Best practices. Honest answers. Straight talk.
CRIMINAL LAW EXPERIENCE MATTERS
Let us help you chart your best course back to life before OWI or criminal law prosecution
David Cmelik is a Cedar Rapids, Iowa area criminal defense lawyer with over 17 years of criminal law experience involving over 4,250 Iowa state law criminal offenses ranging from simple assault to double homicide.
This is not a general practice firm. We do not do divorces or estate planning and then "a little criminal law" on the side. All we do is criminal law.
Cmelik is experienced in defending those charged with criminal drug possession, possession with intent, and delivery of marijuana, cocaine, crack, heroin, and other drugs. He has represented defendants in both federal and state cases involving firearms. If you are seeking an Iowa criminal defense lawyer because you have been charged in Cedar Rapids, Iowa City, Waterloo, or in Benton, Jones, Johnson, or other Iowa counties with a sex offense, are accused of sexual abuse, child endangerment, or you are facing an alcohol or drug-related or drunk driving charge (OWI (DUI), possession of a controlled substance, theft, fraud, criminal mischief, interference with official acts, possession of marijuana, cocaine, crack cocaine, or methamphetamine-- or a felony conspiracy, delivery, or possession with intent to deliver indictment) we will partner with you to provide your best possible options in your Cedar Rapids, Linn County, Benton County, Jones County, Johnson County, or other Iowa county case. Contact David A. Cmelik Law PLC today at 319-389-1889 or contact us here for your free initial consultation.
Cedar Rapids Criminal and OWI (DUI) Matters We Handle
First offense drunk driving in Iowa is a serious misdemeanor criminal charge punishable by at least 48 hours in jail, no more than a year in jail, and fines ranging from $1,250 to $1,875 in Iowa. Read more here.
Second offense drunk driving in Iowa is an aggravated misdemeanor criminal charge punishable by at least 7 days in jail, no more than two years in prison, and fines ranging from $1,875 to $6,250 in Iowa. Read more here.
Third offense drunk driving in Iowa is a Class "D" felony criminal charge punishable by at least 30 days in jail, no more than five years in prison, and fines ranging from $3,125 to $9,275 in Iowa. Read more here.
Boating While Intoxicated
Boating while intoxicated (BWI) is the equivalent of operating while intoxicated (OWI) on navigable waters in the State of Iowa. It is governed by Iowa Code § 462A.14. Read more here.
Cedar Rapids Driving Charges: Driving While Suspended, Driving While Revoked, and Driving While Barred
Driving while suspended, driving while revoked, and driving while barred are criminal offenses that can be imposed for driving while an Iowa DOT sanction is imposed for nonpayment of fines, an alcohol or drug related offense, or for habitual offenses.
An assault charge can range from a simple misdemeanor all the way to a felony charge. Assaults on persons in certain occupations, including police officers, can be enhanced. Injuries and the use of weapons can also enhance the classification of the offense and possibly penalties.
Domestic assault charges are assault that occurs between intimate partners, recently separated ex-partners, relatives, and parents of biological children. There are mandatory minimum penalties with all domestic assaults as well as domestic abuse programming and no-contact order implications.
Forgery is what it sounds like but has a more complicated legal definition. It can mean the forgery of official documents and includes bad checks where the defendant had no intention of honoring the debt
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.
Operating While Impaired/Drugged in a Cedar Rapids or Iowa City OWI (DUI) prosecution
Operating while intoxicated also includes operating a motor vehicle under the influence of any amount of a controlled substance or a combination of drugs and alcohol. Read more here.
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, Read more here.
Vehicular Homicide in a Cedar Rapids or Iowa City criminal prosecution
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. Read more here.
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.
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.
Sexual abuse and other sex related crimes have a specific definition under Iowa law that require the prosecutor, court, and jury to analyze the age of minor victims and the nature of the conduct.
Full service criminal law firm should you or a loved one be arrested in Cedar Rapids or Iowa City for a criminal charge
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. Read more here.
DON'T FEAR THE UNKNOWN IN YOUR IOWA
CRIMINAL OR OWI-DUI CASE. CONQUER IT.
Investigation and Interrogation in Cedar Rapids or Iowa City criminal case prosecution
Interrogators and arresting officers in your Iowa criminal prosecution have no obligation to inform defendants that an arrest is impending and, in fact, often do not do so-- arrest warrants are typically hidden from public view and no public court docket entries exist for them. This is true because law enforcement and the Iowa court system do not wish to alert future arrestees so they can avoid arrest.
Cedar Rapids or Iowa City OWI (DUI) Criminal Arrest: What now?
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.
HIRE A CRIMINAL LAWYER, NOT A SUBSTITUTE
Choosing a criminal lawyer for a Cedar Rapids or Iowa City criminal defense
Criminal law in Iowa is a human endeavor, equal parts communication, empathy, expertise, and compassion. Connect directly with the namesake of the criminal law firm you hire and begin charting your course to recovery from legal crisis by partnering with your 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.
Choose a Cedar Rapids criminal lawyer with experience and let us help you find your best possible options
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.
Contact David A. Cmelik Law PLC today at 319-389-1889 or contact us for your free initial consultation.