Legal Question in Juvenile Dependency in Iowa

Theft 5th at age 17 - turned 18 prior to court date

My son was detained inside one of the stores at the local mall in June. He admitted to concealing $6.50 worth of merchandise in his pocket (half of a set of small drinking glasses). A police report was written up and he was released into my custody. He turned 18 two weeks ago. On Aug 4, he received a letter from the county attorney, instructing him to appear in court on Aug 24 for an ''initial appearance'' in Associate District Court. The officer who wrote up the police report told me that the end result would either be handled in juvenile court, or that he would be required to speak to a juvenile officer.

The letter is addressed directly to my son; my name does not appear anywhere as being a part of this procedure. At this point, my husband and I are confused as to the procedure that will be taking place. Now we are not so sure this is being handled by the juvenile court. I've researched on the internet for information and I did find Iowa law Section 803.5: ''An adult who is alleged to have committed a criminal offense prior to having reached the age of 18 may be transferred to juvenile court for adjudication and disposition as a juvenile...''. What happens at an ''initial appearance'' in Associate District Court?


Asked on 8/06/06, 9:21 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Theft 5th at age 17 - turned 18 prior to court date

That's where he'll make his first appearance and enter a plea of guilty or not guilty. It would be wise to be prepared to argue for him being prosecuted as a juvenile rather than waived to adult court. You will need counsel.

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Answered on 8/06/06, 12:57 pm


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