Legal Question in Criminal Law in Iowa

Going through a divorce (jan 2000) wife claims rape on husband. Husband didn't commit but knows wife was sleeping with a judge and lawyer at said court house so cops out on a plea so he can still have his kids. Charged with 709.11 assault with intent to commit sexual abuse (no injury reported). His copies of paperwork for this were burned by ex-wife and he hasn't gone to receive new copy. Has complied with registry, reviews, etc. No other charges of anything sexual. Did have a DA charge with same wife prior to this charge. So (1) there is confusion as to what felony charge (C or D) he was charged with. (2) He expected to be off the list Jan 2010 because his 10 year mark was up (is this correct with the charge he received?). He received a letter in the mail a few days shy of his 10 yr mark saying that because it was an aggrevated offense that he will have to be on the registry for life. (3) how can they change his registry time a few days shy of when he was supposed to be off?? And finally, with all the talk of Iowa changing their sex offender law, (4) should he seek a lawyer and fight this? Wouldn't it be breach of contract because he was initially told 10 years and now they are telling he he has to be on there for life? Any help would be greatly appreciated. Thanks.


Asked on 1/09/10, 2:52 pm

1 Answer from Attorneys
Todd Miler Miler Law Firm

Yes you should get a lawyer for this issue since it could affect the remainder of your life. It is possible that you received your sentence prior to the Special Sentence requirements of 903B and therefore it should not be imposed upon you. These special sentences are causing a great deal of confusion. Many probation & parole officers, as well as judges and attorneys, do not understand this new law and many convicted defendants are serving sentences that they should not be required to serve.

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Answered on 1/15/10, 5:48 am


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