Legal Question in Criminal Law in Iowa

First court date on 5th degree theft (simple misdemeanor):

My question deals with what happens on the first court date. I was charged in the city, and my prosecutor is the city attorney. I have discussed with the prosecutor about my charges, but he told me that my case hasn't came to his attention yet since my court date hasn't occured yet.

I know I'm guilty, but this is my first offense and I would like to redeem myself under a deferred judgement.

I'm confused now about this process. Can a deferred judgement be made on the first court date? Or must I plead not guilty in order to take it to trial to get a deferred judgement? How does this process work in Iowa? Do I need a lawyer for a deferred judgement? Or will a lawyer be a waste of money for a case as minor as mine?

Thank you!


Asked on 4/19/11, 6:16 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

You can plead at your initial appearance and ask for a deferred. If you don't have a record you'll likely get it. On the other hand it often helps to have an attorney carry the ball for you. You may think it is a minor case but a conviction can prevent you from being bonded. It is also a crime of moral turpitude and can prevent you from getting employment in the justice system or financial institutions.

Read more
Answered on 4/20/11, 9:10 am


Related Questions & Answers

More Criminal Law questions and answers in Iowa