Peace Officer

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Peace Officer

I live in Iowa and have been charged with domestic assault causing bodily injury and false imprisionment. the investigation and complaint was done by a small town cop who hadn’t been through the state police acadamey or doesn’t meat he minium requirements for peace officer in the state code. Is this legite? Will this hold up in court?

Asked on May 27, 2009 under Criminal Law, Iowa

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to have a good lawyer defend you, because these are serious charges.  Your trial strategy, including whether or not to make an issue of the cop's training or lack of it, is something that your lawyer will determine after learning all of the facts of your case.  One place to find qualified counsel is our website, http://attorneypages.com

I'd be slightly surprised to find that the police officer's complaint could be dismissed on the grounds of his training and qualifications, or lack of them, by itself.  On the other hand, the cop will probably be a witness at the trial, when his credentials -- and anything he did that didn't match up with what they teach at the police academy -- can be used by your lawyer in cross-examining him.


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