On November 28, 2022, the district court in Pocahontas County granted our application to dismiss a possession charge based on a violation of the one-year speedy trial provisions in Iowa Rule of Criminal Procedure 2.33.
We were able to demonstrate that the state did not bring our client to trial within one year of his plea of not guilty and good cause did not exist to continue the prosecution under the circumstances.
GRL took over the defense of this case from another firm and stood ready to defend the charge based on a constructive possession defense. We believed there was reasonable doubt that our client was aware of controlled substances and other paraphernalia discovered by law enforcement in the ceiling of his residence during a search warrant raid.
A tip of the hat to the prosecutor who exercised sound judgment in consenting to our application.