Find a Good Criminal Defense Lawyer to
Achieve the Best Possible Results for your DUI or criminal prosecution
EXPERIENCED
If you're looking for a good criminal defense attorney to explore your best options in a Cedar Rapids, Iowa, DUI or criminal case, put us on your list. David Cmelik has over 20 years of criminal law experience involving over 5,000 Iowa state law criminal offenses ranging from simple assault to double homicide. David Cmelik's professional successes include Iowa jury acquittals in vehicular homicide, assault with a dangerous weapon, and OWI. He has obtained judgments of acquittal in jury trials for possession with intent to deliver and delivery of controlled substance. In addition, David has jury trial experience in first degree murder, armed bank robbery, and embezzlement. David attained his J.D. from the University of Iowa College of Law in 2001. He obtained his Bachelor of Arts from Iowa State University where he was also student body vice president and chairman of the student government senate. He and his family live in Cedar Rapids.
FIND A DRUNK DRIVING LAWYER WHO SPECIALIZES
This is not a general practice firm nor is it a split practice in any way. We do not divide our time among any other practice areas to distract us from your criminal law matter or DUI (OWI) prosecution.
FIND A DUI LAWYER WHO COMMUNICATES
Criminal law in Iowa is a human endeavor, equal parts communication, empathy, expertise, and compassion. Connect directly with the namesake of the firm when you hire a defense attorney. David A. Cmelik Law PLC will not pass your case off to an associate nor force you to wade through layers of gatekeepers, secretaries, and paralegals when you and your family need to get answers to important questions fast.
FIND A CRIMINAL LAWYER WHO CARES
After an arrest, families are often confused about bail. What is cash or surety? What is a ten percent option to the clerk? If release can be secured and the initial shock subsides, defendants are often surprised to find a so-called "speedy" resolution of their case can take up to four and a half months if all parties demand their rights to the time necessary to prepare a case. This is so because the State of Iowa has 45 days from the date of arrest to timely indict the defendant and, from that date, the Defendant may demand a speedy trial within 90 days of the date of the filing of that indictment. The total is 135 days, or, exactly four and a half months. Defendants are also unpleasantly surprised that collateral consequences, things outside the criminal prosecution, can and do happen to them while a criminal case is ongoing. They can lose their job. They can lose their family. They can lose hope. What they can count on is an objective, professional Iowa attorney who will assess the value of their case. Call David A. Cmelik Law PLC at 319-389-1889 for a free initial consultation.
FIND A CRIMINAL DEFENSE LAWYER
David A. Cmelik Law PLC handles only criminal matters ranging from simple misdemeanors to serious felonies in Iowa courts. This is not a general practice firm.
SPECIALIZING IN CRIMINAL CASES.
Operating While Intoxicated and Operating While Impaired/Drugged in a Cedar Rapids or Iowa City OWI (DUI) prosecution
Operating while intoxicated, or, OWI, Iowa's drunk driving law, is a criminal offense. It results in an arrest and presentation before the criminal magistrate. The county attorney must craft an indictment against the defendant that, if approved by the judge, will set events in motion toward a criminal jury trial. The prosecution is governed by the Iowa criminal code and the Iowa Rules of Criminal Procedure. The criminal prohibition on drunk driving also includes operating a motor vehicle under the influence of any amount of a controlled substance or a combination of drugs and alcohol.
Serious Injury by Motor Vehicle (OWI) in a Cedar Rapids or Iowa City Criminal Prosecution
When someone drives a motor vehicle in violation of Iowa Code § 321J.2, Iowa’s Operating While Intoxicated (OWI) statute, or in a reckless manner “with a willful or wanton disregard for the safety of persons or property,” in violation of Iowa Code § 321.277, or by “eluding or attempting to elude a pursuing law enforcement vehicle,” and causes a serious injury he or she commits a Class “D” felony,
When someone possesses marijuana or other drugs in Iowa, they can be punished criminally. A first offense Possession of Marijuana case can result in a 48 hour jail sentence and a $315 fine. Possession sometimes results in an escalation of a traffic stop and, in some cases, Operating While Under the Influence or Impaired.
Vehicular Homicide
Any unintentional death caused by operating while intoxicated (OWI) in violation of Iowa Code § 321J.2 is a Class “B” felony in Iowa. Iowa Code § 707.6A. A Class “B” felony is punishable by an indeterminate prison sentence of 25 years.
Theft
Theft is what it sounds like but many people don't realize that more expensive, stolen items drive up the criminal classification, and, therefore, the range of penalties available to the court should a defendant be convicted. In other words, the *value* of a stolen item is very much in play to determine the severity of the charge. It's a fact question for the jury and an element of the offense.
Criminal Mischief
Like theft, criminal mischief, or, vandalism, in Iowa, is based on the value of the damage or repair to the item. It can be either replacement value or repair. That value is an element of the offense to be determined by the fact finder.
We also handle the following kinds of cases:
Delivery of a Controlled Substance
Disorderly Conduct
Domestic Assaults
Eluding
Embezzlement/White Collar Crime
Forgery
Fraudulent practices
Harassment
Possession of a Controlled Substance
Public Intoxication
Robbery
Serious injury by motor vehicle (OWI or reckless)
Theft
Vehicular homicide
Call us to speak to us about your criminal law matter.