Fort Dodge Man Found Guilty of Driving While License Was Denied or Revoked

E-FILED 2014 FEB 13 3:52 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,
Plaintiff,

vs.

LUCAS ALAN RICHARDSON ,
Defendant.

Case No: 02811 SRCR012504

INITIAL APPEARANCE

Charges:
01 - 321J.21 - DRIVING WHILE LICENSE DENIED OR REVOKED (SRMS)

The Defendant herein appears before the undersigned Magistrate in and for Sac County, having
been charged with the crime(s) indicated above.

The Court advises the Defendant as follows:

1. That he/she has the right to remain silent. That any statement made by the Defendant can
and would be used against him/her in a Court of Law. That he/she has the right to have an attorney
present at all stages of the proceeding and , if the Defendant is unable to afford counsel, that, upon
proper application, one would be appointed for them.

2. That he/she is charged with a violation(s) as stated above and classified as:
Felony - Class
Aggravated Misdemeanor
Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is:
One Year County Jail
Years Prison
And/Or $fine of not less than 315 nor greater than 1875 plus 35% surcharge and court
costs

4. That to obtain the services of an attorney at the expense of the State of Iowa, application for
Court-Appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this
Court.
1 of 3

5. (a) You will be released from custody prior to trial on your own promise to appear at all
further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty
of a Class D felony/serous misdemeanor; or
(b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not
reasonably assured that you will appear at all court proceedings in the future and therefore the Court
imposes the following conditions on your release:
You must not drive while your license is revoked.

6. Defendant is entitled to preliminary hearing unless waived, which hearing is held to determine
whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior
to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial
Information may be filed by the County Attorney of this county.

7. The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing
is:
Waived
Preliminary Hearing is scheduled on 03/10/2014 at 9:30 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at
712-662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS
OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10
DAYS FROM THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED THEMSELVES
WITHIN 10 DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS
ORDERED AT HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND
FINGERPRINTED.

If you need assistance to participate in court due to a disability, call the disability coordinator at (641)
421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disability coordinators cannot provide legal advice.

Copies to:
County Attorney
The Court has provided a copy to the Defendant
Defendant
Sac County Sheriff
2 of 3
State of Iowa Courts
Case Number Case Title
SRCR012504 STATE VS LUCAS ALAN RICHARDSON
Type: HEARING FOR INITIAL APPEARANCE
So Ordered
Electronically signed on 2014-02-17 09:08:07
3 of 3
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
_______________________________________________________________________

STATE OF IOWA, ) No. SRCR012504

Plaintiff, )

Vs. ) APPEARANCE

LUKE RICHARDSON, )

Defendant. )

________________________________________________________________________

COMES NOW, Derek J ohnson, and hereby enters his appearance for the above-
named Defendant.

/s/ Derek J ohnson
Derek J ohnson AT0003858
J OHNSON & BONZER, PLC.
809 Central Avenue - Suite 350
Fort Dodge, IA 50501
Telephone: 515-955-2193
derek@johnson-bonzer.com
jessica@johnson-bonzer.com

E-FILED 2014 FEB 26 2:24 PM SAC - CLERK OF DISTRICT COURT
1
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. SRCR012504
Plaintiff,
vs. TRIAL INFORMATION
LUCAS ALAN RICHARDSON,
DOB: 01/28/1978
Defendant.
COUNT I
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in
the name and by the authority of the State of Iowa, accuses Defendant, Lucas Alan Richardson
of the crime of DRIVING WHILE LICENSE WAS DENIED OR REVOKED UNDER CHAPTER
321J, a Serious Misdemeanor in violation of Iowa Code Section 321J.21 committed as follows:
The said Defendant, Lucas Alan Richardson, on or about February 13, 2014, in the
County of Sac and State of Iowa, did unlawfully and willfully drive a motor vehicle while his
motor vehicle license was denied or revoked under Iowa Code Chapter 321J.
A TRUE INFORMATION
/s/Benjamin John Smith
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
Email: attorney@saccounty.org
E-FILED 2014 MAR 07 8:45 AM SAC - CLERK OF DISTRICT COURT
2
THE STATE OF IOWA vs. LUCAS ALAN RICHARDSON----------------- WITNESS LIST
Criminal No. SRCR012504
COUNT: Driving While License was Denied or Revoked Under Chapter 321J
NAMES OF WITNESSES:
TORY CUDABACK, DEPUTY, SAC COUNTY SHERIFF'S DEPARTMENT
KIM SNOOK, DIRECTOR, OFFICE OF DRIVER SERVICES, IOWA DEPARTMENT OF
TRANSPORTATION
Type: Approval of Trial Information
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2014-03-07 08:46:01 page 3 of 3
Notice Id: D2TIAR

IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs


Defendant.


