For instance, your communications would not be protected if you sought an attorney’s advice on how to commit a crime or fraud. Absent these few exceptions, however, you can expect complete confidentiality and protection.
This privilege encourages open and honest communication, allowing your attorney to provide the best advice and representation they can offer.
Can a lawyer help me with a case in another state?
While a lawyer licensed in Iowa can provide general legal guidance, they may not be able to represent you in court in another state unless they are also licensed there. However, an Iowa lawyer can assist you in finding a qualified attorney in the relevant state and can collaborate with them to offer comprehensive support for your case.
Contact Us For More Information And Answers
These are probably only a few of the questions you have. You can ask our criminal defense lawyers more in person when you schedule a completely free consultation. To make yours, please call our West Des Moines office at 515-513-5324 or send us an email today.