Legal Question in Criminal Law in Iowa

I was convicted for a public intox back in 2011 for the first time. This past September I was arrested for public intox again. They charged me with a public intox 1st and I went to court and plead guilty to a 1st paid my fine the same day. The following day they filed for a motion to set aside verdict and charge me with a second for the one I got back in 2011. I live in Iowa and I believe the law says that public intox charges stay on your record forever. However, would my situation fall under double jeopardy law?


Asked on 11/16/17, 6:35 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Well, it would be a pretty hard sell. I believe you've already been tried and convicted. If the prosecutor doesn't know that they should. You need an attorney to represent you on this. Since the offense carries the potential for jail time you are entitled to a court appointed attorney. So go, fill out the affidavit and file it.

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Answered on 11/16/17, 7:26 am


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