Legal Question in Criminal Law in Iowa

Charged with 5th degree theft in state of Iowa. Called the district attorney's office, and they told me that the charge was through the city and not the state. At that point, I understood that my case will be dealt with the city attorney.

I thought theft would be prosecuted by a county attorney or some sort, but it seems like my case will be dealt with a city attorney. I'm trying to get a hold of the city attorney but haven't been able to catch him while he's in his office.

Can someone from Iowa (preferably a city attorney) explain to me why is there this difference? Does this make a difference in how my court process will go? Will I be punished differently? Why did they charge me through the city and not the state? Is either way better or not?


Asked on 4/06/11, 2:16 pm

1 Answer from Attorneys
Todd Miler Miler Law Firm

We have a state codification of laws, and most cities have a codification of some laws. We have state law enforcement officers and most cities have their own cops. City cops will sometimes file the charge under their own city code, rather than the state code, and if that happens it usually dealt with by the city's attorney.

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Answered on 4/07/11, 5:53 am


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