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Iowa Supreme Court Rules Defendants Cannot Be Billed for Dismissed Cases

3 months ago
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Source: Des Moines Register

TL;DR

In a 5-2 decision, Iowa's highest court invalidated the practice of billing defendants for legal fees in cases that were dismissed, affirming the presumption of innocence.

The Iowa Supreme Court ruled that a Polk County man was improperly billed hundreds of dollars for his state-funded legal defense in two cases for which he was not convicted. Ronald Pagliai was charged with repeated shoplifting and resisting arrest in four separate cases. He pleaded to two theft charges while the remaining cases were dismissed, but his plea deal required him to pay nearly $500 in legal fees from the two dismissed cases. In his appeal, supported by amicus filings by the ACLU of Iowa, Pagliai argued that billing defendants for dismissed cases violates Iowa's statutes. In a 5-2 decision, the Supreme Court invalidated the practice under Iowa law. '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,' Justice Christopher McDonald wrote for the majority. The ruling reversed Pagliai's plea deal, including convictions and sentences, allowing prosecutors to decide whether to offer revised agreements. This decision opens the door for others to challenge similar deals. Attorney Alex Kornya, who worked with the ACLU, called the practice 'fundamentally unfair,' noting Iowa is among few states allowing such fees. 'Everyone is innocent until proven guilty,' he said.

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