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 […]
On September 21, 2022 the Iowa Court of Appeals affirmed felony convictions for possession with intent to deliver methamphetamine and drug tax stamps in State v. Hansel. The ruling provides a great reminder to drug crime attorneys on the proper way to object to evidence, especially “prior bad acts” testimony. In this case, the arresting […]
Felony drug offenses committed within “drug free zones” risk more time in prison. A “drug free zone” can be in, on or within 1000 feet of certain property. This property includes schools, parks, swimming pools and rec centers as well as the contiguous land surrounding any buildings. Offenses committed on a marked school bus also […]
Webster City, Hamilton County, Iowa. A traffic stop on I-35 led to the discovery of marijuana in a car trunk. The trooper cited the driver for speeding, but charged the passenger with possession of marijuana. The drug defense attorneys at GRL Law have written before on the constructive possession defense. This case presented yet another […]
On February 17, 2021 the Iowa Court of Appeals in State v. Tucker dismissed felony drug charges against an informant who upheld her end of a task force proffer. Although both the factual and procedural histories are long and winding, the issue on appeal was fairly straightforward. Should the court enforce a plea agreement against […]
All too often, inexperienced attorneys defending felony marijuana cases fail to fully appreciate the incredibly significant impact that evidence of a firearm can have on sentencing. How significant, you ask? Under Iowa Code section 124.401(1)(e), a person in the immediate possession or control of a firearm while possessing marijuana for delivery shall be sentenced to […]
Prior out-of-state convictions for marijuana can be very problematic if you are arrested for a possession offense in Iowa. Iowa Code section 124.411 provides “an offense is considered a second or subsequent offense, if, prior to the person’s having been convicted of the offense, the offender has ever been convicted under this chapter or under […]
