Roeder Law Firm

  Delaware County Courthouse

Legal Updates:


Election Fraud:

Recently, a politician urged voters to vote by mail and then attempt to vote again on election day, to test the system by voting in person. Doing so intentionally would be a crime. Do not attempt to vote twice. Election fraud under Iowa Code section 39A.2(b)(3), is a class "D" felony in Iowa, carrying with it an indeterminate prison sentence of five-years, a fine of $750 to $7,500, plus criminal surcharge of 15% on the fine, plus $100 court costs.


If you attempt to defeat the voting system set in place by the State of Iowa and Delaware County, it is likely you would leave markers, and that these markers could be caught by the County Auditor and result in a class "D" felony charge under the foregoing criminal code section, and perhaps other charges.

 

 

Text Messaging: 

Lately, I have seen law enforcement seek and obtain search warrants for text messages that would otherwise be protected private electronic communications. A search warrant will only issue if there is reasonable suspicion to believe someone is involved in criminal activity and that that person's text messaging would contain evidence of criminal activity. If someone is suspected of criminal activity, or has been arrested and is on pretrial release, I have seen instances where search warrants for his or her text messages were obtained for a future period. These search warrants may request 90-days of text messages, and you will not know that such a warrant was issued until the return on the search warrant is filed after the warrant ends.


My messages to you here are: First, do not be involved in criminal activity. Second, if you are involved in criminal activity, do not use your telephone to conduct such activity. Third, if somehow you are arrested, and are on pretrial release, do not send messages that in any manner could be construed to implicate yourself in criminal activity.