Legal Question in Criminal Law in Iowa

Re: simple harassment

I'm not licensed in your state, but in Tennessee, and in Tennessee and in general the answer to the first question is what is refered to as the doctrine of void for vagueness. In other words the statute is simply too vague to put the defendant on notice of exactly what behavior was being made illegal. For example, see the case of Bolles v. People, 541 P.2d 80 (CO. 1975), and Everet v. Moore, 683 P.2d 617 (WA 1984), and Gilbreath v. State decided by the Florida Supreme Court in 1995.

When the charging document does not make clear when or where the alleged offense was committed, the problem is one of Double Jeopardy, because the defendant could be tried a second time for the same offense, with the actual date and time set out in the later charging document.

Yes, a defendant has considerable rights, but generally is is defense attorneys who protect them, not prosecuting attorneys or judges. I suggest you hire an attorney to defend you.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601