Austin is a protector, and he is focused on protecting the rights of the accused. He found his passion for aggressively defending criminal defendants while in law school – where he tried his first jury trial. He also graduated near the top of his class with high honors and was a member of Drake Law Review.
Austin prides himself on diligent and aggressive representation. He meticulously scrutinizes all details of the government’s allegations. Further, he is accustomed to the courtroom, regularly arguing motions, trying cases, and taking depositions. With this approach, Austin has had several cases dismissed prior to trial and many not guilty verdicts at trial.
Austin recognizes clients come to our office in the most stressful or low parts of their lives. He provides clients with the necessary confidence and loyalty to endure what can be a long, emotional, and trying time.
While Austin’s focus is criminal defense – both trials and appeals, he is accepting general civil litigation and family law matters on a case-by-case basis.
Austin currently lives in West Des Moines where he enjoys lifting weights, frying chicken wings, and cheering on the Hawkeyes.
- Austin represented a Polk County resident on appeal. The Iowa Court of Appeals reversed the client’s prison sentence after Austin successfully argued the sentencing court relied on an impermissible factor. State v. Doss, 21-1717.
- Austin represented a Warren County resident on appeal after the client was convicted of Intimidation with a Dangerous Weapon and Going Armed with Intent. Austin’s client was sentenced to prison. The Iowa Court of Appeals reversed the convictions finding insufficient evidence to support the conviction for Intimidation with a Dangerous Weapon and reversed the conviction for Going Armed with Intent for further proceedings. Austin’s client was subsequently released from prison. On remand, Austin secured a Not Guilty verdict for his client on the Going Armed with Intent and the client remains free today. State v. Kirgan, 22-0699.
- Austin represented a Polk County resident on appeal after he was sentenced to prison. Austin successfully argued the sentencing court relied on impermissible factors when sentencing the client. On remand, the client was released from prison and placed back in the community. State v. Jimenez, 23-0800.
Trials and District Court Cases:
- Austin represented a Polk County resident who allegedly struck and choked a female until she could not breath. The charge was dismissed with prejudice before trial. State v. Bolden, SMAC396878.
- Austin represented a Polk County resident who was allegedly on camera using a stolen credit card at multiple locations. The case had gotten nowhere for several months with a different attorney. Austin came in and had the case dismissed within three weeks. State v. Brimson, AGCR345097.
- Austin represented a Polk County resident who allegedly left marks on another individual to gain possession of her car keys. Austin explained to the county attorney all parties involved have severe mental health issues, and the charge was dismissed prior to trial. State v. Coan, SRCR354196.
- Austin represented a Boone County resident who was accused of driving at speeds over 120 miles per hour while intoxicated. The State attempted to have Austin’s client placed in prison for this behavior. At sentencing, however, the court ruled in Austin’s favor, granting his client a deferred judgement despite the egregious facts. State v. Eagle Thunder Alger, OWCR115287.
- Austin represented a Wapello County resident who was charged with driving while intoxicated. During the jury trial, the officer alleged his client failed all standardized field sobriety testing and refused to provide a breath sample. On cross-examination by Austin, the State’s case crumbled, and the jury returned a not guilty verdict within five (5) minutes. State v. Gridley, OWIN032402.
- Austin represented a Polk County resident who was charged with three counts of domestic abuse assault on two separate women, harassment in the first degree, and false imprisonment. The case had been mismanaged for several months with a different attorney. Within two weeks of Austin being on the case, all charges were dismissed, and the State agreed to pursue formal charges against the women for making up the allegations. State v. Griffin, AGCR346066, AGCR345039.
- Austin represented a Polk County resident charged with harassment of a public official. The State made several pleas offers but Austin was confident he would prevail at trial. Austin proceeded to trial and the client was found not guilty. State v. Hill, SMAC389996.
- Austin represented a Boone County resident charged with Serious Injury by Vehicle by Operating While Intoxicated. Austin’s client was alleged to have been intoxicated and drove off a bridge, seriously injuring his significant other. A conviction would have required the client to be sentenced to prison. Austin filed a motion to dismiss, and the State agreed to dismiss the charge. State v. Jaeger, OWCR115332.
