Criminal Law in Iowa
If you are facing criminal charges, you need to understand the seriousness of your situation. Criminal laws in Iowa differ from civil laws in a few essential ways. First of all, the penalties for violating a criminal law are much more severe than the penalties one faces for violating civil laws. Perhaps more importantly, accusations of criminal acts are levied by the government, not by individual parties.
If you are charged with violating Iowa criminal law, you must therefore understand that:
- The government has considerable resources at its disposal
- Prosecutors and law enforcement officials for the State of Iowa may well plan to bring the full weight of their experience and knowledge against you in your trial
- You need to retain legal counsel who is specifically familiar with criminal laws in Iowa
Unique Criminal Laws in Iowa
Every state maintains its own unique set of criminal laws. You are probably not aware of some of these more unique Iowa criminal laws, and this ignorance could cost you dearly down the road.
For example, if you are arrested on suspicion of drunk driving in Iowa, you have only a period of ten days in which to file an appeal and request a hearing with the Iowa Department of Transportation. Failure to comply with this deadline may result in your losing the ability to file such a hearing at all.
Iowa also maintains explicit laws regarding due process. Any Iowa police officer who makes an arrest with or without a warrant must take the arrested person before a magistrate without unnecessary delay. This normally means the next morning, and the appearance may take place over a closed-circuit television system. However, awareness of this rule may prove vital if you feel your appearance before the magistrate is delayed for any unnecessary reason.
Explicit rules also exist regarding how the magistrate:
- Informs you of your right to counsel
- Informs you of your right to bail
- Determines the accuracy of the complaint filed against you
- Informs you of your basic civil rights
- Determines and informs you of the date of your preliminary hearing
Failure to follow any of these rules could result in a legal violation of your civil rights.
Des Moines Criminal Law Firm
If you are charged with violating criminal law in Des Moines or elsewhere in Iowa, you need an experienced criminal law attorney. You can count on the Iowa criminal defense attorneys of McCarthy & Hamrock, P.C., to work tirelessly to ensure the best possible outcome for your case and keep you well-informed every step of the way.

