McEnroe, Gotsdiner, Brewer, Steinbach  & Rothman P.C. Attorney Scales
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Criminal Law

Being arrested for a criminal offense can affect a person in numerous and significant ways. As a result, having an experienced attorney assist you, can make all the difference. Moreover, knowing your rights will enable you to make the right decisions about your case.

The criminal defense attorneys of McEnroe, Gotsdiner, Brewer, Steinbach & Rothman have a combined 72 years of experience in practicing criminal law. Their experience comes from years of work as defense attorneys and formerly as prosecuting attorneys in Polk, Story and Des Moines County. Our attorneys know that criminal charges can have life changing consequences on people and our attorneys recognize that these cases must be handled with absolute dedication to ensure that our client’s rights are not impeded and that they receive a just resolution to their case.

If you are in custody, contact our office before answering any questions call anytime 515 6641614 for 24 hour assistance. You can also visit our dedicated criminal law website.

We help clients with all levels of criminal charges including homicide via allegations of murder or manslaughter; narcotic offenses ranging from possession of marijuana to possession with intent, distribution and manufacturing; assault; domestic assault; sex assault; robbery; burglary; theft fraud or forgery; firearms or weapon offenses; prostitution and vice; appeals; and DUI/OWI traffic offenses. For more information on OWI cases see our dedicated OWI website. Our lawyers help clients with criminal charges in both state and federal courts.

Our legal system does not truly focus on if a person committed a crime or not, but rather if it can be shown to a jury that a named defendant committed a particular crime. Whether you feel you did what you are accused of or not you will need an attorney to help you determine if the state is going to be able to show a jury that you are guilty. If they can, then the next question is, did the state do something wrong in obtaining the evidence the state will need to show guilt at trial. Our law says that if the police officers made legal mistakes in their work then everything they obtain after the violation will be thrown out. It is therefore critical to make sure that if mistakes were made that they are brought to the attention of the court so our clients can enjoy the full protections of the law and avoid a conviction.

The criminal laws of Iowa allows and in fact demands such a remedy for defendants. If the officer did follow the law and the state can show guilt then it is imperative that a defendant have an attorney to minimize the damage the matter will have on the client, as criminal changes in Iowa carry with them a broad range of penalties. What a judge does to a “guilty” defendant can range from long jail or prison sentences to avoiding of a conviction altogether with an expungement. How the judge will decide to punish a defendant will focus on numerous issues and making sure the judge is aware of all the positive factors in your favor and sees that all the negative factors are explained or clarified, is critical.

We help our clients through all facets of the case. We are there to guide our clients from initial steps to prevent destruction of key favorable evidence and making sure that the state follows their testing procedures, to handling preliminary court hearings. We then undertake the long and important process of determining through meticulous review and analysis of discovery material, if the state has enough evidence to prevail at trial. We also use our own investigators and depositions to determine if there exists favorable evidence that shows our client’s innocence. Of course, when it is favorable to our clients, we make their voice heard at trial to make sure that the Jury understands, after we present our case, that the state has failed to meet their burden and the only option for the jury is to acknowledge doubt and find our clients not guilty.

Our lawyers have fought for our clients in more than 100 jury trials and have taken our clients cases to the Iowa Supreme Court multiple times. We have also helped our clients with thousands of criminal cases that could have had life changing outcomes had the client’s case not been handled properly. Criminal cases are too important to trust anyone but an experienced law firm.

It is critical that a lawyer be involved in the case as soon as possible as many protections afforded each citizen come with time constraints that if violated will cause that right to disappear. Rights to file motions to produce; motions to suppress; motions in limine; requests for depositions and many other key aspects of criminal law representation come with time limits to invoke. Don’t miss out on what could be the key aspect of your defense by waiting to consult with an attorney. Call us for a free consultation today.

 

Why Do You Need A Criminal Law Attorney?

These questions, if not handled properly, could result in an unnecessary conviction.

