Des Moines Criminal Defense Lawyer

Criminal Defense Attorney in Des Moines, IA

Being charged with a criminal offense can be overwhelming. Even minor offenses can have lasting negative consequences for your personal and professional life. You could be facing incarceration, community service, probation, large fines, and the loss of your civil rights. You shouldn’t face these challenges alone. A skilled Des Moines criminal defense lawyer can help you present a defense against these charges.

Hire a Criminal Defense Lawyer

Since 2022, The Lawyers, PLLC, has helped Iowa residents as they face legal challenges. When you hire a criminal defense lawyer, you want someone who can review your case with compassion and understanding. Criminal allegations can negatively impact your life in many ways, even if the charges are later dismissed.

Crime Rates in Polk County

The Iowa Uniform Crime Reporting program tracks crime and arrest data for every county. All law enforcement agencies within the state are required to report crime and arrest data to be included in yearly reports. In 2024, Polk County saw a crime rate of 5,169.3 per 100,000 population. This rate is a 4.83% decrease from 2023, when the crime rate was 5,431.9.

When facing criminal charges in Des Moines, your case should be heard at either the Polk County Criminal Courts Building or the Polk County Historic Courthouse. Both locations are downtown and handle felony and misdemeanor charges. If you are facing federal charges, your case is heard in the US District Court for the Southern District of Iowa.

Steps in a Criminal Case

The criminal law process differs with the specifics of your charges, but some general steps should be followed throughout the process. These steps are:

• Arrest. The arrest could be initiated by a concerned citizen calling the police, an officer noticing suspicious behavior, or an official arrest warrant.
• Booking. After the arrest, you are taken to a local law enforcement precinct for booking. Your personal belongings are confiscated, and your personal information is recorded. Your pictures and fingerprints are entered into the system.
• Initial appearance. Usually, within 24 hours, you are brought before a judge who explains the charges and sets bail.
• Preliminary hearing. During this hearing, the judge determines if there is sufficient evidence to warrant the current charges. The defendant has the right to waive this process.
• Indictment. For more serious charges, a grand jury may be called to review the evidence and decide if criminal charges should be brought.
• Arraignment. The court reads the formal charges, and the defendant must enter a plea. If you do not already have an attorney, the judge may grant an extension so you can obtain one for this stage in the process.
• Discovery. After a not guilty plea has been entered, both sides begin the process of discovery. During this phase, the prosecution and defense share evidence in the case. Any relevant motions can also be submitted.
• Plea agreements. After discovery, both sides can begin negotiating a potential plea agreement based on the available evidence. It may be possible to have the charges reduced or to agree to the terms of a diversion program.
• Trial. If a plea agreement is not reached, the case proceeds to trial. At trial, both sides can present their evidence to the judge or jury.
• Verdict. The judge or jury weighs the evidence presented and decides if it is sufficient for a guilty verdict. If the defendant is found to be guilty, the judge decides on the sentence.
• Sentencing. Based on the available information, the judge decides an appropriate sentence, taking into consideration any aggravating or mitigating circumstances.

FAQs

How Can I Afford a Criminal Defense Attorney?

When facing criminal charges, you may worry that you can’t afford a criminal defense attorney. These charges may seem high, but they are a worthwhile investment to retain experienced legal counsel.

Depending on your charges and the attorney, you might be charged a flat fee or an hourly rate. Regardless, you can discuss payment options and potential payment plans during your initial consultation. You may only need to pay a retainer fee for work to begin on your case.

What Is the Ideal Defense in a Criminal Case?

The ideal defense in a criminal case is the one supported by the available evidence. If you can prove your innocence with an alibi or that the offense was justified, your charges could be dismissed. Otherwise, your criminal defense attorney is likely to introduce reasonable doubt into the prosecution’s case. When there are legal issues, having evidence suppressed can help lead to the charges being dismissed.

Is It Worth It to Hire a Criminal Defense Attorney in Des Moines?

Yes, it is worth it to hire a criminal defense attorney in Des Moines. Your criminal defense attorney can handle complex legal issues that might arise when you are facing charges. Even if your charges are simple, an experienced criminal defense attorney has insider information on the specifics of Iowa court procedures and the tendencies of local prosecutors. It is also easier to secure a plea agreement with the help of a criminal defense attorney.

What Is the Difference Between a Felony and a Misdemeanor?

There are several differences between criminal offenses that are charged as misdemeanors and felonies. Felony charges are often more severe and result in longer periods of incarceration and other more serious penalties. Misdemeanor charges are often less serious and may only result in short periods of incarceration, probation, or fines. Potential penalties are outlined in Iowa’s criminal statutes.

How Often Do Criminal Defense Lawyers Secure a Favorable Outcome?

Criminal defense lawyers frequently secure favorable outcomes for their clients, but those outcomes are not always a full dismissal or acquittal of charges. In some situations, the most favorable outcome is to minimize the potential consequences of a guilty verdict. Plea agreements that allow a defendant to plead to a lesser charge or participate in a diversion program may be a favorable outcome compared with a conviction.

Contact The Lawyers, PLLC

Criminal defense can be complicated. Every case is different, and you need a legal team that understands the complex legal issues you could face. Our team has more than 10 years of combined experience working within the Iowa criminal justice system. Contact The Lawyers, PLLC, today to schedule your initial consultation.