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RECENT CASES
Criminal Law
November 27, 2017. Dubuque County FECR122491
Felony level allegation of Pimping was dismissed at the costs of the State of Iowa. At the request of Attorney Jacobsen, depositions were set and the State of Iowa could not produce the alleged victim for depositions and as a result was unable to proceed forward with the case resulting in the dismissal.
July 10, 2017. Johnson County AGCR113993
All six counts of Harassment in 1st Degree were dismissed at the State's cost after attorney Andrew Wiezorek investigated and presented evidence to the County Attorney proving his client's innocence.
June 14, 2017. Linn County SRCR121902
Attorney Wiezorek successfully persuaded the State to dismiss the charge of Theft 4th against his client.
June 2, 2017. Cedar County AGCR024634
Attorney Wiezorek successfully persuaded the State to dismiss the charges of Possession of a Controlled Substance 3rd Offense and Operating While Intoxicated 2nd Offense. The Defendant was only required to enter a plea to Driving While Barred.
March 1, 2017. Linn County OWCR119641
A Motion to Suppress drafted by attorney Wiezorek and argued by attorney Jacobsen was granted which resulted in the dismissal of their client's Operating While Intoxicated (OWI) charge. The client's license privileges were also fully restored.
September 21, 2016. Federal Court, Northern District of Iowa 15CR2053
On behalf of this Federal Defendant, Counsel urged the Honorable Linda R. Reade to reduce the Defendant's sentence below the advisory guideline range. The Defendant was ultimately sentenced to a term of 95 months of incarceration.
August 23, 2016. Federal Court, Northern District of Iowa 15CR2015
Attorney Jacobsen persuaded the United States Government to "remove" the filing of an 851 Notice. An 851 Notice doubles the statutory minimum and in this specific case removing the minimum term of imprisonment from 20 years to 10 years. Additionally, the Court determined upon the advocacy of Counsel for the Defendant to give a 'below guidelines' sentence in the amount of 78 months was "sufficient but not greater than necessary" to facilitate the considerations of sentencing.
August 15, 2016. Johnson County OWCR108249/AGCR108316
Attorney Jacobsen on behalf of the Defendant successfully reached a resolution on multiple charges and counts. The State agreed to allow the Defendant to plead guilty to the lesser charge of Operating While Intoxicated (2nd Offense), down from a felony level Operating While Intoxicated (3rd offense), as well as dismissing a Driving While Barred charge in the associated file.
August 5, 2016. Johnson County OWCR110835
Attorney Andrew Wiezorek obtained a dismissal of his client's Operating While Intoxicated (OWI) charge at the State's cost. Attorney Wiezorek filed a Motion to Suppress based on the unlawful stop of Defendant's vehicle. After hearing argument at the Suppression Hearing, the Judge ruled that stop was indeed invalid and suppressed all evidence derived from the stop of Defendant's vehicle. This ruling led to the State dismissing the Operating While Intoxicated (OWI) case.
July 8, 2016. Federal Court, Northern District of Iowa 10CR121
Attorney Jacobsen appearing before the Honorable Chief Judge Linda R. Reade urged the Court not to revoke the Supervised Release of the Defendant, but to instead reside in the halfway house for a period of 'up to' 180 days. The Court after considering all arguments and the basis for the recommendation, agreed with the parties and declined to send the Defendant back to prison for the Supervised Release violations.
June 21, 2016. Federal Court, Northern District of Iowa 10CR91
The Defendant having alleged to have violated her conditions of Supervised Release appeared in Court before the Honorable Chief Judge Linda R. Reade. At the time of Hearing, Attorney John Jacobsen argued successfully on behalf of his client that a revocation and a return to prison was not the best option for the Defendant citing the significant community support, employment and other activities under taken by the Defendant. The Court after hearing all arguments and recommendations did not revoke the Defendant, but simply modified the terms of the Supervised Release leaving the Defendant in the community and out of jail.
May 24, 2016. Black Hawk County SRCR208900
Attorney Andrew Wiezorek secured a dismissal of all charges at the State's cost based on a speedy trial issue.
May 11, 2016. Black Hawk County FECR210699
Attorney Andrew Wiezorek secured a not guilty verdict for his client in a Domestic Abuse Assault Causing Bodily Injury case.
January 22, 2016. Linn County OWCR115493
Attorney John Jacobsen moved the Court to dismiss the Operating While Intoxicated charge against his client due to the State of Iowa failing to file the Trial Information within 45 days from the date of the Defendant's arrest. The matter was dismissed and the costs assessed to the State of Iowa.
December 30, 2015. Linn County SMSM118381
The Theft 5th charge levied against our client was dismissed after negotiations with the County Attorney.
December 21, 2015. Cedar County SMCR023990
After advocating on behalf of the client relating to the weaknesses in the State's case, the charge of Domestic Abuse Assault was dismissed.
