OWI/DUI Criminal Defense Unbundled Services/Limited Scope

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To request an emergency consultation when stopped by law enforcement under suspicion of OWI/DUI, offered or asked to consent to a preliminary field test or breath alcohol test, or pending an arrest for OWI/DUI, please ask to speak with an attorney by phone and text the request to (319) 343-6841.  I will not restrict this service to normal hours, will typically be available 11 pm - 2 am CST, and if I am able to receive calls and texts and not engaged in a fixed time commitment, I would typically approve the request and take your payment info for processing via LawPay (into IOLTA client account until service and accounting complete), then immediately advise you via phone.

Includes Up to 90-Minute Emergency On-Demand (Subject to Above, but Typically Available 11 pm – 2 am CST) Roadside Phone Consultation Regarding Whether to Consent to a Blood Alcohol Test, the Consequences Each Choice Will Have for Your Driver’s License, for the Admissibility of the Test at a Criminal Trial, and for Consequences Regarding Your Eligibility for Diversion Programs That Could Allow You to Keep a Conviction Off Your Record Without Winning an Acquittal at Trial.  I Will Further Advise on Your Rights During the Stop, and How to Properly Invoke Them with Law Enforcement and Avoid Unwittingly Saying or Doing Something That a Court May Consider “Voluntary Waiver” and/or Prejudice Your Case.

1.  If You’re Arrested and Charged, Priority Contact with Law Enforcement to Obtain on Your Behalf Body and/or Dash Cam Videos of the Stop/Investigation, Any B.A.C. Test Results, and All Relevant Reports and Other Evidence to Raise Any Rights Violations, Preserve Anything From Which Your Best Defense Strategy and/or Plea Negotiating Leverage Might Arise, and Expedite My Advice/Response and/or Optimize the Speed and Effectiveness of That of Any Potential Successor as Defense Counsel (Whether Public Defender if Eligible and Cost-Sensitive or Another Private Attorney if Case Needs to Go to Trial or You Prefer) and/or to Help You Select and/or Persuade Prospective Counsel to Take Your Case if You Desire a Local Private Attorney.  Upon Receipt, Review of All Such Evidence.

2.  If I’m Available and Granted Leave by the Court to Participate Telephonically, Representation at Your Initial Court Appearance During Which Eligibility for Appointment of a Public Defender to Replace Me (if Desired) and Terms of Pretrial Release from Custody (Whether on Your Own Recognizance & Promise to Appear for Court-Ordered Proceedings, For an Unsecured Appearance Bond/Contract to Pay Set Amount as Additional Penalty in the Event of a Failure to Appear, or For a Secured Appearance Bond (Bail) That Would Be Held and Forfeited as an Additional Penalty in the Event of a Failure to Appear (But Typically Not Required for Release on 1st OWI Offense) ) Will Be Addressed with the Court.

Unless/Until You Select and Obtain Alternative Counsel:

3.  If Charged by Trial Information, Review Probable Cause Analysis and List of Evidence Prepared by the Prosecutor and if it is Reasonable to Argue Lack of Probable Cause, Draft/File/Serve* Written Arguments Against Indictment and Motion to Dismiss Charge for Lack of Probable Cause.  If Applicable, Include Therein or Draft Alternative Motion to Dismiss Charge for Any Other Legally Grounded Basis in the Circumstances of Your Case.

4.  If I deem a Motion to Dismiss Appropriate for Your Case and That Motion is Denied, Draft/File/Arrange Service* of Application for Interlocutory Appeal to Iowa Supreme Court ($100 Court Filing Fee Not Included), In Which (if Granted) I Would Represent You in All But 

Oral Arguments (if Oral Submission Approved) ($50 Additional Court Fee Not Included); and Representation to the Same Extent in Any Appeal Arising from a Transfer to the Iowa Court of Appeals, Favorable Outcome, and Successful Prosecution Application for Further Review 

 by Iowa Supreme Court (If Case is so Transferred, but Outcome is Unfavorable, Application For Further Review and Appeal if Granted Can Be Done For $850 Attorney Fee Surcharge Plus $100 Court Filing Fee and $50 Additional Court Fee if Granted).

