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One of the common reasons law enforcement gives when they pull a person over in an OWI case is that the person was “weaving within their lane” and “they changed lanes without signaling” Usually this is sufficient to give law enforcement probable cause to stop a car and it goes downhill from there. STATE OF […]

Under Iowa law,804.20, if you are arrested for OWI, you have the absolute right to make telephone calls to your family and to try to find an attorney. Law enforcement does not have to tell you have the right to make a telephone call, however, law enforcement has to tell you who you can call […]

In THE MARRIAGE OF RENEE M. TRIMBLE AND JOHN A. TRIMBLE, the custodial parent (Renee) moved with her children to a new home four hours away. The non custodial parent (John) took a new job that would allow him to maximize his visitation with his children. The new job paid significantly less than his old […]

It is standard law enforcement procedure to tell a suspect being questioning that it is better to tell the truth (confess). However, if law enforcement says that by confessing the suspect will get a reduced charge or lesser punishment, then they step over the line and any “confession” made after that is inadmissible. In STATE […]

Over the past several years, many of us have had the all too common experience of watching the value of our retirement savings drop like a rock. Unfortunately, if that change in value happens between the time your case goes to trial and when the judge renders his decision, you probably will be stuck with […]

Near the time the couple separated, Barbara took some $39,000.00 of marital (joint) money without Richard’s permission or even knowledge. The trial court awarded Richard credit for one-half (½) of the money Barbara took. The Court of Appeals in IN RE THE MARRIAGE OF BARBARA BUDELIER AND RICHARD BUDELIER reversed the trial judge and […]

Whether a person has possession of a controlled substance is controlled by the facts of each case. Here a person was convicted of possession of a controlled substance because he was in the home and near where the drugs were found. The conviction was overturned and the case ordered dismissed in: STATE OF IOWA, vs. […]

Late last year, Judge Rosenbaum a federal judge in Minneapolis, preliminarily approved a proposed settlement in a large shareholder class-action against UnitedHealth Group. Several weeks later, lawyers for two shareholders filed a late objection to the settlement, arguing that the fees for class counsel – $110 million – was excessive. Judge Rosenbaum issued a final […]

Many people, attorneys included, believe that when both spouses are working outside the home and have been married for less that 20 years, the court will not award alimony. Two cases decided by the Iowa Court of Appeals on September 2, 2009 show that this is not always the case. Alimony may be used to […]

Several recent court cases have once again confirmed that anything you say can and will be used against you even if you have not been given your Miranda warnings. In State v. O’Dell, the defendant was stopped for routine traffic violations. Because of the very cold weather, the officer asked the defendant to sit in […]