what does it mean when a lawyer uses "under iowa code"

by Raphael Nader 7 min read

What is the definition of jurisdiction in Iowa law?

Dec 15, 2021 · “Convicted” means found guilty of, pleads guilty to, or is sentenced or adjudicated delinquent for an act which is an indictable offense in this state or in another jurisdiction including in a federal, military, tribal, or foreign court, including but not limited to a juvenile who has been adjudicated delinquent but whose juvenile court records have been sealed under Iowa Code …

What is a felony in the state of Iowa?

Aug 03, 2020 · Under Iowa Code Section 907.3, a deferred judgment is a special adjudication where, after the defendant enters a guilty plea or jury gives a guilty verdict, the court defers judgment and puts the defendant on probation. If the defendant successfully completes probation the criminal case records are expunged under Section 907.9.

What does it mean to be on probation in Iowa?

Under Iowa Code section 331.426, acounty board of supervisors may certify also additions to each of the basic levies (general services levy and rural services levy), if the county has experienced unusual circumstances which create a need for additional property taxes in excess of what can be raised under the basic or supplemental levies.

What is a deferred judgment in Iowa?

Dec 15, 2021 · The following definitions apply to rules in this chapter: "Addicted to the use of alcohol" means physiological or psychological dependence on the continued use of alcohol, or a maladaptive pattern of alcohol use leading to significant occupational, educational, familial, social, legal, or health-related problems. Alcohol addiction does not mean nonpathological …

How do you cite the Iowa Rules of Civil Procedure?

The rules shall be cited as follows: Chapter 1 Iowa R. Civ. P.Jun 8, 2009

Can the state of Iowa legally not provide you a lawyer?

The following information will assist you if you are in need of an attorney for a civil legal matter but cannot afford one. In Iowa there are limited resources and programs available to provide free civil legal assistance....Edit This Favorite.Edit This FavoriteCategory:Share:Yes No, Keep Private2 more rows

What does EDMS mean on Iowa Courts Online?

Iowa Electronic Document Management SystemFailure to accept these terms will take you back to the login screen. Read Chapter 16, Iowa Rules of Electronic Procedure before you register for or use the Iowa Electronic Document Management System (EDMS).

How do I find out if an attorney is licensed in Iowa?

If you want to find a complete list of attorneys licensed to practice law in Iowa, then visit the website of the Iowa Supreme Court to access its database of lawyers licensed in Iowa.

What does Iowa Legal Aid do?

Iowa Legal Aid is a nonprofit organization providing critical legal assistance to low-income and vulnerable Iowans who have nowhere else to turn. Along with volunteer lawyers throughout the state, Iowa Legal Aid helps the legal system work for those who cannot afford help with legal issues.

Can you get evicted in Iowa?

Self-Help Evictions are Illegal This is called "self-help eviction," and it is illegal in Iowa. Tenants who are subject to illegal self-help eviction can get an "injunction" from the court, ordering the landlord to stop trying to remove them without a court order.

What does EDMS mean in Iowa courts?

electronic document management system16.201(5) EDMS. “EDMS” means the electronic document management system, the Iowa Judicial Branch electronic filing and case management system.Oct 1, 2021

What does exhibits mean in court?

A document, photograph, object, animation, or other device formally introduced as evidence in a legal proceeding. An attachment to a motion, contract, pleading, or other legal instrument. An object or collection shown publicly, such as in a museum.

Who is on the Iowa Supreme Court?

JusticesJusticeBornReaches age 72Susan Christensen, Chief JusticeApril 27, 19622034Brent R. AppelJuly 13, 19502022Edward MansfieldJanuary 12, 19572029Thomas D. Waterman1959 (age 62–63)20313 more rows

How do you know if someone is an advocate?

The only way out is to visit the Bar Council and confirm from the register maintained as to whether the said advocate is enrolled. If he is not enrolled and still practicing law then he is liable to be prosecuted for cheating. Punjab and Haryana High Court, Chandigarh.Oct 26, 2013

How many attorneys are in Iowa?