ORDER APPROVING TRIAL INFORMATION,
SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been
examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a
conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is
scheduled on 03/19/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
Defendant shall personally appear for Arraignment, unless a written arraignment is filed prior to such
hearing.

In lieu of personal appearance, Defendant's attorney is encouraged to file a written arraignment
under Iowa Rule of Criminal Procedure 2.37 - Form 6, prior to time set for hearing on Arraignment.
Failure to file a written arraignment and/or failure to appear at the time set may result in a rule to show
cause or the issuance of a warrant for arrest.

IT IS FURTHER ORDERED, the bond and release conditions previously set in this matter shall
remain in effect and the defendant shall obey all Federal, State and Local Laws.

Clerk to provide notice or copies to:
County Attorney
Defendant/Defense Attorney
Type: ORDER FOR ARRAIGNMENT
So Ordered
03/12/2014 07:53 FAX 15155733881
WEBSTER CO DISTRICT CRT
IN THE lOW A DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, )
)
)
)
)
Case No. SRCR012504
Plaintiff, :
vs.
WRITTEN ARRAIGNMENT AND
PLEA OF NOT GUILTY
Defendant.
COMES NOW the above-named Defendant in the above-captioned criminal case and
under oath states:
1. I am represented by an attorney, The name and address of my attorney is Derek J olmson,
809 Central,, Suite 350, Fort Dodge, Iowa 50501,
2. My current mailing and residence addresses 416 North 18th Street, Fort Dodge, IA 50501
and my current telephone number is '101 .. 291 3.301
3. I am 36 years old, I can read and understand the English language and have completed the
following level of education: \2 bh .
4. I understand: that I have a. right to arraignment in open court, and I hereby voluntarily
waive that right, choosing instead to sign this written arraignment and plea of not guilty.
I understand that times for further proceedings which are computed from the date of
be computed from the date of filing this written arraignment and plea of
not guilty. . '
5. I have received a copy of the indictment/trial info1111ation charges me with the
crimes of: COUNT I: DRIVING WHILE LICENSE WAS DENIED OR REVOKED. I
have read it, .and I have familiarized myself with its contents.
i,,
6. With to the name by which I am charged in the indictment/trial information:
(check "a" or check and complete "b",)
(X) l a. The name shown on the indictment/trial information is my true name,
r have been advised and that I am now precluded from objecting
the indictment/trial infonnation upon the ground I am improperly named.

( ) ' b. The name shown on the indictment/trial information is not my true
.name. My true name is . I request
that an entry be made in the minutes showing my true name. I have been
and understand further proceedings will be had against me by that
1
name, the indictment/trial information is so amended I will be precluded
from objecting upon the ground I am improperly named.
' '1
001/002
03/12/2014 07:53 FAX 15155733881
,II

WEBSTER CO DISTRICT CRT
141002/002
7. I have beer( advised and understand that I may plead guilty, not guilty, or former
conviction dr acquittal.
'II
..,
I
8. For the purpf!se of this arraignment, I have had sufficient time to discuss my case with the
above-named attorney, and I waive any further time in which to enter a plea.

9. I plead NOT!GUIL TY to the charges of COUNT I: DRIVING 'WHILE LICENSE WAS
I
DEN1ED OR REVOKED. ,
'
,,
i
10, I have been and understand that I have a right under Rule 2.33(2)(b) of the Iowa
Rules of Ct4ninal Procedure to a trial within ninety days after indictment/filing of the trial
information and: (check either "a" or "b
1
')
f
a. I demand a speedy trial pursuant to Rule 2.33(2)(b),
b. I waive my right to a speedy trial pursuant to Rule 2.33(2)(b),
11. i request that a trial date be promptly set pursuant to Rule 2.9(1) of the Iowa Ru1es of

f

STATE OF IOW .ti'

ss
COUNTY OF
'j
Subscribed sworn to and acknowledge before me by Lucas Richardson this
day of '1"C'J...J:i.!\. , 2014.
Original Filed
"'
,,
.,
,.
!,
I,
)
',
.,.
i
)
f.
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.


Defendant.


RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on March 12, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 05/07/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 05/13/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.