  • Did the officer violate a rule that could lead to a judge throwing out key evidence against you?
  • Was there probable cause to arrest under Iowa law?
  • Was the officer’s testing or evidence gathering methods performed correctly?
  • Were your Miranda rights violated?
  • Were you allowed to call an attorney, a friend, a relative and when? Did this violate Iowa Code Section 804.20
  • How to obtain copies of all police reports?
  • How to obtain copies of all videos from the police vehicle?
  • How to obtain copies of 911 and dispatch tapes before they are destroyed?
  • What motions do you need to file in Court to protect your rights?
  • Do I qualify for a Deferred Judgment or any reductions in legal penalties?
  • How do I get a stay to stop the revocation of my driver’s license so I can still drive given the 10 day deadline?

 

Our Criminal Law Attorneys

Daniel J. Rothman has been practicing criminal law since his admission to the bar in 2002. He is a former prosecutor of 7 years having worked in the Story County Attorney's office and as the senior member of the OWI Division of the Polk County Attorney’s Office until March of 2009. During his time as an OWI prosecutor, Mr. Rothman was an instructor for the Prosecutors Training Council’s Annual Officer’s training school on OWI law and a presenter for the Central Iowa Traffic Safety Task Force’s annual training regarding OWI law. Mr. Rothman was invited to teach other attorneys in Des Moines how to handle OWI cases in 2011 by the Law Review CLE Group. He prosecuted many types of cases from OWI cases to major felony cases including burglary, sex assault, narcotic offenses, and white collar crimes. He also is a graduate of the Trial Advocacy program at the National District Attorney’s Association’s National Advocacy Center at the University of South Carolina. As a defense attorney Mr. Rothman has represented clients in a wide variety of cases from petty crimes to murder. He has also taken his clients arguments to the Iowa Supreme Court and Court of Appeals where he obtained victories for his clients on such issues as illegal searches for narcotics and violations of client’s rights to attorney consultation.

He received his law Degree and his Bachelor of Arts in Rhetoric from Drake University. While at Drake Law School Mr. Rothman excelled in mock trial, where he defeated Harvard Law School to win the ATLA North Eastern Regional mock trial tournament in Boston Massachusetts. He currently practices law in Iowa District and Appellate Courts statewide. Mr. Rothman represents clients against charges in Des Moines as well as throughout Iowa. You can learn more about Daniel’s OWI / DUI services by visiting his OWI specific website at www.owidesmoines.com. Daniel also proudly serves his community as a board member for the Ronald McDonald House Charities of Central Iowa.

William Brewer has practiced criminal law since his admission to the state bar in 1982. Mr. Brewer is admitted to the Bar in Iowa, both the Federal Iowa Districts, the Eighth Circuit Federal Appellate Court and in the State of Illinois. Mr. Brewer maintains memberships in the Polk County Bar Association, the Iowa Bar Association, as well as the American Bar Association. He is also a member of the Iowa Association of Criminal Defense Lawyers, the Iowa Association for Justice and the American Association for Justice formerly known as the American Trial Lawyers Association. Mr. Brewer served as a prosecutor in Des Moines County Iowa.

Frank Steinbach III has been in the practice of law for over 25 years. He is licensed in all jurisdictions in Iowa, including the Iowa Court of Appeals and the Iowa Supreme Court. He has handled numerous cases both in state criminal court and in Federal court. He is licensed to practice in the Federal Courts of the Southern District of Iowa, the 8th Circuit Court of Appeals and the United States Supreme Court. He is a member of the Polk County, Dallas County and Iowa State Bar Associations. He is on the Criminal Justice Act (CJA) panel of attorneys for the Southern District and 8th Circuit Court of Appeals and the Iowa Association of Criminal Defense Lawyers.

 

Know Your Rights

  • You should contact an attorney at the earliest possible opportunity after you are placed under arrest.
  • You should arrange and ask for your attorney to be present.
  • Know that all statements you make in the presence of officers can and will be used against you in all criminal and civil matters. This includes statements that you had been drinking or that you had been at a place where alcohol is sold.
  • Know what the consequences of taking and failing or refusing the Datamaster breath test at the station are, both in your criminal case and through civil proceedings with the Department of Transportation.
  • Know how the taking or refusing Datamaster breath test can affect your commercial driver’s license.
  • Know your rights regarding phone calls and in person communications with attorneys prior to taking the breath test.
  • Know your rights to obtain an independent blood test to challenge a breath test that was not accurate.



 

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