Austin is a protector, and his practice 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 before the Court arguing motions or trying cases. With this approach, Austin has had several cases dismissed prior to trial and many not guilty verdicts at trial.
Austin recognizes client’s 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 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 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 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. Again, 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 offered 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 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 agree to go to prison. Austin requested depositions of the alleged victim. Before depositions begun, 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’s entered into a plea agreement with the State. The previous attorneys 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 violations 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. The client subsequently retained Austin, who filed a motion in arrest of judgement to get his client out of the plea offer. Austin argued the client did not knowingly and intelligently enter his guilty plea, and 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. 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 plea 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 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 reus of 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 to stop several times. The State elected to dismiss the charge. State v. Treadwell, SRCR346329