Author: Scott Michels

Jury exonerates man of sexual abuse allegation from 20 years ago

HAMILTON COUNTY – Client was charged with Sex Abuse in the Second Degree based on an allegation claimed to have occurred 17 years prior.  After being initially charged, the Assistant County Attorney who was handling the case filed a Motion to Dismiss the case.  Before the motion could be granted by the Court, the head County Attorney, who was personally affiliated with the complaining witnesses father, withdrew the Motion to Dismiss.  Months later the case was turned over to the Iowa Attorney General’s Office to continue with the prosecution.  Three years after the charge was brought against him, the case […]

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Wouldn’t think twice about recommended him to someone else in my situation

Scott Michels was the lawyer that I hired for my case. I appreciated the updates throughout the case, always letting me now what the situation was and how he recommends how it should proceed. Pretty impressed by the way everything was handled with him looking over the videos presented and figuring out the best wag to go forward. Very knowledgeable with cases like mine and wouldn’t think twice about recommended him to someone else in my situation. Even though the case didn’t go exactly my way I am pleased with the amount of effort put in to it.

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Female removed from sex offender registry

I have handled a lot of sex offender registry modifications, but this was the first time that I have represented a female seeking removal from the registry.  The client was subject to a lifetime sex offender registry requirement and lifetime supervision on a special sentence.  The Client met all the prerequisites for modification and the Fifth Judicial District Department of Correctional Services stipulated to her removal from the registry.  The State argued that she should not be removed because, among other arguments, that only one risk assessment tool was used and that tool did not account for manipulation of the […]

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Juvenile Sex Offenders Removed From Sex Offender Registry For Ex Post Facto Violations

This past year three GRL clients who were adjudicated of sex offenses in juvenile court have been granted reprieve from the sex offender registry based upon a novel argument – that the imposition of a lifetime registration violates the prohibition against ex post facto laws.  You may be wondering what does ex post facto mean?  Both the United States Constitution and the Iowa Constitution prohibit enforcement of a penalty that was not in effect at the time the crime was committed. To fully understand the argument that was made for these clients, a bit of a history lesson is required.  […]

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Kudos to officer for admitting his error

A Mitchell County client was arrested and charged with OWI.  Upon review of the jail video it was discovered that Client requested to call his attorney when asked to either consent or refuse to the Datamaster.  In response the officer told Client that he had to make a decision first, then he could call his attorney, because the Datamaster was for administrative purposes and a lawyer only applied to the criminal case.  This violated Client’s phone call rights.  To the credit of the officer, he contacted the county attorney, advised him that he made a mistake and that the case […]

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Did A Glich In The DOT Computer Cause You A Longer License Suspension

A few weeks back a client called and advised that he received a ticket for “Approaching Certain Stationary Vehicles,” in violation of Iowa Code section 321.323A.  He paid the citation and now was looking at a DOT notice stating he would be losing his driver’s license for 180 days.  The notice stated he was not entitled to an appeal. Iowa Code section 321.323A requires that when you approach a stationary emergency vehicle that is displaying flashing lights, you must approach with caution and either 1) make a lane change if possible; 2) if a lane change is impossible, prohibited by […]

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The Neighbor’s Livestock Caused Damage To Your Property The Other Day….

So, your neighbors bulls crossed over onto your property and killed your prize bull and impregnated your purebred cows.  Possibly the neighbor’s pigs got out and rooted up your garden.  Maybe some horses were in your field and trampled your crops.  You’ve got a badly behaved bovine….a cow conundrum…. pork predicament…an equine enigma. What are you as a landowner to do in this situation?  Being a good neighbor and returning the livestock and expecting to get reimbursed for your damages most likely will cause you more frustration, especially if you don’t get along with your neighbor, or they turn it […]

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GRL Saves Driver’s License

A Story County client was arrested for OWI and taken to the police station to provide a sample of his breath.  While reviewing the body camera footage, the arresting officer read Client the implied consent advisory and told Client he could make phone calls.  Client was later asked if he would agree to take the breath test, to which he consented.  Five minutes after providing the breath sample, the officer asked Client to sign the the form stating that he would consent to the test. Iowa law requires that an officer make a written request for a chemical test prior […]

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