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 80 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.
We help clients with all levels of criminal charges including 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.
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 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 protection of the law and avoid a conviction.
The criminal law 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 charges 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 the destruction of key favorable evidence and making sure that the state follows its 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 its 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 client’s cases to the Iowa Supreme Court. 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. Do not 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?
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.
Daniel Rothman showed a violation of our client’s constitutional rights to be free from illegal search and seizure, in their OWI case. The judge ruled that the officer did not lawfully have enough cause to even order the client out of their car for field testing. As such, results from those tests and the breath test were all deemed inadmissible so the state dismissed the case. In this Story county case, the officer had indicated under oath that evidence such as slurred speech was present. After hearing the videos at a contested motion to suppress hearing the judge disagreed with the officer as to the presence of any grounds to make the defendant submit to testing. Such a ruling also forces the DOT to give the defendant back their driving privileges and the client can expunge the OWI arrest off of all public records.
Daniel Rothman’s client was charged with OWI in Jasper county. After the prosecutor was shown the flaws in the case the state filed a motion to dismiss the OWI with costs assessed to the government. Given the flaws, the DOT also will not pursue any penalty for the OWI. With the dismissal, the client can also have this matter expunged off of their record so even the initial charge will not appear on courts online or any other public database.
Daniel Rothman’s client was facing an OWI based on a urine alcohol test after an accident. Due to an error in the legally required collection process the criminal case is being dropped and no DOT penalties will be incurred by the client.
Daniel Rothman showed a violation of our client’s rights to make their choice to take or refuse the OWI test based on correct information per Iowa Code section 321J.6. In this Polk county case the officer had misinformed the defendant about a small part of the consequences and this enabled Mr. Rothman to win the argument that kicks out the breath test from use at trial. Such ruling also forces the DOT to give the defendant back their driving privileges.
Daniel Rothman’s client was charged with Burglary in the 1st degree a class B felony in Madison county. A class B felony is the 2nd highest level of crime in Iowa and it is the same level as attempted murder. The penalty for this charge is 25 years in prison and as it is a forcible felony, it comes with a mandatory 17.5 years before you can try to parole. There were weaknesses in the state’s case and in the end, the client decided to take a deal for a reduction to a serious misdemeanor assault which is the same level as an OWI 1st. With the agreement, the client also gets a deferred judgment that will allow him to expunge the assault charge and even the record of arrest with the clerk of court, after only 6 months.
Great experience, with McEnroe Law Firm. They ask good questions to answer my problem. I feel very satisfied with my solution. You should contact them to solve your issue.
I signed up for Legal Shield and McEnroe Law was assigned to handle my case. To my pleasant surprise, they took my traffic citation seriously and are handling it very professionally and expediently. I highly recommend this law office.
Nick by far exceeded our expectations of what we thought working with an attorney would be like. He always made sure we understood what we needed to and we were informed every step of the way. He welcomed us to contact him anytime if we had questions or concerns. He never made us feel like we were bothering him or that we should know something.