5.  If I’m Granted Leave of the Court to Participate Telephonically and a Preliminary Hearing is Applicable to Your Case, Representation in Your Preliminary Hearing.

6.  If You are Indicted, Up to 60-Minute Phone Conference with You Discussing the Merits of Diversion Programs, Plea Bargaining, or Pleading Not Guilty and Preparing to Take Case to Trial, Then Representation of You in Seeking Diversion Program and/or Plea Bargain Through Arraignment (and at Arraignment, if Written, or if Granted Leave to Appear Telephonically).

7.  Up to 30-Minute Post-Arraignment Phone Conference with You to Advise on Whether/How to Proceed with Me, Another Attorney, or Self-Represented.

8.  Any Written and/or Telephonic Iowa Department of Transportation (DOT) Proceedings Relating to Civil Administrative Driver’s License Actions, Including Up to Two Administrative Appeals of Any Initial Adverse Decision.

Representation Excludes All In-Person Appearances and Services, and Does Not Include Any Appellate Services Other Than Those Listed Explicitly Above.  If Experts and/or Investigators are Appropriate, Their Fees Are Also Not Included.

Limited-Scope Representation in Discovery Matters, Appropriate Pretrial Motions and Prosecution-Motion Responses, and Responding to Any Ongoing Plea Negotiation Offers, Through No Later Than Three Weeks Prior to the Pre-Trial Conference.  Representation Excludes All In-Person Appearances and Services, and Does Not Include Appellate Services.  If Experts and/or Investigators are Appropriate, Their Fees Are Also Not Included.

Initial Appellate Representation (Retained Appeal to Iowa Supreme Court or Transferred Appeal to Iowa Court of Appeals) (Excludes Oral Argument Representation if Hearing Requested by the Court).

All Indictable Offenses (Criminal Offenses That Are Not Simple Misdemeanors), Upon Conviction and Sentencing, Have a Right of Appeal to the Iowa Supreme Court, Subject to Post-Briefing Transfer to the Iowa Court of Appeals at the Discretion of a 3-Iowa Supreme Court Justice Panel.  This Consists of Drafting/Filing/Arranging Service* of a Notice of Appeal in Both the Trial and Appellate Court, a Trial Court File-Stamped Notice of Appeal in the Appellate Court, a Combined Certificate, a Request for Production of the Record and Transcripts from the Trial Court, and Then Briefing:

1.  Initial Brief in Support of Appeal by Appellant.

2.  Responsive Brief by Appellee.

3.  Responsive Brief by Appellant.

4.  Final Brief by Appellee.

5.  Final Brief by Appellant.

6.  Appendix (Cited Portions of Record by Both Parties Organized) by Appellant.

The Iowa Supreme Court Then Decides Whether to Retain Case or Transfer Case to Iowa Court of Appeals, and then the Reviewing Court Determines Submission Date and Whether or Not to Hear Oral Argument.  After Submission, the Case Is Reviewed Further and a Decision Made.

Application for Further Review by Iowa Supreme Court of Case Decided by Iowa Court of Appeals Is a Motion to Hear an Appeal at the Discretion of the Iowa Supreme Court (Not as Matter of Right) and is Not Required to Reach Merits.  The motion provides argument as to why the legal issues deserve the Supreme Court's time and to why further review may overturn the results (legal reasons why the Court of Appeals erred in their decision).

Limited-Scope Appellate Representation (Excluding Oral Argument if Requested by the Court) Upon Grant of Further Review to You on an Adverse Court of Appeals Decision (You'd be appellant), or in arguing against overturning a Favorable Court of Appeals Decision if the Prosecution Obtains Further Review (You'd be appellee).