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Iowa Supreme Court: Defendants Cannot Be Billed for Dismissed Cases

3 months ago
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Source: Des Moines Register

TL;DR

The Iowa Supreme Court ruled 5-2 that defendants cannot be charged legal fees in dismissed criminal cases. The decision reversed a plea deal requiring a defendant to pay nearly $500 for two dismissed cases, with the court stating Iowa law only authorizes fees in cases of conviction or acquittal.

The Iowa Supreme Court ruled that defendants cannot be billed for legal fees in cases dismissed without conviction. The 5-2 decision overturned a plea agreement for Ronald Pagliai, who was ordered to pay nearly $500 in fees for two dismissed shoplifting and resisting arrest charges in Polk County. Pagliai's plea deal included sentences for two cases but dismissed two others, with the dismissal conditional on him paying legal fees. The American Civil Liberties Union (ACLU) of Iowa supported his appeal, arguing such billing violates state statutes. The majority ruling, authored by Justice Christopher McDonald, confirmed Iowa law does not permit courts to charge fees in dismissed cases: 'Where, as here, no statute authorizes a district court to assess costs in a dismissed criminal case, the dismissal order is beyond the court's authority and invalid.' The decision reversed Pagliai's convictions and sentences, leaving prosecutors to reconsider similar plea deals. The ruling opens avenues for others to challenge such agreements but carries risks for defendants who may lose favorable terms. ACLU attorney Alex Kornya criticized the state as an outlier for formerly charging defendants for their own defense costs in dismissed cases. He highlighted a 2% collection rate for such fees, arguing they disproportionately affect indigent defendants. Prosecutors claimed victims often seek financial accountability even in dismissed cases, but Kornya countered that restitution in dismissed cases offers little closure. The decision provides 'some much needed clarity and hope for the future,' according to Kornya.

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