If I have been charged with a crime, should I get an attorney?
State and federal law provides the accused with the right to legal representation; however, the decision whether or not to exercise that right lies entirely with the accused. The County Attorney cannot advise an accused on such a matter.
If you are the County Attorney, aren't you my lawyer too?
A County Attorney represents the County itself, not its individual citizens. If a County Attorney's position is classified as "part-time" he or she may have a private practice in which they represent private groups and individuals; however, that is not in their capacity as a county attorney. A full-time county attorney (as we have in Hancock County) has no private clients.
How do I get a restraining order to keep a person away from me?
Orders restricting a person's ability to associate freely are limited. There are two types of orders that will keep a person from having contact with another person. It is not possible to get such an Order unless the very limited circumstances listed below are met.
No Contact Order (NCO) is an Order issued in a criminal case for domestic abuse, harassment, stalking, sexual abuse OR any other crime that has a "victim" (person who has suffered physical, emotional or financial harm as a result of a crime committed in lowa). Only a judge can issue a NCO, and only in connection with a criminal offense after the judge determines (1) there is probable cause to believe a public offense has occurred, and (2) the presence of or contact with defendant poses "a threat to the safety of the alleged victim," the victim's household members or family. It is unlikely that a NCO will be issued for burglary, theft, or property crime. Neither law enforcement nor I can issue a NCO, but we are permitted to let the judge know our opinion about whether issuance is appropriate. Protective
Order (PO) is a civil order entered under chapter 236, a juvenile order under chapter 232 or as part of custody/divorce under chapter 598. Law enforcement and I are not involved in the issuance of a PO. Unless it is a request under chapter 236, the victim should contact an attorney or file paperwork with the Clerk of Court. The victim may request a PO under chapter 236 if the victim and perpetrator of the assault are married to or divorced from one another, have a child together or reside together now or within one year prior to the assault. The forms are available from any Clerk of Court, but it is best to file them in the County you live in. Once you fill out the forms, a judge will decide whether a temporary order should be issued, and either way will set a hearing where you will need to come in and present evidence to the Court about why you feel a PO is necessary. The perpetrator will need to attend the hearing as well, but there will be security present.
All parties to the order are bound by it. A protected party who violates a NCO or PO may be prosecuted as well. Violating a NCO or PO is a crime and also a contempt matter. If a violation occurs you should contact your local law enforcement agency, or 911 if it is an emergency. The State (law enforcement or 1) determine which violation will be pursued. Generally, a violation requires mandatory arrest.
What does it mean if I am told that my problem is "civil in nature?"
Law enforcement agencies and the Office of the County Attorney have specific statutory duties. Primarily this is the investigation and prosecution of criminal matters. For instance, if your lawn mower is stolen, the police can investigate that as a criminal matter. However, if the lawn mower is repossessed, the matter is civil in nature and you will have to pursue the return of the lawn mower through other legal avenues, such as retaining a private attorney or initiating a small claims action. The law enforcement agency or this office will not be able to assist you.
I was charged with a crime, what happens next?
A criminal case is picked up by the State of lowa. Therefore, just because you may want to drop the charges, it does not automatically happen. You will need to contact the County Attorney's Office to schedule an appointment to discuss potential outcomes of the case.
I want to drop the charges against someone, what do I do?
I was charged with a case and appointed an attorney, can I talk with the County Attorney?
No, the ethical rules of professional responsibility each attorney in lowa must follow prohibits an attorney from speaking with a represented party. Please contact your privately retained or appointed attorney to discuss your case.
A subpoena is a court order requiring a person or business to either appear at a specific time and place or to provide certain documentation.
Because it is a court order it is important to comply with the subpoena. If you have any questions regarding a subpoena you should contact the attorney who issued the subpoena. If you will have difficulty appearing at the time demanded you should contact the attorney to determine whether other arrangements can be made.
If you have received a subpoena from the Hancock County Attorney's Office and have questions regarding the subpoena, contact us at (641) 923-4198.
What does Hancock County do for Equal Employment Opportunities and does Hancock County have an EEO Plan?
Hancock remains committed to providing employment opportunities to citizens, regardless of gender, race, ethnicity or any other discriminatory reasons.
Further, as part of the Safe Streets legislation, all federal funded grants meeting specific criteria must have on file an Equal Employment Opportunity (EEO) Plan. The County Attorney's office receives a VOCA grant through the State of Iowa for the partial payment of staff to assist Victims of crimes. A copy of the Hancock County's EEO plan is available for viewing at the Hancock County Attorney's Office.
