Legal Question in Criminal Law in Iowa

My boyfriend and I live in a apartment together with our one year old daughter. He recently had a dispute with the neighbors who lived on the 1st floor. ( we live on the second) the dispute started at a party of a mutual friend. During the party our girl neighbor started verbally attacking my boyfriend. After arguing for alittle bit my boyfriend decided to walk out of the party, as he started to leave he threw a shot glass on the ground. The girl began to follow bobby outside and stepped in the glass. Once they got back to our apartment they contined arguing in the parking lot. The big glass entry door is glass and was shattered by john doe. The girl neighbor and her boyfriend called the police and filed a report saying my boyfriend broke the glass and assaulted her. They were the two only witnesses that claim my boyfriend broke the glass door and they also claimed he assaulted her from the shot glass incident. Once gathering the statements from the neighbor. They came up to our apartment where my boyfriend was now sleeping. They woke him up and he confessed to breaking the glass door . But he was never read his rights and he was half asleep and still drunk when he confessed. He was already in handcuffs before he confessed. Meanwhile a kid that is friends with the neighbor is running around the apartment with bloody hands dripping everywhere, extremely drunk and the cops never questioned him about the blood or anything. Well, my boyfriend was charged with assault simple and 4 th degree criminal mischief. I bonded him out of jail about 8 hours after he was arrested and he has court and we want to plead nor guilty for any if it. There is no proof my boyfriend broke it if he did or not. Except the two witnesses who are boyfriend and girlfriend and live together on the first floor of our same complex who already don't like my boyfriend and were drunk too. And his confession to the police upon arrest. He has court on the 31st and this all happened on 22nd. Should he plead guily or not guilty.


Asked on 7/23/12, 10:26 am

1 Answer from Attorneys
Todd Miler Miler Law Firm

He should discuss this with his attorney and then after being fully advised of all rights and potential consequences, as well as completing an investigation into the charges, including interviews with witnesses and so on, they could make that decision together. Its impossible and improper to give an answer on the internet as to whether he should accept a plea deal or proceed to trial.

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Answered on 7/23/12, 10:31 am


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