The Story County District Court recently sentenced our client to credit for time served and minimum fines for simple possession of a controlled substance.
Originally, the state charged him with four felonies: possession with intent to deliver LSD, marijuana and tax stamp violations. The Class B felony alone was punishable by a mandatory term of imprisonment up to 25 years and a fine of up to $100,000.
We were able to limit the admissibility of certain evidence and arguments that are typically used by the state in these types of cases on the issue of intent in constructive possession cases. With the issue of intent neutralized in our client’s favor, the state had little choice but to amend the Class B and D felonies to misdemeanors with credit for time served and dismiss the two other class D felonies. A massive result!