Legal Question in Criminal Law in Iowa

My daughters brother Mason was charged with a crime. He was given a court appointed attorney that could not remember when court was and did not show up several times. After several attempts to fire him he finally showed up to court with oxygen tanks and was not fit to represent. A new lawyer was provided who insisted that he take a plea. The new lawyer had two trials set for the same day and sent someone else to do the paperwork on a plea. Mason did not want to take the plea. The judge told him that he needed to file a motion. I am not sure what it is. His lawyer said that he will not help him and that he has to take the plea. I don't know how to help him. He has a minimum wage job so he is not able to hire a lawyer. He was a foster care kid and the system left him homeless while he struggled to find a place to stay while he was trying to finish high school. He did graduate but I am afraid the legal system is now failing him.


Asked on 2/01/17, 5:46 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

With all due respect it's his problem and not yours.

He's been through two court appointed attorneys. That doesn't bode well. A motion is a formal request to ask the court to do some thing and it provides the legal basis for the desired court action

He doesn't have to plead guilty to anything he doesn't want to. However, there are court costs and attorney's fees to consider and if he is convicted after a trial those will be significantly higher.

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Answered on 2/02/17, 6:07 am


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