Number of Active & Resident Lawyers Per CapitaNO. LAWYERS PER CAPITA BY STATE (2018)RANKSTATENO. ACTIVE AND RESIDENT LAWYERS44.Iowa7,45445.Arkansas7,08046.Mississippi7,00760 more rows

Who is the Iowa attorney general?

Thomas J. Miller (Democratic Party)Iowa / Attorney generalThomas John Miller is an American lawyer and politician serving as the 33rd and current Attorney General of Iowa. Wikipedia

What is a deferred judgment in Iowa?

What is a deferred judgment? Under Iowa Code Section 907.3, a deferred judgment is a special adjudication where, after the defendant enters a guilty plea or jury gives a guilty verdict, the court defers judgment and puts the defendant on probation. If the defendant successfully completes probation the criminal case records are expunged ...

What is an expunged case?

Expunged cases are considered confidential records under Section 22.7. They are only accessible to the defendant, defendant’s attorney, or someone with a signed waiver from the defendant . In essence, in these cases the Court does not accept the guilty plea or proceed to criminal sentencing.

What happens if you breach probation?

If you breach the conditions of your probation, your probation officer might recommend that the court revoke your probation and deferred judgment. When this happens, you lose your deferred judgment and the court enters a conviction against you.

Can a misdemeanor be deferred?

Both felonies and misdemeanors are eligible for a deferred judgment. However, certain crimes, like drunk driving with a BAC over 0.15 or failure to register as a sex offender, are never eligible. Because a deferred judgment does not generally count as a conviction, it can be a great option for many defendants.

How are property taxes collected in Iowa?

Property taxes in Iowa are collected locally by county governments and distributed by the county treasurers to the other tax-certifying bodies in the county. The county treasurer is required to mail a property tax statement to each taxpayer.214 The tax may be paid in semiannual installments, the first of which becomes delinquent October 1 and the second which becomes delinquent April 1. However, if the last day of September or March is a Saturday or Sunday, the amount due becomes delinquent on the second business day in October or April, respectively. In order to avoid delinquency, the county treasurer must receive the tax payment on the last business day of September or March, or, if mailed, the payment envelope must bear a postmark date preceding October 1 or April 1. If the last calendar day of September or March is a Saturday, Sunday, or a holiday, the payment must be postmarked before the delinquent date. If paid by electronic means through a county treasurer’s authorized Internet site only, if the last day of the month falls on a Saturday, Sunday, or a holiday, the electronic payment must be initiated by midnight on the first business day of the next month. All other electronic payments must be initiated by midnight on the last day of the month preceding the delinquent date.215 Delinquent taxes draw interest at a rate of 1.5 percent per month until the parcel is sold at tax sale or the taxes are paid by the taxpayer.216 The county treasurer may allow property taxpayers to make partial payments of taxes. If the treasurer elects to permit partial payments, the authorization applies to all taxpayers in the county.217 Partial payments of taxes may also be made on delinquent taxes as long as the parcel has not been sold at tax sale. A partial payment made on delinquent taxes cannot be in an amount less than the total of interest, fees, and costs accrued on the delinquent taxes.218

What is the assessment expense fund in Iowa?

All expenses relating to assessment of property are payable from the assessment expense fund established in Iowa Code section 441.16.31 Property taxes levied for purposes of assessment expenses are levied separately from other city and county property taxes. The local conference board, and not the board of supervisors or city council, certifies the assessment expense levy to the county auditor.32 The assessment expense levy is only levied upon the property located in the particular assessing jurisdiction.33 The amount of the assessment expense property tax levy is limited to 67 and 1/2 cents per $1,000 of assessed value.34

How much property tax do community colleges pay?

community college board of directors must annually certify for levy a property tax of 20 and 1/4 cents per $1,000 of assessed value in the community college’s area

Who assesses real property?

