Public Intoxication Criminal Defense Unbundled Services/LSR

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To request an emergency consultation when stopped by law enforcement under suspicion of public intoxication or pending an arrest for public intoxication, please 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.

This service comprises the phone consultation, which will be up to 30 minutes, regarding your rights and how to best preserve them during and/or immediately following the investigatory stop for suspicion of Public Intoxication; 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.

In your initial phone consultation, I will advise (or give you next steps for enabling me to advise) as to which packages and add-on services would apply to your case initially, and which might apply depending how the various stages of litigation proceeds.

1.  If You’re Arrested and Charged, and/or Charged by Citation, 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 Public Intoxication Offense) ) Will Be Addressed with the Court.

Unless/Until You Select and Obtain Alternative Counsel:

3.  If it is Reasonable to Argue Lack of Probable Cause, Draft/File/Serve* Written 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.  Up to 60-Minute Phone Conference with You Discussing the Merits of Plea Bargaining, or Pleading Not Guilty and Preparing to Take Case to Trial; and if You Go to Trial, Merits of Choosing Jury vs. Bench Trial.

5.  If Desired, Filing of a Not Guilty Plea (with or without jury demand) on Your Charge to the Court So as to Avoid a Need for Your Attendance of the In-Person Appearance Date on the Ticket to Plead and Schedule a Trial (if Case Goes to Trial, You Will Need to Attend Date(s) Subsequently Set by the Court for Trial and any Hearings or Pretrial Conferences).

6.  Limited-Scope Representation in Discovery Matters, Appropriate Prosecution-Motion Responses, and Responding to Any Ongoing Plea Negotiation Offers, Through No Later Than Three Weeks Prior to the Pre-Trial Conference or Trial if No PTC. Representation Excludes All 

In-Person Appearances and Services, Any Pretrial Motions Not Mentioned Above, and Does Not Include Appellate Services.  If Experts and/or Investigators are Appropriate, Their Fees Are Also Not Included.

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

This Package is Limited-Scope/Unbundled Representation and Does Not Include Representation in Any Other Aspect or Stage of Your Case.

Request That the Court Rule Specific Evidence as Legally Admissible or Inadmissible Before Trial So That Any Complex Legal Issues Can Be Resolved Without Delaying or Prejudicing the Trial, and so Trial Strategy and Preparation Can Rely on the Court’s Decision. 

Motion to Reschedule Trial or Hearing Where Court Sets Trial Date That Would Cause You Undue Hardship or Leave Inadequate Time to Prepare Defense.

3.  Drafting and Filing an Individualized Trial Brief Opining to the Court the Construction of the Statute Alleged to Have Been Violated and Arguing for the Most Favorable Interpretation of What the Prosecution Must Prove to Convict.

Appropriate Post-Conviction Motions and IRCP 2.73(3) Appellate Representation in Appeal from Final Judgment to District Court by Right (Briefing Only; Excludes Any In-Court Oral Argument if Request by the Court, and Any In-Court Proceedings if Remanded). Attorney fees exclude appeal bond deposit, the $75 court filing fee, and the ~$2.75/page transcript production fee.

An Application for Interlocutory Review asks the Iowa Supreme Court to hear an appeal of a collateral or pretrial order, not a final judgment of conviction and sentence.  The Court may decide the application without reaching whether the lower court erred in its decision, and typically will only grant the application where reversal on the issue raised would moot the need for the case to go to trial, a trial would cause undue harm, and the issues are important to create precedent for.

An Application for Discretionary Review asks the Iowa Supreme Court to hear an appeal of the appellate decision the District Court makes if the conviction is appealed and affirmed. The Court may decide the application without reaching whether the lower court erred in its decision, and typically will only grant the application where the issues are particularly important to create precedent for to guide attorneys and lower Courts.

Either of the above appeals, if granted, can be transferred after briefing to the Iowa Court of Appeals at discretion of 3-Justice Panel. Their decision can be appealed to the Iowa Supreme Court through a similar process and principles as for discretionary review above.