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Gourley, Rehkemper & Lindholm PLC
Protecting The Rights Of Iowans
Criminal Defense  -  DUI defense - Federal & State Courts
Personal Injury - Worker's Comp - Divorce - Business Law [About GRL]

OWI/DUI Charge - Des Moines, Polk County, Iowa. Jury finds GRL Law client NOT GUILTY of Serious Injury by Vehicle by Operating While Intoxicated but guilty of misdemeanor Operating While Intoxicated. Client avoided mandatory 5 years in prison.

Third Degree Theft Charge - West Des Moines, Polk County Iowa.  Theft in the Third Degree charge dismissed outright.

Iowa Supreme Court concludes the our client was improperly punished and more severely when he exercised his 5th Amendment right against self-incrimination at sentencing. Read More......

OWI 1st Offense - Des Moines, Polk County, Iowa.  OWI 1st Offense amended to Reckless Driving.

Motion to suppress evidence - Forrest City, Winnebago County, Iowa.  Clients motion to suppress evidence which included marijuana and gun was granted when court concluded that postal inspector’s search of package and residence was illegal because it was done without clients consent.

OWI & Possession Suppressed Evidence - Sac City, Sac County, Iowa. OWI first offense and possession of marijuana and paraphernalia dismissed after judge grants defendant’s motion to suppress evidence. Driving privileges spared.

2nd OWI Amended - Altoona, Polk County, Iowa. OWI second offense amended to simple misdemeanor of public intoxication.

Assault NOT Guilty - Urbandale, Polk County Iowa. Client found NOT guilty by jury of Assault with a Dangerous Weapon and Leaving the Scene of a Personal Injury accident.

 

penalties:
iowa drug crimes

Gourley, Rehkemper & Lindholm - iowa criminal defense attorneys

POSSESSION OF DRUG PARAPHERNALIA

Simple Misdemeanor.
Up to 30 days in jail and a fine of up to $625.  Minimum fine of $65.
For information about Iowa's drug laws, please see Iowa Drug Laws
For information about federal drug laws, please see Federal Drug Laws

POSSESSION OF A CONTROLLED SUBSTANCE

First Offense:
Substance Class Maximum Minimum
Marijuana: Serious Misdemeanor. Up to 6 months in jail and a fine of up to $1,000. Minimum fine of $315.00.
Other: Serious Misdemeanor. Up to 1 year in jail and a fine of up to $1,850.00. Minimum fine of $315.00.
Deferred Judgment is available if no prior felony conviction or prior conviction for possession of controlled substance.
Federal law provides for 1 year disqualification from federal financial aid eligibility.
180 days suspension of driving privileges.  A temporary restricted license may be issued by order of the court.
Second Offense:
Substance Class Maximum Minimum
Marijuana: Serious Misdemeanor. Up to 1 year in jail and a fine of up to $1,850.00. Minimum fine of $315.00.
Other: Aggravated Misdemeanor. Up to 2 years in prison and a fine of up to $6,250. Minimum fine of $625.
Deferred Judgment is not available
2 year disqualification from federal financial aid eligibility.
180 day suspension of driving privileges.  A temporary restricted license may be issued by order of the court.

Third Offense

Substance Class Maximum Minimum
Marijuana: Aggravated Misdemeanor. Up to 2 years in prison and a fine of up to $6,250. Minimum fine of $625.
Other: Class D Felony. Imprisonment for up to 5 years and a fine of up to $7,500. Minimum fine of $750.
Deferred Judgment is not available
Indefinite disqualification from federal financial aid eligibility.
180 day suspension of driving privileges.  A temporary restricted license may be issued by order of the court.

CONSPIRACY

CONSPIRACY TO DELIVER OR MANUFACTURE A CONTROLLED SUBSTANCE AND POSSESSION OF A CONTROLLED SUBSTANCE WITH THE INTENT TO DELIVER
“Delivery” or “deliver” means the actual, constructive, or attempted transfer of a substance from one person to another.  This includes sharing.
The sentencing schemes for these offenses depend primarily on the controlled substance and weight of the substances involved.

“Super” Class B Felony: 

Substance Weight
Cocaine: 500 grams +
Methamphetamine: 5 Kilograms +
Crack: 10 – 50 grams +
Marijuana: 1000 Kilograms +
Penalties:  Imprisonment for not more than 50 years and a fine of not more than $1,000,000.00. 
Methamphetamine exception. Probation is not an option for methamphetamine offense, prison sentence is mandatory. 
Must serve a minimum of 1/3 of the 50 year sentence before being eligible for parole if sentenced to prison.

