Case Results

A Clark and Sears Law client was accused of Possession of a Controlled Substance (Marijuana) after police arrested the driver of a vehicle and searched the car over the client's objection.  Attorney Katherine Sears argued that the search had been illegal and violated the client's Fourth Amendment rights. The judge agreed and suppressed all evidence from the search.

The case was dismissed with costs to the State.

A defendant was facing Domestic Abuse Assault Third or Subsequent Offense. Third offense domestic is a Class D Felony. Iowa Code Section 708.2A(4) and 708.1(2) explain the charge.

Instead of a felony, the defendant agreed to plead guilty to second offense domestic causing injury. Therefore, the plea was for an Aggravated Misdemeanor. The plea agreement was for probation instead of prison time.

Class D felonies are sentenced to up to five years in prison. On third offense domestic assault, you have to serve at least one year. You can't have parole or work release before that year is over. (Iowa Code 902.13.)

The maximum sentence for an aggravated misdemeanor is two years. The mandatory minimum on the offense is only two days. (Iowa Code 708.2A(7)(a).) Two days is much shorter than a year.

A defendant charged with Sexual Abuse needed a court reporter to take depositions and a private investigator to collect evidence on their behalf. Unfortunately, Iowa Code 815.1 -- which prevents defendants whose friends and family pay for their lawyers from getting state payment for these necessary services unless their lawyers earn no more than $63/hour -- got in the way.

Attorney Katherine Sears argued on the defendant's behalf that Iowa Code 815.1 was unconstitutional as applied. She argued that the constitution guarantees defendants who don't have a lot of money public payment for reasonably necessary defense services regardless of how much their lawyer is paid.

The lawyer argued that Iowa Code 815.1 violated the defendant's rights to effective assistance of counsel, to due process, and to equal protection of the laws. Finally, she raised a structural constitutional challenge. Katie Sears asserted that in denying state payment for these services, the government was defying its obligation to create a system of indigent defense that would provide "zealous advocacy" for criminal defendants.

After some argument, the judge agreed that the law was unconstitutional in this situation. Thereafter, the judge granted the defendant's request for an investigator and for depositions at State expense.

A client was facing three counts:

1. Robbery in the First Degree (Class B felony),
2. Burglary in the First Degree (Class B felony), and
3. Willful Injury Causing Serious Injury (Class C felony).

Each Class B felony was punishable by up to 25 years in prison.  The Class C felony was punishable by up to 10 years in prison.  These were forcible felony accusations for which mandatory minimums would have applied.  For example, Robbery 1st convictions come with a mandatory minimum of 50-70%. (Iowa Code Section 902.12).  Someone convicted of Robbery First Degree would have to serve at least 12.5-17.5 years in prison before becoming eligible for parole.

Attorney Katherine Sears argued in a brief that the alleged victim's identification was not reliable enough to amount to probable cause.  On the prosecution's motion, the case was dismissed without prejudice at the time set for preliminary hearing.

A client was accused of supplying alcohol to a minor. The police claimed that the defendant had confessed to the offense. However, the defendant’s conversation with the police was on video and did not include a confession.

At trial, the prosecution agreed to dismiss the charge as long as the defendant isn’t convicted of another offense in the next six months. The defendant will be eligible to expunge the charge from their public record 180 days after the dismissal.

The penalty for serious misdemeanor supplying alcohol to a minor would have been up to one year in jail and a fine.