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Cedar Rapids Criminal Lawyer: What are criminal penalty surcharges?


The financial costs associated with a Cedar Rapids, Iowa, criminal case include more than the fee. They also include certain “criminal penalty surcharges” that are tied to both the amount of the fine and the type of offense.

Iowa Code § 911.1 requires that the clerk of court essentially add a thirty-five percent tax, called a “criminal penalty surcharge”, to all amounts due and owing associated with a criminal case except for parking tickets.

“A criminal penalty surcharge shall be levied against law violators as provided in this section.”

Iowa Code § 911.1

Multiple offenses require that all the fines be added up and then the total is taxed at thirty five percent. Suspended fines are not surcharged.

A Cedar Rapids criminal case arising from drug charges pursuant to Iowa Code Chapter 124 or an OWI (DUI) case in violation of Iowa Code Chapter 321J also require a Drug Abuse Resistance Education, or, DARE surcharge of $10.

A Cedar Rapids, Iowa, criminal case involving domestic abuse, sexual abuse, stalking, and human trafficking cases require a $100 hundred criminal penalty surcharge in addition to other fees, surcharges, and costs.

A law enforcement surcharge of $125 is added to every Cedar Rapids, Iowa, criminal case that involves violations of Iowa Code Chapter 124 (controlled substances), 155A (prescription drugs), 453B (drug tax stamp violations), 713 (burglary), 714 (theft, fraud, and related offenses), 715A (forgery and fraudulent criminal acts), 716 (criminal mischief and trespass), 719.7 (interference with official acts, possession of contraband and obstruction of justice), 719.8 (furnishing controlled substances and intoxicating beverages to inmates), and 725.3 (pandering).

If multiple counts arise from the same indictment and the defendant is convicted of those counts, for each such count a law enforcement surcharge is imposed.

Counties that enact a special ordinance can impose their own surcharges of up to five dollars for each violation in addition to any fine, forfeiture, or other surcharge. This surcharge goes into the county general fund.

If you or a loved one have been arrested for a criminal offense in Cedar Rapids, Iowa City, or other Iowa community, contact David A. Cmelik Law PLC for a free initial consultation today. However, remember that a blog is not legal advice and that sending unsolicited information to an lawyer over the Internet does not establish an attorney-client relationship.

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