Drug Offenses
If you have been charged with a drug offense in Iowa, you could be facing jail time, fines and a permanent criminal record. The experienced criminal defense attorneys at Carr Law Firm P.L.C., can help defend you against drug charges in state or federal courts.
We represent people charged with drug offenses including the possession, sale, distribution or possession with the intent to distribute:
- Marijuana
- Heroin
- Methamphetamines
- Prescription narcotics
- Other drugs and controlled substances
The type of drug involved affects the severity of the charges you may be facing — for example, offenses involving methamphetamines can lead to more severe penalties than offenses involving marijuana.
What Are The Penalties For Drug Possession In Iowa?
If you are facing charges in Iowa, it is important to understand the serious drug possession penalties that may apply. These penalties depend on the type and amount of drug involved. For example:
- Marijuana (first offense): Simple misdemeanor, up to 6 months in jail and a $1,000 fine
- Marijuana (second offense): Serious misdemeanor, up to 1 year in jail and a $1,875 fine
- Methamphetamine, cocaine, heroin: Aggravated misdemeanor or felony, punishable by up to 2 years in prison and fines between $625 and $6,250
- Repeat offenses: May lead to Class D or Class C felony charges, with 5 to 10 years in prison and fines up to $10,000
In addition to jail or prison, the court may impose probation, mandatory treatment or driver’s license suspension. These drug possession penalties can impact employment, housing and even student aid eligibility.
What About Unlawful Searches?
If police found drugs during an illegal search and seizure, you might have grounds to challenge the arrest. Iowa law requires law enforcement to follow strict rules when searching your property, vehicle or person.
Examples of illegal search and seizure include:
- Searching without a warrant or valid exception
- Pulling you over without probable cause
- Searching your home without consent or a warrant
If your rights were violated, your lawyer can file a motion to suppress evidence. If granted, the court may exclude the drugs from the case, which often leads to dismissal or reduced charges. It is important to ask how the evidence was obtained, as this could be a turning point in your defense.
Is The Iowa Drug Court Program Right For You?
Instead of jail, some people charged with drug crimes may qualify for Iowa’s drug court program. This alternative helps eligible individuals recover while staying out of prison.
To meet drug court eligibility under Iowa standards, you must:
- Be charged with a nonviolent drug offense
- Show a willingness to seek treatment
- A judge’s approval to participate
- Pass a court screening process
The program requires:
- Regular court appearances
- Drug testing
- Attendance in treatment and counseling
- Ongoing supervision for 12 to 24 months
For many, drug court offers real alternatives to jail, with the potential for charges to be reduced or dismissed upon completion.
How A Lawyer Can Help Fight Your Charges
We are here to protect your rights in any drug offense case. To begin with, we may look into the evidence against you. If it was obtained during an illegal search or seizure, we may be able to suppress that evidence. We may also be able to challenge other elements of the case against you, including whether you were actually in possession of the drugs. Our attorneys are skilled at understanding all aspects of a drug offense case in order to prepare the strongest possible defense for our clients.
Get Started On Fighting Your Charges
If you have been charged with a drug offense, remember your right to an attorney. Give us a call at 515-259-1389 or use our secure online form to set up an appointment. We offer free initial consultations. With an office in Des Moines, we defend clients in both state and federal courts in Iowa.