319-364-5525
serving the city of
CEDAR RAPIDS

FAQ

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FREQUENTLY ASKED QUESTIONS

Check out our the most frequently asked questions

Crimes in Iowa are separated into misdemeanors and felonies.

MISDEMEANORS:

*Simple Misdemeanors: You can sentenced up to 30 days in jail; Fined between $65 and $650
*Serious Misdemeanors: You can be sentenced up to 1 year in jail; Fined between $315 and $1,875.
*Aggravated Misdemeanors: You can be sentenced up to 2 years in prison; Fined between $625 and $6,250.

FELONIES:

Class D Felonies: You can be sentenced up to 5 years in prison; Fine between $750 and $7,500.
Class C Felonies: You can be sentenced up to 10 years in prison; Fine between $1,000 and $10,000.
Class B Felonies: You can be sentenced up to 25 years in prison; there is no fine.
Class A Felonies: You will be sentenced to life in prison; there is no fine.

A deferred judgement is a way for someone to keep his record clean. When someone is either found guilty of a crime or pleads guilty to that crime, a judge can deferred (delay) judgement. The judge will place that person on probation and as long as that person successfully completes the probation, the crime will be expunged off his record. A person can only use two deferred judgements in his lifetime.

Possibly. Though it is relatively rare, there are occasions when an officer will make a mistake which ultimately violates someone’s rights which will result in the charges ultimately being dismissed. It takes an experienced attorney to identify these situations and exploit them.

A simple misdemeanor will generally be done in about 2 months. As far as more serious crimes, most cases are done in 4 – 6 months but some cases can go even longer. Generally speaking, the more serious the case, the longer the case is going to take. Sometimes it is a good idea to take some time to properly prepare a case for trial.

No. Police are only required to read you your Miranda rights under certain circumstances:
1. You are in custody (there are lots of different ways to be “in custody,” you will need an attorney to help you decide if you were in custody); and
2. You are being questioned by a state actor (i.e. a police officer).
Now if you are not in custody and an officer is asking you questions, the officer does not need to give you your Miranda warning. If you are in custody and the officer is not asking you questions, the officer does not need to give you your Miranda warning. If you are in custody and an officer wants to ask you questions, he or she must give you your Miranda warning first. If the officer does not give you your Miranda warning, then any statements that you make in response to the officers questions cannot be used against you. Your charges will not be dismissed however.

No. You have a Fifth Amendment right to remain silent and you should exercise that right. If the police are wanting to talk to you about a crime, chances are they have already concluded that you are guilty of that crime. You will NOT be able to talk yourself out of being charged so talking to the cops can ONLY serve to hurt your chances with a future case.

PRACTICE AREAS

CONTACT INFO

Cory Goldensoph
225 2nd Street SE Suite 310
Cedar Rapids, IA 52401

Phone: 319.364.5525
Email: cjgoldensoph@iabar.org