- Austin represented a Polk County resident who allegedly kicked, punched, and slammed an individual on the ground. All charges were dismissed prior to trial. State v. Kelly, AGCR283232.
- Austin represented a Polk County resident who was allegedly on camera stealing various items from a local convenient store. Austin proceeded to trial and the case was ultimately dismissed. State v. Kisling, SMAC392055.
- Austin represented a Boone County resident charged with child endangerment. The State quickly offered Austin a plea deal which he rejected. Austin informed the county attorney he would be filing to dismiss the charge if the State did not do it themselves. The State chose to dismiss the charge before the filing of the trial information. State v. Meeks, AGCR155372.
- Austin represented a Polk County resident charged with sexual abuse and assault with intent to commit sex abuse. Austin’s client was facing thirty years in prison. After preliminary discussions, the State offered Austin’s client an agreement to go to prison. Due to this, Austin requested depositions of the alleged victim. Before depositions began, the State insisted all plea negotiations were finished, and the prior deal was off the table. Austin was confident this would not be the case and proceeded. After questioning the alleged victim for over an hour, the State decided to end depositions, and offer Austin and his client a much more favorable plea deal. Austin’s client was cleared from all sexual abuse allegations, avoided prison, and would not be a registered sex offender. State v. Mutchler, FECR363891
- Austin represented a Polk County resident who allegedly tore off another woman’s wig and struck her in the face. The charge was dismissed prior to trial. State v. Onaimoni, SMAC396754.
- Austin represented a Polk County resident who’s previous attorney entered into a plea agreement with the State. The previous attorney ultimately withdrew before finishing the case. Austin stepped in, and the State attempted to violate the original plea agreement by requesting his client be sent to prison. Austin filed a motion to enforce the plea agreement, arguing the State cannot back out of a plea agreement simply because it made a bad deal. The Court agreed and ordered the State to abide by the plea agreement. Due to this, Austin’s client received probation, avoiding a potentially lengthy prison sentence. State v. Pacheco Belen, FECR358144; AGCR358038.
- Austin represented a Polk County resident charged with possession of a controlled substance, second offense. The Des Moines Police Department entered the client’s home without a search warrant to find the controlled substance. Austin filed a motion to suppress, arguing the entrance into his client’s home was illegal, and all evidence must be suppressed. Before the hearing, the State attempted to persuade Austin and his client into entering a generous plea offer. Austin rejected, proceeding to the hearing on the illegal entry into his client’s home. The Court agreed with Austin, finding the Des Moines Police Department committed an egregious violation of Austin’s client’s rights, and the case was dismissed. State v. Romero Espinoza, SRCR360905.
- Austin represented a Polk County resident who originally had a different attorney and agreed to an unfavorable plea deal with the State in which the client was bound to be sentenced to prison. Austin was subsequently retained and filed a motion in arrest of judgement arguing his client did not knowingly and intelligently enter the guilty pleas. The Court agreed, allowing Austin’s client to back out of the entire plea agreement. With Austin now at the negotiating table, the client secured a much more favorable deal and the client avoided prison. State v. Rosburg, FECR358788; AGCR358787; SMAC399940.
- Austin represented a Polk County resident charged with assault causing injury, assault with a dangerous weapon, and harassment in the first degree. The State alleged his client struck an individual in the face, ran after the individual with an axe, and told them he would kill them. Several offers were made, and Austin rejected every one of them. The State dismissed the charge prior to trial. State v. Rowley, SRCR349251.
- Austin represented a Polk County resident who did not appear for a status conference. The State filed a failure to appear charge against him. Due to this, the client was facing a Class D felony, punishable by up to five years in prison. Austin responded by filing a motion to dismiss based on the state not being able to prove both the mens rea and actus reusof the alleged crime. The prosecutor elected to dismiss the charge just days after Austin filed his motion to dismiss. State v. Shaw, FECR362156.
- Austin represented a Polk County resident who allegedly went into another individual’s home and struck them with a chair. The charge was dismissed prior to trial. State v. Thomas, SMAC394760.
- Austin represented a Polk County resident charged with assault causing bodily injury after striking an individual. Austin explained to the county attorney the other individual was shouting racial slurs at his client and told him to stop several times. The State elected to dismiss the charge. State v. Treadwell, SRCR346329