For Contract Public Defender Clients
Protecting your rights
Crystal G. Lovett is providing indigent defense in Polk County, Iowa, simple misdemeanor cases under contract with the State Public Defender's Office.
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Polk County Attorney's Office
In Iowa, Simple Misdemeanors are the least serious criminal charges. The maximum sentence for a simple misdemeanor is 30 days in jail, $855 (plus 15% surcharge and court costs), or both. Some simple misdemeanors charge a violation of state code. Other simple misdemeanors charge a violation of a city or county ordinance. The Polk County Attorney’s Office handles some simple misdemeanors and traffic offenses occurring in Polk County, but not all such cases. Currently, the Polk County Attorney’s Office handles the following simple misdemeanor and traffic prosecutions if the charge involves a violation of the Iowa Code or a Polk County (and not any city’s) Ordinance:
- All Simple Misdemeanor Domestic Abuse cases and any No Contact Order Violations stemming from those cases regardless of what police department filed the charge
- Simple Misdemeanors charged by the Des Moines Police Department that involve a violation of the Iowa Code (and not a city ordinance)
- All Simple Misdemeanors charged by the Polk County Sheriff’s Office or a Polk County Conservation Officer that involve a violation of the Iowa Code or a Polk County Ordinance
- All Simple Misdemeanors charged by Iowa State Patrol, the Iowa Department of Transportation, the Iowa Division of Criminal Investigation or the Iowa Department of Natural Resources that involve a violation of the Iowa Code
- All Simple Misdemeanors charged by the West Des Moines Police Department or the Carlisle Police Department that occurred in Polk County and involve a violation of the Iowa Code (and not a city ordinance)
- Harassment in the Third Degree charged by the Windsor Heights Police Department that involves a violation of the Iowa Code (and not a city ordinance).
Simple misdemeanors that do not fall in one of the categories set out above are handled by the city prosecutor for the city where the violation allegedly took place.
The Polk County Attorney has several programs and resources for both victims and defendants.
Alternatives Agreement
For some defendants, the State may offer, or the judge may order, alternatives to jail or fines. I encourage every client to consider these alternatives if presented. Some of these alternatives are listed below.
Restorative Dialogue
A Restorative Dialogue is a free, confidential conversation to discuss the conduct that led to the charge(s), its impact, and efforts to prevent further offenses. The Restorative Dialogue is conducted through Zoom with a Facilitator and a volunteer from the Community, i.e. “Community Representative.” To schedule your Restorative Dialogue, please TEXT 515-286-3057 or email VOD@polkcountyiowa.gov. Please provide your criminal case number and indicate that the Restorative Dialogue is needed to complete the Alternatives Program Agreement.
First Time Offender Class
This class is for the individual who is in the criminal justice system for the first time or who has a minor criminal background. This program faces the issues most commonly encountered by the first-time offender. This class will give you an opportunity to look at your own behavior and closely examine the consequences of your behavior.
In-person classes are offered monthly at the DMACC Southridge Center.
One 8-hour class, $125
Iowa Domestic Abuse Program
For those pleading to or convicted of domestic abuse assault, this is a required part of the sentence in addition to 2 days in jail, victim restitution, and a 5-year no contact order with the victim. This class meets once a week for 90 minutes for 24 weeks, and a maximum of 4 missed classes are permitted. The cost is $650.
Substance Abuse Evaluation
Substance abuse evaluations are available through a variety of providers who will recommend a treatment plan or program that must also be completed if this alternative is available.
Repeat Offender Class
This class is for the individual who has been involved with the criminal justice system on more than one occasion. This class will give you the opportunity to look at your life and discover why you have exhibited certain behaviors. Alternatives will be examined to help you avoid the same problems in the future.
In-person classes are offered quarterly at the DMACC Southridge Center.
12 hour class (one 9-hour session plus one 3-hour session), $180
Victim Impact Awareness Class
The Victim Impact Awareness class is an educational program designed to teach offenders about the human consequences of crime. In a safe environment, offenders are taught how crime affects the victim and the victim's family, friends, and community, and how it also affects them and their own families, friends, and communities. Specific modules address victimization, property crimes, drugs and society, child maltreatment, assault, robbery, violent crimes, gang mentality, and restorative justice. A key element of the classes is the direct involvement of victims and victim service providers. They tell their personal stories of being victimized or of helping victims to reconstruct their lives after a traumatic crime. Offenders learn the ripple effect caused by crime and understand the value of repairing harm.
In-person classes are offered quarterly at the DMACC Southridge Center.
12 hour class (six 2-hour sessions), $240