Tag: felony

Defending the Sentencing Enhancement for Firearms in Felony Marijuana Possession Cases

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 twice the term provided.  As a result, the nickel for a few ounces of bud may be enhanced to a dime simply because of a gun.  In other words, the Glock 19 seized by the task force now earns the unsuspecting person 10 years behind […]

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Prior Out-of-State Convictions for Marijuana Possession

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 any state or federal statute relating to . . . marijuana . . . .”  Prosecutors typically rely on this provision in charging a second offense when you are charged with felony possession with intent to deliver or manufacture in Iowa and have any prior […]

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Bobby is the guy you want to hire

I was being charged with a felony in the not too distant past and I reached out to Bobby for assistance. He was very thorough, explained every step to me, negotiated that my felony was reduced to lesser charge and got me a very favorable sentence. He is quick to respond, will give you his honest opinion on things while tempering expectations which is great because there is nothing like being told one thing and then having the opposite hit you in the face. Honest, hard working, real down to earth guy. Highly recommend, just hope I don’t have to […]

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