Graves Law Firm

Graves Law Firm Graves Law Firm has been closed.

The Graves Law Firm represents Iowans:
* With DHS appeals
* In criminal cases;
* In car accidents and
* We help Iowans who needs wills and other directives.

09/11/2024

Most interesting presidential debate I’ve witnessed since JFK/Nixon.

07/16/2023

This year’s Pulitzer Prize for fiction was shared. Read both novels—not a fan of either. What’s wrong with me? 😃

02/22/2022

A cartoon by Ed Himelblau.

12/08/2018

I no longer practice.

07/19/2016

Elder Abuse

It's important that the Iowa DHS protects elderly from abuse at the hands of their caretakers. But it's just as important that innocent persons not be labeled as abusers when all they're trying to do is take care of their friends and family members the best they can.

For instance, if a son spends money on repairing things his father owns, how is that financial abuse? I've seen it charged as such.

If a DHS worker is calling you about an assessment, it means they are investigating you or someone else who's acting as a caretaker for a dependent person. Protect your rights.

If an assessment worker finds that you have committed abuse, you have an absolute right to appeal.

You may need representation before that, however, because DHS assessments are often done jointly with law enforcement.

Get experienced counsel!

07/17/2016

DHS Assessments

You may find yourself facing a DHS Assessment for Child Abuse or Dependent Adult Abuse. It would probably be helpful to talk to an attorney before you talk to the DHS, but often, I only hear about it after the assessment is complete.

If they have founded or confirmed that you have committed an act of abuse, you have an absolute right to appeal. If you can't afford an attorney, file a statement that you want to appeal, or correct, the assessment. Depending on which kind of assessment, you have a limited amount of time to do so.

Then you will find yourself in an adversarial setting, and, an administrative law judge will decide whether or not the DHS assessment should be amended. The standard of the evidence is preponderance, the easiest standard in the law and thus most helpful to the DHS. They only have to show that it is more likely than not that you committed the abuse.

Experienced counsel is vital for the innocent person who is facing being placed one of the DHS central abuse registries. Call Graves Law today for assistance. I do these cases regularly.

06/28/2016

Practicing criminal law

There are lots of people who ask me why I so like practicing criminal defense. I'm not sure I can give them an answer. But here's how I think of it.

Two kinds of people engage me: 1) the person who committed the criminal act and now wants to get the best possible plea deal, and, 2) the person who tells me they are not guilty of the offense charged and needs to have the charges dismissed or gain an acquittal after trial.

There is, of course, a subset of the second one: guilty people who want me to get them acquitted despite their guilt.

Why do I like this area of the law? First, it's so important. People face prison if we are unsuccessful. I have clients who face enormous prison terms if convicted.

I feel a special responsibility to those who tell me they are innocent. I can't take their cases lightly and not only do I work them hard, I also worry about those clients.

But all folks deserve representation. This was the lesson our second President, John Adams, demonstrated when he represented the British soldiers who fired on American protesters in Boston.

We are not our clients. Nonetheless, I hope, always, to serve my clients well.

01/03/2016

Expungement law takes effect

Iowa has a new law which allows criminal records to be expunged, if, a defendant was acquitted or the charges were dismissed.

In effect, it means if you were acquitted of a crime in Iowa, you now can have the records expunged and your criminal file will no longer be a public record. There are several conditions, but, the only really important ones are acquittal and that you didn't use an insanity defense. Also, you have to wait 180 days after acquittal.

While this may not matter to most people, it should make a huge difference in the lives of people wrongly charged with a crime who stood up for their innocence.

I once had a working nurse who was charged with assault, It quickly became clear that she shouldn't have been charged, but, others in the household should have been. The county attorney dismissed the charge.

When she sought employment later, of course, the record of the charges stood in her way. Now we can fix that.

Call experience legal counsel for help in getting a record expunged.

12/26/2015

You win some, you lose some. But, of course, it means a lot more to your clients, win or lose. You hope you have advised your clients correctly, letting them know of the risks as well as the possible rewards of litigating any matter.

Recently, we entered three pleas on a single morning before two different judges in the Polk County Courthouse. For two of the clients, the decision was relatively easy, they were both getting probation. For the other, who risks prison on a Class C felony (with an indeterminate term of up to 10 years), the decision was not an easy one. Finally, he took the plea, eliminating the risk of spending at least 17 years in prison if convicted of the original charge he faced.

And, in the end, I can only advise criminal clients. They have to make their own decision on whether to plea or not.

Finally, I have never been willing to have clients plea guilty when they tell me they are innocent. The innocent deserve their day in court and I intend to give it to them.

Risks and rewards are especially important when you face incarceration.

11/14/2015

The rules in the criminal courts of Iowa are so crucial and often designed to protect the defendant.

Recently, we won a case on appeal because the State violated the speedy trial rule. It requires that a criminal defendant be brought to trial within 90 days of the filing of a trial information, unless the defendant waives his right to speedy trial.

There is also a one-year rule. Even if you've waived speedy trial, the State must bring you to trial within a year.

Practicing law can feel a lot like lobbying. Negotiations are a crucial part of the process of defending a person charged with a crime. And, one's willingness to go to trial is crucial. It's the same as your ability or willingness to say no in any negotiation. If you can walk away, you are stronger in that negotiation.

Being willing to go to trial with your criminal defendant is crucial.

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Clive, IA
50325

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