Legal Question in Criminal Law in Iowa

I have asked many questions and I thank you for every answer I get. What a wonderful sight to help people. I have been trying to help my father who is on disability and has been going through three years of the state trying to convict him of sexual acts with a minor. Without going into a lot of detail I am trying not to tell to much of this since this is an open forum. I just hope my questions can help others who may need the same kind of help.

We went to court yesterday, and as I have already wrote his lawyer never told us in writing or by a phone call he was to be there and if it was not for his probation officer he would be in jail today. His lawyer did not show up and told the court attorney to let us know he was stuck (whatever that may have meant) but we drove two hours to get there only to sit an hour and a half and find he wasn't showing. He has pulledx this stunt many times. Last time we met with the lawyer a week ago he wanted my dad to go from a 25 year prison sentence to taking a plea of exposure, probation and sign the registry. (wow what a drop hmmm... no evidence ? exactly) Anyway he told him that he don't want to go to trial because he don't have the money to pay him to do so. Then stated that if he don't take this plea he better find himself another lawyer. Well we are not taking the plea he wants to go to trial. Finally my questions

1.We tell his lawyer we want to go to trial and hope he tells the judge he is excusing himself from the case or do we fire him and fill out the form from the clerk of court getting a court appointed attorney? What is the best way to handle this ?

2. This lawyer is a joke i'm not sure he has ever went to trial. Can we look him up and see if he has ever had one ?

3. How can we look on line for the iowa law books and case files ?

Again I know this is a lot to ask of all of you but we have no were to turn and not enough money to do this any other way. Trust me I am so very greatful for any help you can give me.


Asked on 10/02/09, 10:45 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

1. You can fire your attorney if you like, but a continuance is not necessarily going to be granted, particularly if it looks like you're stalling.

2. Maybe. Try the Iowa Courts Online site and see what you find. Better yet, why not ask the attorney whether he or she has ever done a jury trial? Have you considered that maybe this person knows something?

3. You're going to have to go to a law library, and then you're going to have to learn exactly what it is you're trying to research. You can view the Code of Iowa and the Rules of Court simply by googling those terms, but as far as cases go, unless you know in advance what you're looking for it's not going to help you.

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Answered on 10/02/09, 11:55 pm


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