Legal Question in Criminal Law in Iowa

Contesting a previous plea of guilty

Three young men were in a parked car and a law enforcement officer approached to investigate. Long story short - the three were arrested on various charges. One individual plead quilty to minor in possession and another plead quilty to possession of maijuana. They simply wanted to move ahead with their lives. The third young man fought the charges. His charges were dismissed after his attorney argued illegal search. Can the other two young men now go back and change their pleas and be exonerated based on the precidence from dropped charges?


Asked on 4/18/09, 10:11 am

2 Answers from Attorneys
Todd Miler Miler Law Firm

Re: Contesting a previous plea of guilty

No. By pleading guilty they waived their right to challenge the illegal search. Unfortunately, this happens when there is a questionable search and the prosecutor makes an offer to resolve the case. The defendant is left with a decision of choosing between accepting a deal from the prosecutor or taking their chances in a hearing with the Judge challenging the constitutionality of the search. Once that decision is made to accept the plea offer and the Court accepts the plea and sentences the defendant, a defendant cannot go back and challenge the search as illegal. It is always advisable to consult with an attorney prior to making these important legal decisions.

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Answered on 4/20/09, 8:57 am
Robert Luedeman solo practitioner

Re: Contesting a previous plea of guilty

maybe, maybe not. In pleading guilty they probably gave up their right to appeal and also to file a motion in arrest of judgment. In any event the time to file a motion in arrest of judgment is short-it is no more than thirty days, I think.

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Answered on 4/18/09, 2:49 pm


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