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Attorney Daniel RothmanDaniel J. Rothman

Daniel J. Rothman has been practicing criminal law since his admission to the bar in 2002. He is a former prosecutor of 7 years having worked in the Story County Attorney’s office and as the senior member of the OWI Division of the Polk County Attorney’s Office until March of 2009. During his time as an OWI prosecutor, Mr. Rothman was an instructor for the Prosecutors Training Council’s Annual Officer’s training school on OWI law and a presenter for the Central Iowa Traffic Safety Task Force annual training regarding OWI law. He also is a graduate of the Trial Advocacy program at the National District Attorney’s Association’s National Advocacy Center at the University of South Carolina.  Mr. Rothman was invited to teach other lawyers in Des Moines how to handle OWI cases in 2011 by the Law Review CLE Group. Mr. Rothman has also successfully litigated OWI cases in front of the Iowa Supreme Court.  Mr. Rothman represents clients against OWI charges in Des Moines and throughout Iowa. He received his law Degree and his Bachelor of Arts in Rhetoric from Drake University. Daniel also proudly serves his community as a board member for the Ronald McDonald House Charities of Central Iowa.

 

William Brewer

Attorney William BrewerWilliam Brewer has practiced criminal law since his admission to the state bar in 1982. Mr. Brewer is admitted to the Bar in Iowa, both the Federal Iowa Districts, the Eighth Circuit Federal Appellate Court and in the State of Illinois. Mr. Brewer maintains memberships in the Polk County Bar Association, the Iowa Bar Association, as well as the American Bar Association. He is also a member of the Iowa Association of Criminal Defense Lawyers, the Iowa Association for Justice and the American Association for Justice formerly known as the American Trial Lawyer’s Association. Mr. Brewer served as a prosecutor in Des Moines County Iowa from 1983 to 1985.

 

Attorney Frank StenbachFrank Steinbach III

Frank Steinbach III has been in the practice of law for over 20 years. He is licensed in all jurisdictions in Iowa, including the Iowa Court of Appeals and the Iowa Supreme Court. He has handled numerous OWI cases both in criminal court and in the civil proceedings before the Iowa Department of Transportation. He is licensed to practice in the Federal Courts of the Southern District of Iowa, the 8th Circuit Court of Appeals and the United States Supreme Court. He is a member of the Polk County, Dallas County and Iowa State Bar Associations. He is on the Criminal Justice Act (CJA) panel of attorneys for the Southern District and 8th Circuit Court of Appeals and the Iowa Association of Criminal Defense Lawyers.

 

Nicholas A. Carda

Nicholas A. CardaNicholas A. Carda has represented clients in a wide array of civil, criminal and administrative law since 2010. Nick is a general practice attorney that focuses on the areas of OWI’s, Criminal Defense, Landlord-Tenant Disputes, Civil Litigation and Personal Injury.  He has successfully tried both civil and criminal jury trials and has appealed several civil and criminal matters.  The Court of Appeals found his arguments to be persuasive and held that nearly $400,000 should be returned to an estate by the son of the deceased who Nick argued had exerted undue influence on his mother during her lifetime.   He has also fought for his clients’ rights at the trial court level and on appeal regarding such areas as 4th Amendment search and seizure law and the measure of damages regarding inverse condemnation claims against governmental entities. 

 

 

Representative OWI Cases

State of Iowa vs Walker 804 N.W.2d 284 (Iowa 2011) The Iowa Supreme Court grants a unanimous decision for our client in State v. Walker, regarding a case of 1st impression in Iowa for interpretation of the usage of Iowa Code 804.20 and the right to counsel.  The Court held that a person’s right to an confer with an attorney under Iowa Code Section 804.20 is violated if they are not alone and in private, away from electronic monitoring.  The Court further held that place the attorney on the other side of a glass partition was not permissible as no separation should be allowed unless the state can prove a security risk. The oral arguments before the Supreme Court, by our attorney Daniel Rothman, were videotaped and can be viewed at the Supreme Court web site. The full ruling can be read at this link.

 

Recent News

3-4-2020: After a 2 year struggle, the Iowa Court of appeals granted a unanimous decision for our OWI client, regarding when an officer must inform an arrested person of their Iowa Code Section 804.20 communication rights. The Court of Appeals held that even a vague request for communication must prompt an officer to explain communication rights and offer calls or other options. The Court of Appeals further held that as a result of this violation the trial court judge’s ruling must be overturned and that judge must now exclude the breath test and all incriminating evidence obtained after the violation of our client’s rights.

 

03-02-20: Daniel Rothman’s client took a deal for a public intoxication charge, that can be expunged off his record and will not effect his DOT record. Although he tested above the legal limit the jury refused to convict and after a mistrial was ordered by the judge, the State decided not to try the case again.

 

02-24-20: A Polk county prosecutor decided to offer a reduction to public intoxication, from the OWI charge, as they did not think they would win at trial. Although the client had a great chance to win the trial they decided to take the deal as they needed to move out of state for work.

 

1-10-20: Daniel Rothman argued that his client’s Iowa Code Section 804.20 rights were violated by denying him communications to his wife. The Dallas county judge that heard the matter, agreed. As a result the client’s .318 test result is deemed inadmissible at trial and the DOT must also restore the Defendant’s driving privileges. The State dismissed all charges.

 

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