Legal Question in Criminal Law in Iowa

I was arrested for taking 6 candybars without paying at an indian casino. These were regular size bars which they charge $1.50 each.There were 6 to 7 individuals walking behind and in front of me when I was leaving the casino to get on the bus which I rode to the casino. It was loading its passengers to return home. I was forced to miss the bus. I was being manhandeled 2 or 3 of these men. They were shoving me around and grabbing hold of my arms.They called the police from the nearby town.I was hyperventalating,out of breath and sweating profusely. All the while the were asking me, "What do you have in your purse - did you take a bag of potato chips - someone saw you take a bag of potato chips that nyou did not pay for." I told them I did not take a bag of potato chips. I would not allow them to take my purse from me. They sat me on the parking lot pavement, twisted my arms to the back of my body, two individuals holding tightly, one to each arm. I informed the that I had an inflamition of my left arm rotator cuff. I had been going to physical therapy as prescribed by my orthopedic physician. Then they let go of my arms and handcuffed.I let them know this was hurtiing my inflamed arm,so they removed the handcuffs. One of the officers that had manhandled me drove me to the sheriffs department where I presumed he worked.He allowed me to call the bus lines telephone to inform them the bus had left without me and 'i had no way to get home.The person in charge arranged for the bus driver to drive back the 60 miles to pick meup. The officer had said they were putting me in a jail cell for the night & I would have to appear before a judge the next morning,which would be Sunday.The officer told the two female employees that he was allowing me to go home with the bus driver due to health reasons. " I asked, "Can someone take me back to the casino so I can catch the bus? His response was,"I doubt it!" He however did drive me to the bus. The two female employees and the officer filled out extensive paper work. One lady took my picture, finger prints and palm prints were downloaded into the computer system. She also took pictures of a scar on each knee due to past total knee replacement. I was told to return to this location Friday, June 24 at 8:30 AM to appear before the judge for a trial. He then said, "Or you can have your lawyer come instead of you to represent you. One of the women said, "If you don't come we will issue a warrent for your arrest.A citation and complaint form given me states:defendant did unlawfully commit theft in the fifth degree, a simple misdemeanor. The above defendant took 6 candy bars from casino food court and placed them in her purse. Defendant left casino without paying for bthem. Theft less than $200.In violation of Iowa code of Iowa, section 714.2(5)

What is the worst that can happen to me? Can they put me in jail? I have not told any of my family members about this situation because I am so ashamed. I am 70 years of age. My husband is in 4th stage of melonma and depends on my care.

I surley hope that you are able to give me some advice. Thank You, J.A.T.

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Asked on 6/17/11, 8:22 pm

1 Answer from Attorneys

Todd Miler Miler Law Firm

You are charged with a simple misdemeanor. Under Iowa law, the maximum punishment is 30 days in jail and a fine of between $65 and $625, plus a 35% surcharge and court costs. If you have no prior criminal history, with a guilty plea you are likely to receive the minimum fine without any jail time. When you arrive for your court date I am sure the County Attorney will discuss a resolution of the charge with you. If you are not comfortable handling this on your own, you do have the right to hire your own attorney. If the judge is even considering jail as an option, you would then also have the right to have a court-appointed attorney if you cannot afford an attorney on your own.

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Answered on 6/18/11, 5:40 am


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