Des Moines Drug Possession Lawyers
Even though Iowa ranks 47th in the nation for overall illegal drug use, the official laws on the books for Iowa still consider the possession of a controlled substance a punishable crime.
Any person with the slightest number of illegal substances in their possession can be arrested and charged. Based on the amount and type of drug found, the potential penalties for this offense can range from misdemeanors to felonies.
Iowa ranks as one of the top 20 states with the harshest penalties for drug possession, based on jail time and fines collected for punishment.
Our attorneys at Lombardi & Miler Law Firm PLLC are known by both peers and clients for their aggressive representation and defense of our clients’ rights in court against illegal drug possession charges. They work hard on our clients’ behalf to build solid defense strategies for drug charges related to possession, distribution, manufacturing and more.
How Does Iowa Law Handle Drug Possession?
Under Iowa law, possession of a controlled substance is a violation of Iowa Code Section 124.401(5).
To be convicted of possession, the state must prove that the defendant did all of the following:
- Had dominion or control of the substance
- Had knowledge of its presence
- Knew that it was a controlled substance
The state can prove possession by proving that you actually possessed it (such as having it on your person) or that you constructively possessed it (such as having it in your glove box). Possession can be sole or joint.
What Are The Penalties For Drug Possession In Iowa?
The penalties for possession of controlled substances in Iowa (except marijuana) include:
- First offense: A conviction for possession of a controlled substance first offense is a serious misdemeanor. The punishment includes up to one year in the county jail and a fine of between $430 (+$64.50 surcharge) and $2,560 (+$384 surcharge).
- Second offense: If it is a second offense, then it is considered an aggravated misdemeanor. The penalties include up to two years imprisonment and a fine of between $855 (+$128.25 surcharge) and $8,540 (+$1,281 surcharge).
- Third offense: For a third offense, it is classified as a Class D felony. The consequences involve up to five years imprisonment and a fine of between $1,025 (+$153.75 surcharge) and $10,245 (+$1,536.75 surcharge).
While the legislature has carved out an exception for the possession of marijuana, the penalties for repeat offenses remain severe:
- First offense: Possession of marijuana as a first offense is considered a hybrid serious misdemeanor. It carries a punishment of up to six months in the county jail and/or a fine of up to $1,000 (+$150 surcharge).
- Second offense: If it is a second offense, then possession of marijuana is classified as a serious misdemeanor. The penalties include up to one year in the county jail and a fine of between $430 (+$64.50 surcharge) and $2,560 (+$384 surcharge).
- Third offense: A third offense for possession of marijuana is an aggravated misdemeanor. It carries a penalty of up to two years imprisonment and a fine of between $855 (+$128.25 surcharge) and $8,540 (+$1,281 surcharge).
Denying Allegations Of Drug Possession
If you have been accused of drug possession, then it may seem like you are backed into a corner and that you’re dealing with an open-and-shut case. Through a search, the police might find the drug on a person’s body or in their car, and all the right elements may be met for a conviction. However, anytime the police perform a search of a person’s body or their property, the search must align with that person’s constitutional rights.
You have rights that prevent the police from searching you without probable cause (their belief that a crime has taken place). These rights extend to your property and home. This is the reason why the police cannot stop a person on the street and search their pockets purely on instinct.
When it comes to the issuance and execution of warrants, they should only be issued if there is probable cause that a crime was committed and that the evidence of that crime is likely to be found in the location of the warrant.
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Defense Attorneys You Can Trust
When you are facing criminal charges in Iowa, you need a criminal attorney who is committed to providing you with the very best representation possible. Our lawyers at Lombardi & Miler Law Firm PLLC have the knowledge and skills necessary to ensure that your rights are upheld and protected at each step of your case.
They know that this is one of the most difficult things that you will face in your life, and they will treat you with all the dignity and respect you deserve while pursuing every possible angle for your defense.
Our attorneys know that it is paramount for you to have an aggressive defense lawyer at your side. Regardless of what charges you are facing, you still have rights that should be upheld and protected. Our team is fully committed to each of our clients.
When you retain Lombardi & Miler Law Firm PLLC, you have the assurance that you have a criminal defense attorney who will:
- Thoroughly and completely represent your rights, regardless of your alleged crime or background
- Provide you with the individualized and personalized attention that you and your case merit
- Aggressively represent and defend you, whether in or out of the courtroom
- Continue to stay current on any developments in your case and communicate with you regarding the same
If you are convicted for a criminal offense, it can bring with it severe consequences and a lifelong stigma as a convicted criminal. Consequently, it is essential that you have the very best criminal defense. Even if you know that you are innocent, think the prosecution’s case against you is weak or suspect that much of the supposed evidence against you was gathered in violation of your rights, it behooves you to have an experienced and knowledgeable defense lawyer working diligently to prove those things on your behalf.
The court system can be very difficult and overwhelming to navigate, but our team has the necessary experience to walk you through each step of your case and help you achieve the best outcome possible.