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Katherine Sears

Katherine Sears

Clark & Sears Law, PLLC
  • Criminal Law, DUI & DWI
  • Iowa
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Drake University Law School
J.D. (2017) | Law
Honors: Iowa Supreme Court Scholarship, Criminal Law certificate
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Professional Experience
Clark & Sears Law, PLLC
- Current
Student Attorney
Drake University Legal Clinic
Iowa State Supreme Court Scholarship
Drake University Law School
Professional Associations
American Bar Association
- Current
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National Association of Criminal Defense Lawyers
- Current
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The Iowa State Bar Association  # 33803040
- Current
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Jurisdictions Admitted to Practice
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  • Free Consultation
  • Credit Cards Accepted
Practice Areas
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
    DUI & DWI
  • English: Spoken, Written
Legal Answers
Q. Is it ok for a court appointed attorney to Bill you for trial research and then 2 days before trial urge you to plea
A: Of course. Your indigency has nothing to do with whether your court-appointed lawyer will bill for their time. Court-appointed lawyers are not working pro bono. They bill for and expect to be paid for their time. Your attorney is professionally responsible for doing case research and making sure they understand the *current* state of the law and of any plausible defenses you may have. If what your lawyer finds out through his or her research is that you are likely to have an adverse outcome at trial, they will tell you that so that you can decide whether you want to enter a plea or exercise your right to trial. Doing research for trial was a good, responsible thing for your lawyer to do, even if it ultimately became apparent that trial was not in your best interests. At the end of your case, you can fill out another financial affidavit and a request for a judicial determination of your reasonable ability to pay Category B restitution (including attorney fees.) Because determination of your ability to pay is still a stage of the prosecution at which you are entitled to the assistance of counsel, your appointed attorney will be able to explain this process to you and help you make sure the request is timely filed. The judge must look at that affidavit and request and decide whether it appears that you're unable to pay for some or all the Category B restitution charges (including attorney fees.) If you think the judge's decision is incorrect, you can appeal it. If the judge finds at the end of your case that you are not reasonably able to pay your attorney fees, the attorney will still get paid by the government -- you won't be responsible for it.
Q. I was charged with domestic abuse assault- first offense in Iowa
A: I mean. You can request it. If you were convicted of domestic abuse assault against him/her, your chances of *having* it dropped aren't super-great (unless that's also what s/he wants), but you're absolutely free to request it.
Q. if a female single parent is charged with assault is this a justifiable reason to place children in forced foster care
A: I'm sorry, you might want to ask an attorney who handles family law/custody matters. They're likely to be more familiar with DHS and whatnot. "When to place children in foster care" is not in the criminal section of the Iowa Code.
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Websites & Blogs
Clark and Sears Website
Contact & Map
317 6th Ave
Ste 1200
Des Moines, IA 50309
Cell: (515) 491-6128
Fax: (844) 466-9366
PO Box 974
Ankeny, IA 50023
Telephone: (515) 491-6128