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Interference with official acts may only be a simple misdemeanor, but it frequently charged, and often for conduct that does not fit the crime. Attorneys Benjamin Bergmann and Carly Scott teamed up to get justice for a client wrongfully charged with interference with official acts. At trial, the magistrate got it wrong and convicted the client for conduct that was not interference under the law.

They appealed to the district court for review, who agreed. The client’s conviction was reversed and the case dismissed!

Call us for your case, no matter how big or how small. We will fight for you every step of the way. 515-284-5737
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1 CommentComment on Facebook

Good work!

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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1 CommentComment on Facebook

Lisa Wesley .

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