Coralville criminal defense lawyer — Iowa misdemeanors & felonies

Iowa crime classifications

Iowa crimes are graded into two tiers: misdemeanors (less serious) and felonies (more serious). Each tier has sub-classes that determine the maximum penalty.

Misdemeanors

Misdemeanor sentences are served in county jail. Simple misdemeanors are tried in magistrate court; serious and aggravated misdemeanors are tried in district court.

Felonies

What happens after arrest

1. Booking — fingerprints, photo, intake at the Johnson County Jail (511 S Capitol St, Iowa City).
2. Initial appearance — usually within 24 hours. You're told the charge, given a written copy of it, advised of your right to counsel, and bond is set. Don't argue your case at the initial appearance.
3. Bond — cash, surety, or release on own recognizance (OR). Bondsmen can post bond for ~10% non-refundable.
4. Arraignment — formal reading of the charges, entry of plea (almost always "not guilty" at this stage), and scheduling. Often combined with the initial appearance for misdemeanors.
5. Preliminary hearing (felonies) — within 10 days if in custody, 20 if out. Probable-cause review. Often waived if a grand jury is convened or charges are filed by trial information.
6. Trial information or indictment — the formal charging document filed by the county attorney.
7. Discovery and motions — your lawyer requests evidence, files motions to suppress, motions in limine, etc.
8. Plea negotiation — most cases resolve here.
9. Trial — jury (most cases) or bench. Speedy-trial deadlines apply: 90 days from trial information for in-custody defendants; 1 year general outer limit.
10. Sentencing — if convicted or pleading guilty. PSI (pre-sentence investigation) for felonies and many serious misdemeanors.

Your rights — every step

• Right to remain silent. Use it. Anything you say can — and will — be used against you. The interview room camera is on.
• Right to counsel. Once you ask for a lawyer, police must stop questioning you. Say the words clearly: "I want a lawyer."
• Right to refuse most searches. If police ask for consent, you can say no. Searches incident to arrest, with a warrant, or under exigent circumstances are still allowed.
• Right to a jury trial for serious and aggravated misdemeanors and felonies.
• Right to confront witnesses — to see and cross-examine them.
• Right to a speedy and public trial.
• Right to be presumed innocent until the prosecution proves guilt beyond a reasonable doubt.

Public defender — am I eligible?

If you're charged with a crime that can result in jail or prison and you can't afford an attorney, the court will appoint a public defender or contract attorney. Eligibility is determined by the court using an Application for Court Appointed Attorney based on income, assets, dependents, and obligations. The State Public Defender for the Johnson County area handles many of these cases; private contract attorneys take the overflow.

If you're appointed an attorney, you may still be ordered to repay the cost of representation if you're convicted. Indigent representation is a loan, not a gift.

Common charges in Coralville / Iowa City

• OWI (Operating While Intoxicated) — by far the most common charge in Johnson County
• Assault — simple assault (simple misdemeanor) up through serious injury (felony)
• Domestic abuse assault — separately classified; mandatory arrest in many situations; immigration consequences
• Theft — graded by value; under $300 is simple misdemeanor (5th degree); over $10,000 is Class C felony (1st degree)
• Drug possession — marijuana and other controlled substances; first-offense small-quantity possession is often a serious misdemeanor
• Possession with intent to deliver — felony; weight, type, and presence of children dramatically affect the charge
• Public intoxication — simple misdemeanor; common around downtown Iowa City
• Disorderly conduct, interference with official acts, harassment — common companion charges
• Burglary — first, second, or third degree based on weapons, occupancy, and injury
• Robbery — felony in all degrees
• Sexual abuse — felony in every degree; deeply specialized defense

Deferred judgment

For many first-offense charges (subject to statutory exclusions), Iowa allows a deferred judgment. You plead guilty, the court withholds entry of judgment, you're placed on probation, and on successful completion the case is dismissed. No conviction on your permanent record.

Deferred judgment is not available for:

• Forcible felonies (murder, sexual abuse, kidnapping, robbery, arson 1st, burglary 1st)
• Most Class A and B felonies
• Certain enhanced offenses (e.g., second OWI, high-BAC OWI)
• Offenses requiring sex offender registration
• Anyone who has already received a deferred judgment in Iowa

Even with a deferred judgment, some agencies (FAA, military, certain professional licensing boards) can still see the underlying charge.

Expungement — Iowa rules

Iowa's expungement law has expanded but is still narrower than many states:

• Acquittals and dismissals can be expunged on motion.
• Deferred judgments that were successfully completed are eligible to be expunged.
• Most misdemeanor convictions can be expunged 8 years after the conviction or completion of sentence, if you have no new convictions, all financial obligations are paid, and no current charges are pending. Some categories (e.g., domestic abuse, OWI, sex offenses) are excluded.
• Felony convictions are generally not expungeable, with limited exceptions.

Plea bargains

The vast majority of Iowa criminal cases end in a plea agreement. Plea offers typically involve some combination of:

• Reduction in charge (e.g., aggravated misdemeanor reduced to serious misdemeanor)
• Dismissal of companion charges
• Joint recommendation on sentence (jail, probation, fine)
• Agreement on deferred judgment or suspended sentence
• Restitution

Judges are not bound by the prosecutor's recommendation. A good defense lawyer will explain whether the plea is realistic and what risks remain at sentencing.

If you've been arrested — what to do

1. Stop talking. "I want a lawyer" and nothing else.
2. Don't consent to any search. Don't unlock your phone.
3. Don't post about the case on social media. Don't text the alleged victim.
4. Read your release conditions carefully. No-contact orders are common and violation is a new crime.
5. Hire counsel — or apply for a public defender — immediately.
6. Show up for every court date. Failure to appear can convert a release into a warrant.
7. Save evidence. Witness contact info, photos, surveillance video. It disappears fast.

What criminal defense costs

Choosing a Coralville criminal defense lawyer

• Criminal defense is their primary practice area, not a side gig
• They've taken cases to jury trial — not only negotiated pleas
• They know the Johnson County prosecutors and judges
• They explain realistic outcomes — best, worst, and most likely
• They're clear about flat fees vs. hourly billing and what's included
• They warn you about collateral consequences — immigration, licensing, housing, gun rights
• You can reach them when something happens after hours

FAQ — Iowa criminal defense