“Normal” Class B Felony:

Substance Weight
Cocaine: 100-500 grams
Methamphetamine: 5grams – 5 kilograms
Crack: 10 – 50 grams
Marijuana: 100 – 1000 Kilograms
Penalties:  Imprisonment for not more than 25 years and a fine of not more than $100,000.00.  Minimum fine of $5,000.
Methamphetamine exception.  Probation is not an option for methamphetamine offense, prison sentence is mandatory. 
Must serve a minimum of 1/3 of the 25 year sentence before being eligible for parole if sentenced to prison.
If defendant pleads guilty and “accepts responsibility” the court may reduce the mandatory minimum sentence by 1/3.
If the defendant “cooperates” by providing the State with useful information leading the charge, arrest and/or conviction of others the county attorney MAY recommend a reduction of the mandatory minimum by up to an additional 50%.  It is up to the county attorney to make the recommendation.  Defendant does not have a right to this reduction.

Class C Felony:

Substance Weight
Cocaine: 100 grams or less
Methamphetamine: 5 grams or less
Crack: 10 grams or less
Marijuana: 50 - 100 kilograms
Penalties:  Imprisonment for not more than 10 years and a fine of not more than $50,000.00.  Minimum fine of $1,000.
Probation is an option for all first time offenses.
Methamphetamine exception.  If conviction is a second or subsequent conviction, probation is not an option, prison is mandatory.
Must serve a minimum of 1/3 of the 10 year sentence before being eligible for parole if sentenced to prison unless the court waives the mandatory minimum on a first conviction and for mitigating circumstances.
If defendant pleads guilty and “accepts responsibility” the court may reduce the mandatory minimum sentence by 1/3.
If the defendant “cooperates” by providing the State with useful information leading the charge, arrest and/or conviction of others the county attorney MAY recommend a reduction of the mandatory minimum by up to an additional 50%.  It is up to the county attorney to make the recommendation.  Defendant does not have a right to this reduction.

Class D Felony:

Substance Weight
Marijuana: 50 kilograms or less
Penalties:  Imprisonment for not more than 5 years and a fine of not more than $7,500.00.
No mandatory sentences.

SENTENCING ENHANCEMENTS

Conspiracy to Manufacture Methamphetamine with Intent to Deliver to Minor and/or Delivery of Methamphetamine to a Minor: Imprisonment not to exceed 99 years and must serve a minimum of 10 years before being eligible for parole.  Probation is not an option, prison is mandatory.
Second conviction is a Class A felony carrying mandatory life in prison without the possibility of parole.
Second or Subsequent Offender:  Triple Enhancement.  The Court exercising its discretion may sentence the defendant to a term in prison up to three times the original sentence.  Probation is not an option and the defendant must still serve the mandatory 1/3 of the sentence imposed before being eligible for parole.
While in Immediate Possession of a Firearm:  Mandatory doubling of sentence.  Probation is not an option, prison is mandatory.  Must serve mandatory 1/3 of sentence before being eligible for parole.
While in Possession of an Offensive Weapon:  Mandatory tripling of sentence.  Probation is not an option, prison is mandatory.  Must serve mandatory 1/3 of sentence before being eligible for parole.
Manufacturing Methamphetamine In Presence of Minors:  Mandatory additional 5 years to end of sentence.
1,000 Foot Rule:  Potential additional 5 years to sentence.
Individual 18 years or older who manufactures or possesses with the intent to distribute controlled substances within 1,000 feet of:
A public or private elementary or secondary school;
Public park, public swimming pool;
Public recreation center; or
On a marked school bus may be sentenced to an additional 5 years.

ADDITIONAL CONSIDERATIONS

Deferred Judgment is only available for First Offense Class C’s and below.
2 year disqualification from federal financial aid on first offense and indefinite disqualification for second offense.
180 day license suspension for all offenses.  Temporary restricted license is available by order of the court.

DISCLAIMER

This is a summary of the most common drug related offenses to be used for informational purposes only and should not be construed as legal advice.  Additionally, it should not be considered an all inclusive list of offenses and potential punishments.  Seek competent legal counsel for advice on any legal matter.


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