October 21, 2015. Federal Court - Northern District of Iowa (Cedar Rapids) 14CR80
With the United States Government asking for a term of imprisonment at the time of sentencing, Attorney Jacobsen filed a Sentencing Memorandum and Exhibits urging the District Court to grant a downward variance and enter a sentence of probation. During the sentencing hearing, Attorney Jacobsen advocated for his client and cited numerous reasons that a term of probation was sufficient punishment. At the conclusion of the hearing Chief Judge Linda R. Reade granted Attorney Jacobsen's request for a downward variance in favor of the Defendant. The District Court upon granting the relief requested stated the infrequency of such sentences and the belief that the Defendant was a good risk and would likely not be before the Court again.
http://www.kcrg.com/subject/news/public-safety/linn-county/cedar-rapids-man-sentenced-to-probation-for-pirating-music-cds-movie-dvds-xa0-20151021
September 30, 2015. Linn County FECR105314
Attorney Jacobsen filed a Motion to Reconsider a client's prior sentence of imprisonment. Upon filing of the Motion for Reconsideration, a hearing was held with the State of Iowa objecting to a reconsideration and release of the Defendant. Attorney Jacobsen provided exhibits and argument supporting a release of the Defendant. The District Court after hearing the argument and receiving exhibits on behalf of the Defendant released the Defendant from prison and suspended the previously imposed five year prison term.
August 4, 2015. Federal Court - Northern District of Iowa (Cedar Rapids) 14CR125
At the time of Sentencing, Attorney Jacobsen argued the appropriateness of a United States Sentencing Guideline (USSG) enhancement that was forwarded by the United States Government. Attorney Jacobsen objected to the enhancement, briefed the matter to the Court and successfully argued at Sentencing that the Defendant's prior conviction for Escape in the State of Iowa should not and could not be used to increase the Defendant's sentence. The argument was persuasive and the Court declined to apply the enhancement. As a result Attorney Jacobsen saved the Defendant from an additional 31 months of imprisonment.
July 28, 2015. Johnson County SR(FECR)108480
Attorney Johnson represented the Defendant, charged with Domestic Abuse Impeding Airflow Causing Bodily Injury (D Felony), False Imprisonment (Serious Misdemeanor) and Harassment First Degree (Aggravated Misdemeanor) in Johnson County District Court. Facing potentially 8 years in prison, and with a plea offer of 5 years in prison, the matter went to trial. After a 2 day jury trial, Defendant was acquitted of the False Imprisonment charge and convicted of two simple misdemeanors, carrying a maximum of 60 days in jail.
July 17, 2015. Linn County FECR107443
Attorney Johnson represented the Defendant who was charged with two counts of Sexual Abuse in the 2nd Degree, each of which carried a 25 year sentence, with a 70% statutory minimum. Through negotiations with the prosecutor, a no contest plea was entered to two lesser charges. The Defendant maintained his innocence but took the deal to take the risk of substantial imprisonment off the table. Both of the new counts carried five year terms. At the time of sentencing, Attorney Johnson convinced the Court that the Defendant was able to be adequately punished and supervised by a suspended sentence, and he was sentenced to five years probation, allowing him to remain free and continue his employment.
May 15, 2015. Cedar County OWCR023575
Through attorney Andrew Wiezorek's advocacy, his client's charges were reduced from OWI to reckless driving.
November 25, 2014. Black Hawk County SMCR199948
Attorney Wiezorek negotiated a dismissal of a Domestic Abuse Assault charge on behalf of his client.
November 4, 2014. Black Hawk County SRCR198022
Attorney Andrew Wiezorek successfully negotiated a dismissal of a Possession of a Controlled Substance (Marijuana) charge on behalf of his client.
August 27, 2014. Northern District of Iowa 13-CR-68
Attorney Johnson successfully argued and convinced the Court at the time of sentencing that a term of probation was appropriate. Attorney Johnson's request for a term of probation was resisted by the United States Government. The Court in Ordering a term of probation varied downwards from an Advisory Guideline Range of 30-37 months.
August 26, 2014. Linn County FECR098432
Attorney Jacobsen secured a plea deal wherein the Defendant entered a binding plea to a term of 10 years imprisonment, in exchange for dismissal of two counts of Attempted Murder, one count of Robbery, one count of Willful Injury and one count of Going Armed with Intent. Co-Defendant's in this matter received prison terms of 55 years and 20 years, respectively. 5 years were run concurrent on an unrelated matter.
August 8, 2014. Black Hawk County SRCR194580
Through Attorney Wiezorek's advocacy and diligence the charge of False Reports against his client was dismissed.
May 6, 2014. Black Hawk County SRCR194886
Attorney Wiezorek succeeded in having the four separate counts of False Reports dismissed on behalf of his client.
May 6, 2014. Black Hawk County SRCR192846
Attorney Wiezorek negotiated a dismissal of the Possession of Marijuana charges filed against his client.
February 6, 2014. Linn County OWCR105450
Attorney Wiezorek succeeded in have an Operating While Intoxicated (OWI) charged reduced to a Public Intox.