Heavy Handed Prosecution: CDL and OWI Charge Successfully Defended

Todd Miler who shares office space with us and to whom we refer clients successfully defended an over-the-road truck driver who in his personal life was stopped and charged with operating his personal car while under the influence of alcohol.

Don’t convict Dr. Baldi through news accounts

Dr. Baldi is neither a savior nor a danger to the general public. He’s treating patients with chronic pain for which there is judgment without a clear solution.

Pedestrian is killed and driver of Hummer is not charged.Why?

Just because criminal charges are not filed won’t preclude a civil action because the legal standard for finding culpability are very different. The criminal case focuses on whether there is evidence of a crime and the standard is beyond a reasonable doubt. The civil law focuses on whether or not there is a preponderance of the evidence to show the driver was negligent. Of course comparative fault is of the pedestrian is also at issue. Essentially were one or both at fault, negligent, in causing the accident.

Rothstein Expected to be Charged and Arrested Today

What has Scott Rothstein been doing? Well, aside from living in hotel rooms he's been talking. And still the question remains as to what he knows about the murder of Melissa Lewis. And towards getting that question answered we come full circle to Tony Villegas.

Michael Jackson was just like the rest of us.

The King of Pop is dead.  Why did he die?  If one can believe rumors, i.e. "the news", then we should believe that he died of a prescription drug overdose.  The question becomes whether it was purely accidental, or something more sinister.  Michael Jackson's family appears to blame Michael's personal physician.  The allegation appears to be that the good Doc was injecting or otherwise providing Michael with prescription meds.  If this had occurred in Iowa, it is possible that the physician, and perhaps others, could be facing criminal charges for homicide and delivery of drugs.
 
According to the Centers for Disease Control, unintentional fatal drug overdoses nearly doubled from 1999 to 2004 and were the second leading cause of accidental death in the United States in 2004, behind only automobile crashes.  Deaths from accidental overdoses increased to 19,838 in 2004, from 11,155 in 1999.
 
OxyContin, as well as their generic cousins oxycodone and hydrocodone, are from the same family of drugs as heroin. Some refer to these drugs as "hillbilly heroin."  Used correctly, they ease the pain of people recovering from surgery or coping with terrible back pain. They can become powerfully addictive drugs that users need more and more of to get high. Before long, many users live for their next pill and will do anything to get it — just like heroin addicts. And if painkiller abusers are also drinking alcohol or taking allergy medications, they can wind up shutting down their lungs.  Some states have criminally charged the manufacturers of these drugs for misrepresenting the damage that they can cause.  There are also civil lawsuits pending regarding addiction and abuse against the manufacturers.
 
Do people get charged in Iowa in these types of cases?  Absolutely.  One needs to look no farther than last month in Plymouth County.  Nicholas Clay, a 20 year-old man from Akron, died of an overdose.  The State has charged 18 year-old Justin Bringman and 39 year-old Stuart Barton for their involvement in his death.  Both are facing very long prison sentences.
 
Even if someone does not overdose or suffer any harm, it is a felony in Iowa merely to give someone a prescription medication, even if just one pill.  Simple possession of a prescription medication without a prescription is a misdemeanor.  It goes without saying that these cases have far reaching ramifications, beyond the prison sentences and fines.
 
Michael Jackson's friends and family are rushing around telling everyone who will listen that he was in great shape and otherwise healthy.  An argument could be made that Michael was a co-conspirator in his own death, but that's for the lawyers to decide.  We need much more information than what's provided through the media.  Only time will tell if the Doc is  criminally or civily liable.

and Vicodin

Media trials, domestic abuse and murder in Iowa.

Domestic assault or abuse charges are one of the most frequently charged crimes.  They also carry some of the worst penalties, not to mention the negative stigma which attaches.  Often charges are filed against the spouse that does not call the police.  In other words, whomever calls the police first, wins.  These cases are often extremely difficult to sort through for everyone involved.  Because of the penalties and stigma, false reports are often filed.  One spouse attempts to obtain the upper hand for a variety of reasons and false charges can be filed.  
 
Undoubtedly there are violent domestic situations.  I've had family members suffer at the hands of a violent abuser.  Many of the violent crimes, and most of the murder cases I've been involved in, have had a domestic component.  This weekend I heard that a Des Moines man named Charles Ralph Fenton has been charged with murder in Madison County and that it had a domestic component, and this brought these and other issues to mind again. 
 
The media has regurgitated the State's version, which is usually to charge the guy with murder in the first degree and then sort it out later.  (There are women who are also charged with these types of crimes).  Of course Mr. Fenton does not have the ability nor the resources to spoil the jury pool the way the State always does.  Having had many trials in Madison County and other domestic murder cases in other rural Iowa counties, the State knows this information will spread like wildfire.  I guarantee everyone in Winterset, St. Charles, Peru, Earlham and on and on has heard about this case.  I have had a case moved before from Madison County due to media attention and community bias.  Don't get me wrong, they are good people, but they are people and human nature will take over and as a society we demand a fair trial.  I only hope that the media will consider Mr. Fenton's rights to due process and a fair trial.  We all need to remember that he is innocent until proven guilty beyond a reasonable doubt.  But has this become "justice" in our society these days where we are so quick to convict?  The government is always the most well-represented and richest party in the courtroom.  Plato said long ago, "justice is but the interest of the stronger."  Was he right?
 
And since I am quoting, here is another to keep in mind with regards Charles Fenton or any other case that the government tries in the media:  "Where there is room for question, something is wrong."  Here is a question: the reports in the media say that Mr. Fenton was hospitalized after the incident.  Why?
 
As I said before, often times women are charged in these cases.  If you will recall, Mary Winkler was charged with murder in Tennessee in 2007 with shooting her preacher husband in the head with a shotgun.  It was all over the media.  Dr. Lynne Zager testified for the defense in that case.  I have worked with Dr. Zager before and know from experience she is a well-qualified expert.  Dr. Zager testified in the Winkler case that Mrs. Winkler could not have formed the intent to kill due to a compromised mental condition and she would have dissociative episodes.  Winkler was convicted of voluntary manslaughter, served a brief prison sentence, and later obtained custody of her children.
 
As Thomas Jefferson said, "The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive."  We need to resist everyone of the government's attempts to poison a trial.  Alright, one more quote and then I'm done: "Our liberties we prize and our rights we will maintain."  Our state motto.  Its on the flag.  The same flag that bears the name of the first party listed in every criminal case in Iowa.  We the people need to hold them (us) to it, in every case.  No matter what, no matter the charge.  There is nothing more important.