1 of 3
E-FILED 2014 MAR 12 1:11 PM SAC - CLERK OF DISTRICT COURT
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:
County Attorney, Defense Attorney or Defendant
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
STATE OF IOWA,
Plaintiff,
v.
Defendant.
Case No. SRCR012504
REPORT OF PRETRIAL
CONFERENCE
THE UNDERSIGNED REPRESENTS THE FOLLOWING TO THE COURT:
On May 6, 2014, the parties conducted a Pretrial Conference as ordered or in
anticipation of the same. The State was / is represented by Sac County Attorney
Ben Smith, and that defendant was / is represented by Attorney Derek Johnson
The parties, through the undersigned, represent the following to the Court:
A plea agreement has been reached the terms of which are as follows: The
defendant will plead guilty, pay the minimum fine and all other applicable costs
and fees, serve a 90-day jail sentence with the sentence suspended and with
defendant placed on informal probation; and the State will recommend all the
above.
Defendant intends to submit a written guilty plea by May 21, 2014.
Defendant intends to waive presence at sentencing.
Defendant intends to waive time between plea and sentencing.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
E-FILED 2014 MAY 06 7:41 PM SAC - CLERK OF DISTRICT COURT

STATE OF IOWA,

Plaintiff,

vs.


Defendant.

02811 SRCR012504

ORDER

The Court is informed by counsel that the Defendant wishes to submit a Written Plea of Guilty in
this cause.

IT IS, THEREFORE ORDERED that the Defendant shall either submit a Written Plea of Guilty to the
Court or personally appear for further proceedings, a Plea Hearing is scheduled on 05/21/2014 at
9:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.

Failure to submit the plea or appear in Court at the scheduled time may result in a warrant of arrest
being issued.

