Criminal Law Practice

Kaplan & Frese LLP Law Office provides criminal law defense to people in Marshall County, Iowa and throughout the state of Iowa. Criminal law is concerned with punishing those who have been charged with a crime. However, not everyone charged with a crime is guilty of it. Barry Kaplan, Chad Frese, and our other experienced criminal law attorneys are available to defend the rights of people charged with drunk driving, drug distribution and possession, firearms violations, violent crimes, financial crimes, and federal charges in Marshalltown, Ames, Cedar Rapids, Des Moines, and other nearby cities. Drunk Driving and OWI Charges

In the state of Iowa, the legal definition of intoxication is .08 for adults and .02 for underage drivers. Commonly, you might find yourself having a little too much to drink and charged with drunk driving. The costs and inconveniences of a drunk driving charge can be substantial and you need an attorney who is experienced and well-versed in aggressively defending your case.

Any person found guilty of driving a motor vehicle while under the influence of alcohol or illegal drugs faces up to one year in jail and a fine of $1,875.00. A minimum two days in jail in required and a minimum $1,250.00 fine is required as well as a license suspension for six months.

For a second offense, an individual faces up to two years in the Iowa Department of Corrections, fines to $6,250.00, and license suspension for two years. There is a mandatory seven days in jail upon conviction with a minimum fine of $1875.00. A third or subsequent offense is punishable as a Class D felony and is punishable by up to five years in the Iowa Department of Corrections and a 30 day minimum jail sentence. The minimum fine imposed is $3250.00 and the maximum is $9375.00. You do have options and our attorneys can explain those to you. It is not required in every case that an individual serve jail time or pay these large fines. Our attorneys know these options well and will explain what we can do for you to avoid them. You also face other penalties that come with and OWI charge. You face the prospect of a license suspension, SR-22 insurance, installation of an ignition interlock device and substance abuse treatment. Our attorneys can talk with you about avoiding these penalties as well.

Iowa police officers must follow specific protocol when pulling over a driver he or she suspects is impaired. Unfortunately, many fail to follow procedures and wrongly place drivers under arrest. The drunk driving and OWI attorneys at Kaplan & Frese LLP challenge all evidence and put the government to the test to prove your guilt.

Drug Possession and Distribution

Crimes involving drug possession and distribution and changing all the time. As our society changes so do these crimes. Of equal importance, crimes involving drugs, an individual charged faces very large bail requirements and mandatory minimum sentences. You need lawyers who are up to date on these changes and know their way around these complicated statutes.

The penalties for drug possession and distribution in Iowa depend on the classification of the drug and the amount possessed, as well as if they are possessed for personal use or distribution. Your criminal history also plays a role. Drugs don’t necessarily have to be on your person for you to be charged with a drug possession crime. For example, they can be in your gym bag or the glove box of your car. Penalties can range from as little as a minimum two days in the county jail to as much as 25 to 50 years in prison and fines up to $50,000.00, with mandatory minimum prison terms of 1/3 of any prison time before parole eligibility. Police, many times, may violate your constitutional rights against unlawful search and seizure or self-incrimination. Only the most experienced criminal defense attorneys know how to navigate these complicated issues. The criminal defense attorneys at Kaplan and Frese, LLP have devoted years of their practice to these issues and will raise each and every issue in your defense.

Firearms Violations

It is becoming increasingly common to see clients get charged with serious crimes involving firearm possession. Disturbingly, most of these clients didn't even know that the crimes they have been alleged to have committed were even crimes at all. State and federal government have made it so it is a crime to possess firearms (and in many cases ammunition) if you are someone who is an unlawful user of a controlled substance or having had a crime of domestic violence on your record. The punishments for these crimes can be severe.

Iowa requires citizens to obtain an annual permit to purchase a firearm. This is different than obtaining permission to carry the firearm, which is known as conceal and carry. The qualifications for both types of permits include:

  • Minimum age of 21 unless you are 18, 19, or 20 and need to carry a firearm as part of your job
  • Proof of completing a firearms safety course
  • Payment of all required fees
  • No felony convictions
  • No proof of alcohol addiction
  • You are ineligible to carry a firearm under federal law
  • You have committed certain actions in the past two years that lead police to believe you may be a danger to yourself or others

Crimes involving firearms are constantly evolving and the prosecution of them have become extremely aggressive. You need a knowledgeable attorney in your corner to assist you. Our firearms attorneys are prepared to challenge the charges against you so you can maintain your freedom.

Violent Crimes

The following offenses fall under the classification of violent crime in Iowa: Assault: This includes the actual infliction of pain or injury or another person having reasonable fear you will inflict it. Willful Injury: A legally unjustified act intending to cause harm to another. Intimidation with a Dangerous Weapon: Discharging, launching, throwing, or shooting a dangerous weapon into a crowd, vehicle, building, or any other venue occupied by people. Harassment: This can include any action intending to annoy or intimidate another individual, whether you used violent means or not. Murder: The intentional taking of a human life with or without premeditation. Manslaughter: Engaging in dangerous actions that killed another person, even when you had no intent to take a life. Disorderly Conduct: Fighting, causing a disturbance, using abusive language, or making loud noises with the intent of causing another person distress. Kidnapping: Forcefully taking a child or adult from one place to another without his or her consent for the purpose of extracting ransom or committing a crime against the victim. Robbery: Causing injury or death to another in the process of forcefully taking their belongings. Sexual Assault: Assault of another with the intent to arouse the sexual desires of either party.

Violent crimes can range from a simple misdemeanor punishable by up to 30 days in jail to a Class A felony and life imprisonment. Our violent crimes lawyers are experienced in defending all of the above types of cases.

Financial Crimes

Every day it seems as though we read or hear about someone charged with embezzlement or taking money from an employer or someone who has trusted them with their money or property. These crimes have evolved into simple crimes such as theft to complicated financial networks designed to hide their crimes over a long period of time to pilfer extremely large amounts of money.

Financial crimes, also known as white-collar crimes, are any non-violent illegal activity for the primary motivation of profiting financially. Examples include credit card fraud, money laundering, identity theft, forgery, and writing bad checks. Jail time and fines assessed depends on the classification of the financial crime. Crimes in this category may be prosecuted as a simple misdemeanor, serious misdemeanor, aggravated misdemeanor, Class B, C or Class D felony. Punishments range from 30 days in jail to 25 years in prison with fines ranging from $65 to $50,000.

As with any type of crime, the burden is on the prosecution to prove your guilt beyond a reasonable doubt. Our financial crimes attorneys will research and challenge the evidence against you when you hire Kaplan & Frese LLP to provide your defense.

Federal Charges

While other Iowa attorneys may be hesitant to accept a federal charge case, our experienced lawyers welcome the opportunity. Federal charges are crimes committed against the government or at the federal level. Some examples include complicated drug conspiracies, racketeering, mail fraud, illegal immigration, terrorism, human trafficking, and child pornography.

Federal prosecutions are extremely complex. The penalties for a federal crime depend on the nature of the offense, your previous criminal record, and any aggravating factors. Prison sentences and fines assessed are almost always more severe than crimes prosecuted at the state level. Chad Frese, an attorney with Kaplan & Frese, LLP has nearly 20 years experience in the federal court and can help you when you so much on the line when you face federal charges.