Tag: felony

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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Felony OWI Amended to Public Intoxication

The impaired driving defense attorneys at GRL get results.  A recent case in Mitchell County demonstrates how effective we can be when the stakes are highest. We recently took over a case from another attorney after the State refused to budge on a felony OWI and trial looked inevitable.  After unpacking it, we discovered several important facts that completely changed the dynamic of the case.  We went to work limiting the State’s evidence.  We requested the DataMaster DMT breath test data and noticed the State’s expert witness to appear on our behalf at trial. The result? On the eve of […]

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GRL Law Secures Dismissal of Felony CBD Charges in Polk County

The Polk County Attorney’s Office and GRL Law announce the resolution of criminal charges against Lacie Navin arising from the retail sale of hemp-derived cannabidiol (CBD) in December 2019. At the time of her arrest, Iowa’s Hemp Act, S.F. 599, which would provide for the production and retail sale of hemp products in Iowa, had not been fully implemented. Until the approval of the State Hemp Plan by the United States Department of Agriculture, it was unlawful to distribute CBD products under Iowa Code chapter 124. In late November 2019, Mid-Iowa Narcotics Enforcement (MINE) Task Force officers informed Ms. Navin […]

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GRL Criminal Law Division 200+ Five Star Reviews on Avvo.com

GRL Law maintains a well earned reputation from both the bench and bar across the state for its approach to defending those charged with serious crimes.  It should come as no surprise that our clients share the same opinion. The firm’s criminal law division is comprised of five experienced trial and appellate lawyers.   Collectively, they have more than 200 five-star reviews on Avvo.com. Two hundred.  Actual and organic testimonials that describe the client experience with GRL Law. When facing serious criminal charges, the most important decision you will make is the lawyer who will protect your rights.  If you or […]

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Felony Drunk Driving Accusation DISMISSED

Clive, Polk County, Iowa.  Felony drunk driving accusation dismissed outright after the court concluded that the stop of GRL Law’s client was illegal and violated the Fourth Amendment to the United States Constitution.  A thorough investigation into all of the facts surrounding the case revealed the client’s step-son actually set him up to be pulled over for operating while intoxicated.  The evidence established that the step-son called GRL’s client requesting delivery of his inhaler to his location.  Immediately after GRL’s client agreed to bring the inhaler, the step-son immediately called 9-1-1 to report his step-father as driving while intoxicated.  Law […]

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Criminal Gang Participation Felony Charges DISMISSED

Wright County, Iowa- A client, who is part of a motorcycle club, was riding his motorcycle with friends outside of Clarion, Iowa in April 2020.  The group came upon a fellow rider wearing a patch on his jacket that the client’s group was unfamiliar with, so the group asked if they could talk about his patches. The riders stopped at a gas station, where an argument ensued between one of the riders and the individual motorcyclist, who was an off duty police officer.  The group ended up leaving but not before the off-duty officer called 911.  The officer indicated that […]

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Reckless Driving Causing Death is not a Lesser Offense of OWI Vehicular Homicide

A unanimous Iowa Supreme Court ruled on October 23, 2020 that homicide by reckless driving is not a lesser included offense of homicide by OWI. In State v. Johnson, the defendant argued he was entitled to a jury instruction that his reckless driving, not operating while intoxicated, was the cause of a crash that took the life of passenger in the other vehicle. To determine whether a crime is a lesser included offense, the Court uses the “impossibility” test.  Is it impossible to commit one crime without committing the other?  Does the first (greater) crime include every essential element of […]

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Exceptional Outcome in Marijuana Edible and Flower Felony WIN

Garner, Hancock County, Iowa.  After successfully vacating two convictions through post-conviction relief efforts [more on that here], the drug defense attorneys at GRL Law accomplished what former trial counsel was simply unable to do years ago: develop reasonable doubt that our client committed any felony offense involving marijuana or marijuana edibles. Our aggressive pre-trial discovery efforts raised serious questions regarding whether the alleged victim was duped into consuming chocolate containing THC.   On the contrary, it appeared instead that she pilfered clearly-labeled marijuana edibles from our client’s personal belongings without permission.  Only after she knowingly ate her way into a hazy […]

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Felony Conviction Vacated Following Ineffective Assistance of Counsel WIN

Garner,  Hancock County, Iowa.  The drug defense attorneys at GRL Law successfully raised and litigated a claim of actual innocence resulting in the district court setting aside a felony conviction from 2017. Prior counsel advised our client to plead guilty to a felony charge of administering marijuana edibles to another in violation of Iowa Code section 708.5 despite the fact that she consistently maintained her innocence throughout the investigative, plea change and sentencing phases of the case. The firm raised numerous grounds on which the district court could have certainly found her trial counsel ineffective.  We were able to clearly […]

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Class D Felony Marijuana Charge Dismissed WIN

New Hampton, Chickasaw County, Iowa.  A traffic stop for speeding by an out-of-state driver on Interstate 35 led to a warrantless probable cause search of the vehicle based on the odor of marijuana.  Deputies located significant quantities of marijuana flower in a glass jar in the passenger compartment and charged our client with both felony and misdemeanor possession under Iowa Code section 124.401.  The class D felony charge was punishable by an indeterminate term of prison of up to 5 years and a fine of $7,500. Both the stop and the search were legal under Iowa law.  However, as a […]

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