Legal Question in Criminal Law in Iowa

My son was sentenced to prison for 2 years on an OWI 2 and a probation revocation. At the time of his arrest the police filed a domestic which his wife did not initiate and said from the begining was a false charge and there was nothing to substantiate the charge. The county attorney told her from the start the charge would be dismissed. It was dismissed with the other charge scheduled for trial, but a plea was reached before the trial. Now the DOC is requiring my son to take BEP classes before he can have visits with his wife and before he can go before the Board of Parole, and they aren't offering a class till next summer. His OWI sentence dismisses in October, his annual parole review date is in March. The sentencing judge said he can file a petition to the court because he is being punished for a charge that he never had the opportunity to defend himself against and was not ever tried for but the judge did not say what the specific petition was. Any ideas here?


Asked on 8/12/12, 6:23 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

It's been my observation that in domestics the victim often recants. The cooperation of the victim is not always necessary for prosecution. Having said that you say that the charge was dismissed but then a plea was reached before the trial. What did your son plead to? I suggest that he review this with his attorney.

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Answered on 8/12/12, 8:42 pm


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