Legal Question in Appeals and Writs in Iowa

I was charged with 5th degree theft ($12.00 item) on Feb. 1, 2012. I received a notice to appear in court October 2nd. I was never issued a citation. I plead not guilty and had a bench trail. The judge said he was torn and would give his decision at a later date. I was found guilty. My attorney asked for a deferred judgement due to the fact I have no prior record, not even a traffic ticket. The court denied the request for a deferred judgement. My attorney withdrew and now I am on my own. I filed an appeal for the court to reconsider a deferred judgement. I was told I have to write a brief and file this in the court within 14 days. By this showing on my record, I can't get a job anywhere. I am a diabetic with heart problems and I need a full time job with health insurance so I am able to get my medication. I'm not a lawyer and a bit confused about writing a brief. Do I just explain the circumstances and why I'm requesting reconsideration of a deferred judgement? Any advice or pointers would be greatly appreciated. I've never had a deferred judgement in my life and while I was in court I listened to cases before me, all charged with 5th degree theft, all were given a deferred judgement, some have had repeat offenses and still granted a deferred. However, I was not so lucky. The judge wrote on his decision paper that I was eligible for a deferred but the court declines to give one. Can't help but wonder why these were handed out to everyone else, but need advice on writing the brief to appeal.

Asked on 2/02/13, 9:54 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner
0 users found helpful
0 attorneys agreed

There's not much I can tell you except your brief will need to argue why the court should overturn the trail court decision. If you need help I would suggest you contaqct the Drake legal clinic and see if they have a studnet who can help you.

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2/05/13, 11:23 am

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