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California Lawyer
California Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1036
Experience:  Licensed to practice law in California
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I am from Iowa. From what I understand Iowa has no statues

Customer Question

I am from Iowa. From what I understand Iowa has no statues concerning probation and what the standards of probation consist of. If the court does not order any special conditions of probation when the defendant is sentenced, what are the standard conditions? The charge was harassment, an serious misdemeanor for a voice mail in which the defendant made the statement " If this shit doesn't stop I will beat your ass." Which was appealed and the Court of appeals affirmed the district courts decision that these were fighting words and constituted a threat. $315 fine, 90 days suspended all but 48 hrs, and 1 yr probation. All I could find on conditions of probation was 18 US Code 3563. In court would you use these conditions as your conditions of probation and anything else would be a special condition which would need court approval? If no special conditions were ordered.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
would you also have Just answer contact me. I have been a member for many years and thought I still was. However I had to pay for this question. What happened to my membership?
Expert:  California Lawyer replied 1 year ago.

Hello,

Yes, there are probation conditions on any grant of probation. I found a guide here: http://www.robinainstitute.org/wp-content/uploads/Iowa.pdf

As you suspect, there is no list of conditions by statute, but the court will impose reasonable conditions based on the offense. These will be contained in the minute orders at the time of sentencing. For instance, in a harassment case, at least one of the terms would likely be a no contact / stay away order. I would check with the court clerk to see what was ordered in this case.

I hope this helps. Best wishes to you.

DCG

Customer: replied 1 year ago.
There is nothing in the courts orders about probation other then being sentenced to 1yr of probation. Been there done that. I know every document and order in the case file. So with that being said, what's next?
Expert:  California Lawyer replied 1 year ago.

Hello again.

I find it difficult to believe that a person is put on probation with no terms. How would that person know whether or not they had violated probation.

Having never heard of such a thing, I would contact the clerk of the court and inquire about the terms. At a minimum, it is implied to obey all laws.

I know this isn't super helpful, but the court must have imposed something.

DCG

Customer: replied 1 year ago.
The court did not set any terms. However when I went to sign up for probation the probation officer had a probation agreement he wanted me to sign. I did not agree with the conditions on the agreement. I said a lot of the conditions in the agreement did not apply to me and I would only follow the conditions set by the court. He said I make your conditions. I said no, you can not sentence me, your conditions on the agreement would be special conditions and would need to be approved by the court. That he would need to ask the court to approve these conditions, when I was sentenced the court did not specify any conditions of probation, the conditions of probation must be approved by the court. As far as I am concerned my conditions would be as stated in 18 Us Code 3563 since Iowa has no statues concerning conditions of probation.
So if I am charged with a probation violation for not following one of the special conditions that were not approved by the court how would I defend against this? I would think if the state has no laws on the conditions you would resort to the federal conditions as a starting point. Correct?
Expert:  California Lawyer replied 1 year ago.

Ok,

Here is the easiest way to deal with this. You (or your attorney) need to put it back on calendar in the court for clarification of the probation terms. You can argue your side, and the court will impose the conditions it feels are appropriate.

That should do it.

DCG

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