Legal Question in Criminal Law in Iowa

Let me give you some background information on this situation, assuming I can get a plausible answer from someone on this site. Two juveniles break into the same unoccupied residence twice, the second time they get caught pawning stolen merchandise. Only one get's arrested, they know and have testimony that says another person is also guilty of the same crime. The one arrested gets charged with 2nd degree theft and two counts of 3rd degree burglary as defined in Iowa Law. Does law enforcement have to charge the other person in question when determining the amount of restitution the persons involved owe? The juvenile arrested had no priors and no other negative interactions with law enforcement. Why were charges not brought up on the other individual that has had prior convictions and was on probation? Why wasn't the restitution divided between them? One last thing, the juvenile not arrested had prior convictions and is on probation. At the time the arrest was made, the juvenile that had not been arrested was in a transitioning placement. He had been caught with prescription drugs and was having his probation revoked. Does this have an effect on the charges being brought up? Please answer all/any of these questions, thank you.

Asked on 1/19/11, 10:02 pm

Robert Luedeman solo practitioner

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0 attorneys agreed

Does law enforcement have to charge the other person in question when determining the amount of restitution the persons involved owe?

No.

Why were charges not brought up on the other individual that has had prior convictions and was on probation?

Rhetoric.

Why wasn't the restitution divided between them?

Rhetoric.

Does this have an effect on the charges being brought up?

Could be.

You may not find this "plausible" but it is what it is. You can believe anything you like.

Answered on 1/25/11, 5:58 am

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