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UPDATE - Phones are up and working. Please call us on Monday!

ACTUALIZACION - Los telefonos ya funcionan. Por favor llamenos el lunes.

Our phones are currently not working. If you need urgent assistance, please send us a message here or email your attorney or staff directly. We are sorry for the inconvenience and will get the phones back up working ASAP. Thank you for your understanding.

Nuestros teléfonos no funcionan en este momento. Si necesita ayuda urgente, envíenos un mensaje aquí o envíe un correo electrónico a su abogado o asistente directamente. Lamentamos el inconveniente y haremos que los teléfonos vuelvan a funcionar lo antes posible. Gracias por su comprensión.
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Al Smith and Benjamin D. Bergmann won a case in the 8th Circuit today. The court ruled that the client’s state conviction for “knowingly purchas[ing] or possess[ing] a visual depiction of a minor engaging in a prohibited sexual act or the simulation of a prohibited sexual act” under Iowa Code § 728.12(3) was broader than the generic federal offense for the aggravated felony “sexual abuse of a minor” under 8 U.S.C. § 1101(a)(43)(A). The court ruled that the while the statute might encompass production of child pornography, it does not encompass mere possession, and that some sort of act beyond possession is required to fit under 8 U.S.C. § 1101(a)(43)(A) 8 U.S.C. § 1101(a)(43)(I) already covers child pornography offenses. In addition, the offense was not a crime involving moral turpitude because it only requires the defendant to have known that he possessed an image, not that the image depicted a minor. As a result of the decision, the finding that the client was removable has been reversed and the case has been remanded to the Board of Immigration Appeals.

This case was incredibly difficult and required Ben and Al's many years of experience litigating difficult immigration cases. Please call us at 515-284-5737 so we can help you with your case.
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Attorneys Ben Bergmann and Lauren Young recently represented a client facing up to 50 years on Class B felony charges, a special life sentence, and mandatory registration as a sex offender. After reviewing the evidence and interviewing witnesses, Ben and Lauren convinced the prosecutors to reduce the charges to misdemeanors and to agree that the offenses were not sexually motivated. Ben and Lauren's hard work not only got the client released with time served but kept the client from being wrongfully branded a sex offender for the rest of their life.

Call (515) 284-5737 to speak to our team of experienced attorneys about your criminal case, whether big or small.
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1 CommentComment on Facebook

Great work! 😁

Ben Bergmann and Jess Donels just closed out a criminal case in Wapello County. Ben and Jess were able to piece together cellphone data to cast serious doubt on the complaining witness’ story. After depositions, the investigating officer admitted we changed his view of the case. The prosecutor agreed, and the class C felony was reduced to a simple misdemeanor. Our client will pay a small fine and move on with his life!

Call us about your important case - 515-284-5737
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Lisa Wesley .

Ben Stone’s client faced up to seven years in prison under allegations of an attempted department store burglary and a third weed possession. After reviewing lots of video, Stone ultimately reached an agreement with the prosecutor that the client could have the two-year weed charge dismissed if he pled to the attempted felony burglary charge. The deal included that Stone could seek a deferred judgment on behalf of his client to avoid him becoming a felon for the rest of his life. At the contested sentencing, Stone and his client prevailed in convincing the judge a deferred judgment was fair and just. His client is therefore not a felon, and will never be if he is successful on probation. Call Mr. Stone at 515-284-5737. ... See MoreSee Less

Ben Stone represented a woman facing 35 years on Class B & C felony charges. She was alleged to have received a significant amount of money from an elderly man by fraudulent means. After analyzing the state’s evidence, Stone was ready to prepare for trial, but his client was willing to return all the funds if the charges could be reduced. While he was successful in convincing the prosecutor to let her plead to a Class D felony in exchange for full restitution, Stone was unable to convince the state to agree to a deferred judgment. At a contested sentencing hearing, his client received the deferred judgment anyway. Stone can be reached at 515-284-5737. ... See MoreSee Less

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