Legal Question in Criminal Law in Iowa

Mistaken Hooch

My fiance was given five year sentence for third owi, went through treatment was put in Lary Nelson Center. He was working construction took fruit juice from the center to his work didn't drink all of it forgot to dump it out, put it in a closet in his room, and was starting a different job at factory and they did room searches found the fruit juice and mold and fuzzy stuff was on the top so accused him of making hooch sent him to jail then prison without lawyer or even going in front of a judge, they have informed me, they threw out the evidence. I have some fruit juice set out for two days and it can mold and get fuzzy and even smells like yeast,(yeast is what they said he put in it)the center had said there is noway juice would do that unless someone put yeast in it. I want to know how they can send him to prison with no evidence or him even seeing any paperwork that they ran tests on it. At the least he should been able to go in front of a judge to explain the circumstances.


Asked on 9/26/05, 11:47 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Mistaken Hooch

People who are on work release from the Fort are strictly speaking still in jail doing time. If his work release privileges were rescinded and he was sent to Newton or some other place ordinarily there is no hearing but that shouldn't stop an attorney from getting something on file and trying to get him a hearing...usually the issue in these situations is cost.

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Answered on 9/26/05, 12:03 pm


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