Most real property is assessed locally by either the county or city assessor. Any city having a population of 10,000 or more may provide by ordinance for the office of city

What is agricultural property assessment?

The assessment of agricultural property, excluding agricultural dwellings, is based exclusively on its productivity, or net earning capacity per acre, capitalized (discounted) at a statutory rate of 7 percent.87 Agricultural dwellings are valued as rural residential property and are assessed at the same percentage of actual value as is all other residential property.88 The land underneath the dwelling is assessed as agricultural land, i.e., based on productivity. Productivity is determined by a five-year average productivity study originally developed by Iowa State University. The productivity study is based on each county’s actual crop yields, prices, and expenses and the resulting formula reflects the county average net income per acre for the applicable five-year period.89 For example, the 2011 assessments were based on the years 2005-2009. The 2013 assessments were determined by replacing years 2005 and 2006 with 2010 and 2011.

How much is the military tax exemption?

military service tax exemption of $2,778 for World War I veterans and $1,852 for other veterans is allowed for active or reserve duty service in the armed forces of the United States. Periods of “active duty” and length of reserve service are specified by statute.104 Local governments are partially reimbursed by the state for providing the military service tax exemption in the form of a credit in an amount equal to the amount the local government would have collected had a consolidated levy rate not to exceed $6.92 per $1,000 of assessed value been levied against the exempted valuation.105 However, the value of the exemption will vary if the amount of the state appropriation funding the exemption is insufficient to fund reimbursement at $6.92 per $1,000 of assessed value.106

What is homestead credit?

The homestead credit was enacted in 1937 to provide property tax relief and to encourage home ownership. The current credit is equal to the actual levy on the first $4,850 of value.181 To be eligible for the credit for each year, the taxpayer must own and occupy the property as a homestead on July 1 of each year, declare residency in Iowa for income tax purposes, and occupy the property for at least six months each calendar year. Persons in military service or residing in nursing homes who would otherwise qualify are also eligible for the credit.182 Claims for the homestead property tax credit must be filed on or before July 1 in the first assessment year for which the credit is claimed. In other words, if a homestead credit is to be allowed for taxes payable in the 2014-2015 fiscal year, the claim must be filed by or be on file as of July 1, 2013. A claim is allowed for successive years without further filing as long as the taxpayer is eligible.183

What is probation in Iowa?

Probation: means the procedure under which a defendant, against whom a judgment of conviction of a public offense has been or may be entered, is released by the court subject to supervision by a resident of this state or by the judicial district department of correctional services. See Iowa Code 907.1.

What is a deferred sentence in Iowa?

Deferred sentence: means a sentencing option whereby the court enters an adjudication of guilt but does not impose a sentence. See Iowa Code 907.1. Felony: A crime carrying a penalty of more than a year in prison. following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter ...

What is a verdict in court?

Verdict: The decision of a petit jury or a judge. 2. a. At the time of or after pronouncing judgment and with the consent of the defendant, the court may defer the sentence and assign the defendant to the judicial district department of correctional services.

What is mandatory minimum sentence?

A mandatory minimum sentence of incarceration imposed pursuant to a violation of section 321J.2, sub section 1; furthermore, the court shall not suspend any part of a sentence not involving incarceration imposed pursuant to section 321J.2, subsection 3, 4, or 5, beyond the mandatory minimum if any of the following apply:

What is section 901.5?

Pursuant to section 901.5, the trial court may, upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction may be rendered, exercise any of the options contained in this section. However, this section does not apply to a forcible felony or to a violation of chapter 709 committed by a person who is a mandatory reporter of child abuse under section 232.69 in which the victim is a person who is under the age of eighteen.

What is concurrent jurisdiction?

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Can probation be revoked?

Upon a showing that the defendant is not fulfilling the conditions of probation, the court may revoke probation and impose any sentence authorized by law. Before taking such action, the court shall give the defendant an opportunity to be heard on any matter relevant to the proposed action.