Uncounseled Misdemeanor Convictions and Enhancement of New Charges
Prior convictions where defendant did not have a lawyer and did not waive their right to a lawyer may not be used to make a new charge more serious.
Prior convictions where defendant did not have a lawyer and did not waive their right to a lawyer may not be used to make a new charge more serious.
The Iowa Supreme Court agrees with GRL Law that police officers may not play word games when it comes to an arrested persons statutory right to counsel under Iowa Code section 804.20. When a request is made, the arrested officer must fully and fairly advise the person of their rights under the law.