1 of 2
E-FILED 2014 MAY 07 9:06 AM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
2 of 2
IN THE lOW A DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
No. SRCR012504
GUILTY PLEA
Defendant.
COUNT I
I, the undersigned Defendant, have carefully read and fully understand the
following:
A. I am charged with DRIVING WHILE LICENSE WAS DENIED OR REVOKED
UNDER CHPATER 321J, a Serious Misdemeanor, in violation of Iowa Code,
Section 3211.21, and I hereby request that my plea of guilty to the charge be entered
of record.
B. The maximum punishment for a Serious Misdemeanor is imprisonment of not more
than one year in jail, and a fine of not more than $1,000.00 plus statutory surcharges,
plus all court costs and all costs and fees incurred for legal assistance. There is a
minimum fine of $1000.00, plus a 35% surcharge in the amount of $350.00, and the
$10.00 DARE surcharge, which is immediately due on the date of sentencing unless a
payment plan has been approved by the court within thirty days of the judgment entry.
In addition, if the charge is a violation oflowa Code Chapters, 124, 155A, 453B, 713,
714, 715A, 716, or Iowa Code Sections, 719.8, 725.1, 725.2 or 725.3, there is an
additional Law Enforcement Initiative surcharge of $125. I acknowledge that, the
Court may order me to perform community service work, if the Court is of the opinion
that community service work will deter and discourage others from similar criminal
activity. (The rate at which community service shall be calculated against my fine shall
be the federal minimum wage.) In addition, I may be required to pay correctional fees
for incarceration and enrollment fees for probation. I am aware that, sentencing
options may include deferral of Judgment and Sentence, the grant of probation and the
suspension of the sentence imposed.
C. I understand that, a criminal conviction, deferred judgment, or deferred sentence may
affect my status under federal immigration laws.
D. Ifl plead not guilty, I would be entitled to the following rights. I give up these rights
by pleading guilty:
( 1 ). The right to a speedy and public trial by a jury of twelve people.
(2). The right to have an attorney represent me at trial and, if the Court found I was
unable to afford an attorney, the Court would, at public expense, appoint an attorney
to represent me.
(3). At trial, I would be presumed innocent until such time, if ever, the State
established my guilt beyond a reasonable doubt.
( 4 ). At t r i ~ a jury verdict of guilty would have to be unanimous.
1
(5). At trial, I would have the privilege against self-incrimination, that is, I cannot be
forced to testify, and if I choose not to testify, the State may not comment on the fact
of my failure to testify and, at my request, I would be entitled to a jury instruction
stating that the jury could not infer guilt from my failure to testify.
( 6). At trial, the State would have to confront me with witnesses upon whose
testimony it relied to obtain conviction, and I would have the right to cross examine
those witnesses.
(7). At trial, I would be entitled to present witnesses to testify on my behalf and to
compulsory process to secure those witnesses.
E. By pleading guilty, there will not be a trial of any kind. By pleading guilty, I waive my
right to trial, and will be treated as if I had been tried and found guilty by a jury.
F. The Court, in determining whether there is a factual basis for this plea of guilty, may
make such a determination by examining the Minutes of Testimony attached to the
Trial Information, by reviewing the investigative reports of law enforcement agents
who have investigated the offense, or by asking me or counsel to recite and summarize
the material facts that would be offered at trial.
The Court has the discretion to accept or reject any plea agreement made between
the State and mysel The plea agreement is: I will plead guilty to Driving While
License was Denied or Revoked under Chapter 321J. The County Attorney will
recommend that I be sentenced to serve 90 days in the Sac County Jail with credit for
time served; all of which will be suspended. I will be placed on probation for one- (1)
year from the Judgment entry date to the Sac County Probation Officer. I will pay the
minimum fine of $1000. plus a 35% surcharge in the amount of $350. the $10.00
DARE surcharge, and court costs; to be paid as set out in the probation agreement. I
understand that the Iowa Department of Transportation will revoke my driving
privileges for the required statutory period.
This plea agreement includes that I will be responsible to pay court costs, payment
of all costs and fees incurred for legal assistance, victim restitution, correction Gail) fee
for any jail time and all surcharges and mandatory punishments (see paragraph B)
applicable to my case.
I now state to the Court that I am, in fact GUILTY and that no threats or promises
have been made to induce me to enter my plea of guilty. I have been informed that the
elements of the crime are: Operate a motor vehicle on a public roadway while
driving privileges are revoked for Operating While Intoxicated.
I understand the nature of the charge against me.
This offense was committed by me in Sac County, Iowa, by my doing the
following: I did on or about Februarv 13, 2014 operate a motor vehicle on a public
roadway in Sac County Iowa while my driving privilege was revoked for OWl test
failure I refusal.
I hereby state that I submit this written plea of guilty with full knowledge and
waiver of my rights and I do so freely and voluntarily. No threats have been made against
me to obtain this guilty plea. No promises of leniency or favorable treatment have been
made, except for any plea bargain disclosed to the Court at the time of this guilty plea.
2
G. If the Court accepts my plea of guilty, I realize:
(1). The Court will set a sentencing date not less than fifteen days after the date of its
acceptance of this guilty plea unless I waive this right. In order to contest this plea of
guilty, I must file a Motion in Arrest of Judgment at least five days prior to sentencing.
The right to file a Motion in Arrest of Judgment will be waived by having the Court
impose a sentence today.
(2). If the Court imposes a sentence today, I will never be able to challenge this plea
of guilty, and I will be giving up my right to directly appeal my guilty plea.
I ask the Court to accept this plea of guilty. I waive the preceding rights and my right
to have the Court address me personally.
WAIVER OF MOTION IN ARREST OF JUDGMENT
If the Court accepts my plea of guilty, I wish to be sentenced now. I understand that:
1. In order to contest this plea of guilty, I must file a Motion in Arrest of Judgment
no later than 45 days after a plea of guilty and no later than 5 days prior to
pronouncement of judgment, and that the Court will set a sentencing date not less
than fifteen days after the date of its acceptance of this guilty plea unless I waive
this right, and the right to file a Motion in Arrest of Judgment will be waived by
having the Court impose a sentence now.
2. By having the Court impose my sentence now, I will never be able to challenge this
plea of guilty and I will be giving up my right to directly appeal my guilty plea.
I hereby request the Court sentence me now and I waive any time to which I may be
entitled for sentencing at a later date.
WAIVER OF RIGHT TO BE PRESENT
I have been fully advised that I have a constitutional right to be present at my
sentencing and present evidence in my own behalf. I understand that it is my choice to be
present or not, and that no one can exclude me from sentencing.
With the above in mind, and further understanding that my decision whether to be
present or not is my decision, I hereby knowingly and w. ive the right to
be present at my sentencmg. _!.. f ' /
fend nt, L
I
Defendant's Attorney, Derek Johnson
STATE OF IOWA )
) ss
SACCOUNTY )
On this t1Jd1 day of , 2 4 before me the undersigned, a Notary Public in and
for said State, personally appeared ' ' , to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged that he
executed the same of his voluntary act and deed.
Notary Public in and for the State of Iowa
3
THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, )
) CRIM. NO. SRCR-125-4
Plainti, )
) !UD"MENT ENTRY
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Any bond money previously posted is released and exonerated.

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Type: OTHER ORDER
So Ordered
E-FILED 2014 MAY 21 2:38 PM SAC - CLERK OF DISTRICT COURT

Fort Dodge Man Found Guilty of Driving While License Was Denied or Revoked

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E-FILED 2014 FEB 13 3:52 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 13 11:23 AM SAC - CLERK OF DISTRICT COURT

the indictment/trial infonnation upon the ground I am improperly named.

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