Tag: Weapons

Pretrial Motion to Suppress results in dismissed charges, felony conviction avoided

Cerro Gordo County, Iowa- GRL Law attorney Grant Gangestad filed a motion to suppress evidence based upon various violations of the client’s statutory and constitutional rights. After successful depositions and negotiation with the prosecutor, several charges, including possession of controlled substance and assault with a deadly weapon charges, were dismissed.  The client received a deferred judgment on the remaining charges, avoiding a felony conviction and prison time.

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Carrying Weapons – Possession is NOT Always Nine-Tenth’s of the Law

You may have heard the hold adage that “possession is nine-tenth’s of the law.”  Although that proposition may have some merit when attempting to ferret out property disputes, the Iowa Supreme Court recently did not find it persuasive as it relates to committing the crime of carrying a dangerous weapon while intoxicated.  In State v. Montreal Shorter, the Iowa Supreme Court ruled that “possession” of a firearm while intoxicated does not necessarily constitute the criminal offense of “carrying” a firearm while intoxicated.  Iowa Code Section 724.4C prohibits a person from “carrying” a weapon either (1) on or about the person […]

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