Cedar Rapids DUI Lawyer: Do OWI convictions automatically "fall off" my record?
Defendants sometimes mistakenly believe that a drunk driving conviction in the State of Iowa "falls off" their record, or, is auto
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Welcome to the David A. Cmelik Law PLC Blog Page
David A. Cmelik Law PLC
- Oct 27, 2018
- 2 min
Appeals court: robbery codefendant finger pointing + a little corroboration = conviction
Iowa Court of Appeals affirms conviction for robbing and shooting fast food delivery driver with BB gun. Codefendant's told police defen
David A. Cmelik Law PLC
- Oct 11, 2018
- 2 min
Informant's reputation does not invalidate warrant, says court
The Iowa appeals court in Haase examined whether police seeking a warrant recklessly disregarded the truth by ignoring informant's alleg
David A. Cmelik Law PLC
- Oct 11, 2018
- 4 min
"Willing" Confession Not Entitled to Miranda warning, says Appeals Court
Miranda requires that an interrogation target be "in custody" to get the warning. Otherwise, a defendant is not entitled to it. Co
David A. Cmelik Law PLC
- Sep 26, 2018
- 3 min
Iowa Supreme Court: Allegedly false reports after guilty verdict discoverable in bid for new sex abu
Iowa Supreme Court holds that allegedly false sex abuse claims following a jury verdict of guilty are nevertheless discoverable in bid for n
David A. Cmelik Law PLC
- Aug 24, 2018
- 3 min
Supreme Court Instructs Police: Give "Park and Lock" Option to Arrestees
Recent Ingram decision instructs police to give arrestees park and lock option. Prohibits police from searching containers pursuant to so-ca
David A. Cmelik Law PLC
- May 18, 2018
- 2 min
Cedar Rapids Criminal Lawyer: What are criminal penalty surcharges?
Criminal penalty surcharges add to the fines. They include the law enforcement surcharge, DARE surcharge, and domestic abuse and human traff
David A. Cmelik Law PLC
- Feb 21, 2018
- 1 min
Cedar Rapids OWI Lawyer: prescription as complete defense to OWI charge
In Iowa, a motorist may raise a “prescription drug defense” if they have take the prescription without alcohol and according to medical inst
David A. Cmelik Law PLC
- Feb 16, 2018
- 4 min
Double jeopardy: 'accidental' probationer gets 4 years credit against corrected prison
In State v. Scott Jepsen, the Iowa Supreme Court reversed and remanded with directions to give an inmate credit for four years he mistakenly
David A. Cmelik Law PLC
- Feb 14, 2018
- 3 min
What is an 'Alford plea' in a Cedar Rapids, Iowa, criminal prosecution?
The Supreme Court, Justice White writing for the majority, wrote that the Constitution did not prohibit acquiescence to a finding of guilt i
David A. Cmelik Law PLC
- Feb 14, 2018
- 4 min
Are Police Misusing the Preliminary Breath Test
A preliminary breath test, or, PBT, is a small box used in the field and approved by the public safety commission for the purpose of determi
David A. Cmelik Law PLC
- Feb 9, 2018
- 2 min
Iowa Supreme Court reverses 5-year extension of simple misdemeanor 1-year no-contact order
Today in State v. Vance, the Iowa Supreme Court issued a writ of certiorari to vacate a five-year extension of a one-year no-contact order e
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