Tag: dismissal

Felony Drug Charges Dismissed After Deputy Whiffs on Odor

When law enforcements applies for a search warrant based on the odor of marijuana, they must describe to the magistrate how they know recognize the odor. Things like training, experience, etc., in drug interdiction are critically important to establish probable cause to issue the warrant. What happens when the application is silent on training and experience? The drug crime attorneys at GRL Law recently convinced a district court in northwest Iowa to dismiss felony drug charges following a search warrant raid. A deputy sheriff claimed to have detected the odor of burnt marijuana coming from inside a residence during an […]

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Involuntary Manslaughter and Operating While Intoxicated Charges DISMISSED

Johnston, Polk County, Iowa.  What started as an arrest for Operating While Intoxicated progressed to felony offense of Involuntary Manslaughter, but was ultimately resolved with a traffic citation for Failure to Yield Upon a Left-Hand Turn.  GRL’s client experienced a roller-coaster ride of emotion following a tragic car accident.  Client was initially suspected of being intoxicated but subsequent blood tests established an alcohol concentration well within the legal range.  Because the operator of the other vehicle involved in the accident died, while unable to prove operating while intoxicated, the prosecution amended to charge to Involuntary Manslaughter.  This charge requires the […]

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Thing that Make You Go HMMM

Attorney Matt Lindholm recently had one of the stranger cases of his career when he was hired on to represent a client on a burglary charge.  The case was full of many unprecedent twists and turns which required the recusal of the county attorney and transferring the case to another county.  At the end of the day, the county attorney saw this case for what it was; nothing more than an attempt to bolster a festering family law dispute and Attorney Lindholm secured a dismissal of all charges.

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The Law–Just Follow the Law

Polk County, Iowa.   A GRL client recently got an Operating While Intoxicated charge dismissed following a ruling by the court throwing out the breath test refusal.  Attorney Matt Lindholm was able to secure the dismissal for the client after showing that the preliminary breath testing device used in the case did not comply with Iowa’s calibration requirements.  In addition to the charge getting dismissed, the client was able to prevent any loss of his driver’s license.

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Reciprocity Defense for Medical Marijuana Results in Two Dismissals

Frequent visitors to the GRL Law Blog are no doubt familiar with our approach to defending medical marijuana charges. The drug defense lawyers recently raised this reciprocity defense in two separate cases.  The first dealt with raw cannabis flower purchased in another state with a valid medical card.  The other concerned edibles. In both cases, the court entered an order granting the defense and dismissing the charge at the state’s cost. We believe these are the first rulings of their kind in the state on the issue of reciprocity. Charged with possession of marijuana for out-of-state medical marijuana?  GRL knows […]

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To Light or Not to Light

Boone County, Iowa.  A GRL client recently had an operating while intoxicated charge dismissed following a ruling by the court indicating that the stop of the clients vehicle violated the Fourth Amendment of the United States Constitution.  The client was stopped because the officer believed his license plate light was not illuminated.  However, attorney Matt Lindholm was able to break down the video footage from the patrol car camera and body camera to show various instances where the license plate was clearly illuminated.  As a result, all evidence obtained following the stop of the client’s vehicle was thrown out and […]

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Boating Privileges Saved

Appanoose County, Iowa- A GRL Law client was charged with Boating While Intoxicated (BWI), Second Offense. A conviction for BWI 2nd offense results in a minimum fine of $1,000, seven days in county jail, completing a substance abuse evaluation and completing all recommended treatment, and a loss of the person’s boating privileges for two years.  Mr. Gangestad and the county attorney were able to successfully negotiate a non-BWI resolution, with the client paying a $200 fine.  Jail time was avoided and the client’s boating privileges were spared.

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ALL CHARGES DISMISSED due to Faulty PBT Logs

Wright County, Iowa- A GRL Law client was stopped for alleged erratic driving.  Officers requested that she complete field sobriety tests, and the client submitted to that request.  The client then submitted to a PBT and was taken to the station for further testing. The client supplied a breath test which was over the legal limit.  Mr. Gangestad filed a motion to suppress the breath test result because the preliminary breath test (PBT) calibration logs did not comply with the Iowa Code and therefore invalidated the PBT result.  The breath test result was excluded from trial and all charges were […]

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Dog Bite Charge Dismissed After GRL Law Raises Warrantless Entry

Today, the magistrate court dismissed charges against a GRL Law client whose dog bit a DMPD officer. The evidence showed the officer attempted to coax our client into the common area of her downtown loft to “discuss” a complaint.  However, when she declined, the officer crossed the threshold of the door to arrest her. That’s when the owner’s small dog intervened and caused $80.00 in damage to the officer’s tactical pants. We believed there was a defense to the merits because the ordinance requires proof that the owner “allowed” the dog to cause damage property.  Hard to “allow” damage when […]

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