Tag: trial

CDL False Report of Duty Status Dismissed at Trial

The CDL defense attorneys at GRL Law score another win for a client after charges were dismissed. Our driver was charged with false report of record of duty status.  The firm noted three possible defenses.  One in particular concerns how the complaint was verified.  I thought it would be a winner under these facts.   However, I didn’t even get a chance to raise it at trial.   The trooper was en route, but 30 minutes late, when the prosecutor moved to dismiss at the State’s cost. That never happens!  I met the trooper on the sidewalk outside the courthouse minutes later.  […]

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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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The Reciprocity Defense for Possessing Out-of-State Medical Marijuana in Iowa

When it comes to possession charges for out-of-state medical marijuana, you should look no further than GRL Law. Many prosecutors will charge these possession offenses under Iowa Code section 124.401(5).  This effectively treats medical marijuana like a street drug rather than a therapeutic purchased at a licensed dispensary.  Most attorneys who dabble in criminal defense accept this framing and go to work negotiating a mandatory minimum plea or deferred judgment. Not GRL Law. We won’t rest without fighting to get the charges dismissed. How do you choose the right attorney for this specialized possession charge in Iowa?  Just ask them […]

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NFG! 78 in 70 Reversed on Appeal

Frequent readers of the GRL Law blog are familiar with the term “NFG.” We also explain it in detail here.  A NFG can occur at trial.  Or, like this case, on appeal. At the close of the state’s case at trial, the criminal defense attorneys at GRL Law moved to dismiss the speeding charge.  Why?  The trooper testified on cross-examination that he was not sworn before a notary at the time he signed the complaint before filing it with the magistrate.  The Iowa Constitution requires a sworn verification. The magistrate refused to grant the judgment of acquittal for our client […]

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Public Intoxication Charge Dismissed at State’s Cost

Sometimes police are way too aggressive in their attempts to ferret out crime.  When that occurs, the criminal defense attorneys at GRL Law are often called to secure justice for the accused. A perfect example of this happened recently in Ankeny. Our client was simply walking on a sidewalk when the police approached in a patrol car.  Small talk soon led to a request for field sobriety and breath testing, both of which were politely refused.  When the officer announced he was making an arrest, our client offered a breath test. The result? 0.019 percent alcohol.  Maybe a beer’s worth.  […]

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NOT GUILTY VERDICT IN UNLAWFUL PASSING TRIAL

Washington, Polk County, Iowa.  On February 26, 2021 a magistrate judge found our client not guilty following a bench trial for unsafe passing of a snow plow on a two-lane highway. We established that the snow plow does not yield at a stop sign, but rather slowly pulls out onto the highway at 10 mph.  Our client is 100 feet from the intersection traveling 45 mph.  There is no choice but to pass the snow plow on the left to avoid a rear-end collision.  The pass is nearly complete when the snow plow attempts a left-hand turn 200 feet ahead.  […]

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Possession Does Not Merge With Eluding While Carrying Marijuana

A unanimous Iowa Supreme Court ruled on October 16, 2020 that certain marijuana possession-related convictions do not merge for purposes of double jeopardy protections against cumulative punishments. In State v. Johnson, the defendant argued his possession of marijuana conviction, a serious misdemeanor, should merge with his felony conviction for eluding while possessing marijuana.  The State did not dispute that a driver cannot violate the particular eluding subsection without also violating the prohibition against possessing marijuana.  Under the legal-elements test that compares two offenses to determine whether it is possible to commit the greater offense without committing the lesser, the crimes […]

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Common Police Field Test Mistakes CBD for Marijuana

Police have historically relied on the Duquénois-Levine (D-L) colorimetric field test to presumptively identify botanical material as Cannabis for the purpose of arresting a suspect for possession of marijuana. The reagent used in the D-L test reacts with a particular part of the THC molecule producing an intense violet color that is readily identifiable by law enforcement at the roadside.  However, the D-L test is not specific for just THC.  Many other cannabinoids, including hemp-derived extracts such as CBD, will yield similar purple hues in the presence of the reagent. Of course, these extracts are not marijuana under Iowa law, but […]

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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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Felony Theft Charges Amended to Misdemeanor Operating Without Consent and Time Served WIN

On March 11, 2020 the Marshall County District Court granted the state’s motion to amend a two-count felony trial information and allowed our client to plead to a single misdemeanor charge of Operating without Owner’s Consent. The State initially charged our client with class C and D felony theft, allegations which, if not aggressively defended, could have resulted in 15 years or more in prison and thousands in fines. However, the firm’s vigorous approach to pretrial discovery depositions raised considerable doubt over whether the state could prove that our client knowingly exercised control over stolen property, a 1977 Corvette, and […]

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