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Iowa court: Poor defendants get counsel in misdemeanor cases

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April 3rd, 2015 by Ric Hanson

IOWA CITY, Iowa (AP) – The Iowa Supreme Court says poor defendants have a right to legal representation in simple misdemeanor cases that carry possible jail time. State Appellate Defender Mark Smith says Friday’s ruling will affect people charged with offenses such as shoplifting and public intoxication. He says it’s particularly important for crimes in which potential punishments are enhanced for subsequent offenses.

The decision will not affect the majority of simple misdemeanors, such as traffic violations, because they don’t carry jail time. The ruling dismisses a theft conviction against Archaletta Young in Polk County. Prosecutors used a penalty enhancement to charge her with an aggravated misdemeanor for shoplifting after two previous convictions.

The court says Young didn’t have a lawyer in one of the prior cases, and therefore it can’t be used against her.