Culp Law Office P.L.C.Des Moines Criminal Defense Attorneys | Iowa Family Law Lawyer2024-03-11T20:48:55Zhttps://www.cdsglaw.com/feed/atom/WordPress/wp-content/uploads/sites/1301259/2020/07/cropped-site-icon-512x512-1-32x32.pngOn Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478622023-01-03T14:59:31Z2023-01-09T14:58:31Zmarijuana possession in Iowa.
Legality in Iowa
Marijuana is not legal in Iowa. In fact, if you get caught with this illegal substance, you could face a misdemeanor charge. In addition, you could face a felony charge if you have an amount that the courts consider “intent to distribute.” If you get caught selling to a minor, your charges increase significantly. Iowa also prevents the cultivation and growth of marijuana and prohibits paraphernalia, such as pipes and bongs.
Types of possession
Actual possession occurs when you have this substance on your body, such as in a pocket.
Constructive possession occurs when you do not have this drug on your person, but you know where to find it and have access to it. For example, if some of this product is in your vehicle, but it is not on your person, you may still face charges of possession.
Conviction penalties
Possession conviction penalties include fines of up to $8,540 in fines plus court costs and jail time of up to two years in prison for the first through third misdemeanor offenses. Distribution convictions range from $7,500 to $1,000,000 in fines and prison time from one to 50 years depending on the amount you have in your possession. You can face greater penalties if your arrest occurs in or within 1,000 feet of a school zone.
Possession in Iowa is not legal under any circumstances, so you cannot purchase this controlled substance in a state where it is legal and bring it into Iowa.]]>On Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478602022-12-02T22:32:11Z2022-12-08T22:31:02ZWhat is a DUI?
Driving under the influence is a crime that the state can charge you for. Operating a vehicle with a blood alcohol content over .08% can lead to a DUI, DWI, or OWI charge. However, even consuming a small amount of alcohol and driving is dangerous. You can still hurt yourself or others even if you are not visibly intoxicated. That is why drinking and driving are illegal.
Is it dangerous?
Having alcohol in your bloodstream reduces your ability to drive safely. The effects of alcohol can lead to many different dangerous situations. To drive safely, you need to be able to:
Concentrate
Make judgment calls
React quickly
Alcohol impacts these abilities, which can put you and others in danger.
Is it a problem?
Almost 30 people die every day in the United States due to crashes caused by drunk drivers. In 2020, that totaled more than 11,000 deaths per year. That is almost one-third of all vehicular fatalities. In addition, the police arrest over one million drivers yearly on DUI charges.
Does a low BAC level affect you?
You will receive a DUI charge at .08% BAC. However, much lower BAC levels can impact your senses. That is why it is never safe to drink and drive. Doing so can put yourself and others at risk.
Learning the facts about drinking and driving should encourage you to avoid this situation. In addition, if you are fighting an alcohol addiction, you should get help to ensure you do not end up with drunk driving charges.]]>On Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478582022-11-09T22:48:38Z2022-11-09T22:48:38ZDid you have an invitation to the property?
If someone who lived on the property invited you there but another resident had you charged with trespassing, you can get the charges dismissed if the party that invited you is willing to testify that they invited you.
Did the property owner know you were there?
If the property owner knew that you were on the property and never told you to leave, that can be tacit approval of your presence. This may be true even if the property is posted.
Were you getting your own belongings back?
Did you set foot on the property to get back something that belongs to you? If you were on the property recovering your own belongings, that is often a legitimate reason for your presence. Whether it was an errant ball that went too far or something of yours that was inadvertently left there, you can avoid a conviction with an explanation like this.
Were you being a good samaritan?
If you crossed onto the property to be a good samaritan, such as to help someone who suffered an injury, you may be able to claim a Good Samaritan defense.
A trespassing conviction can lead to fines and jail time. Protect yourself with a solid defense.]]>On Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478562022-10-10T20:05:34Z2022-10-10T20:05:34ZUnderstand the law
To decriminalize something means the state appealed or altered laws concerning criminal acts to protect offenders of the crime from prosecution. The act itself is still criminal, yet if caught and within a specific threshold outlined in the law, there is no criminal record or jail time since the state does not prosecute the individual. In the case of legalization, a formerly banned substance is now legal under state or federal law.
Iowa marijuana laws
In Iowa, marijuana remains classified as a Schedule I substance. This classification regards the drug as having a high potential for abuse, and it does not recognize any medical value. Within the state, the possession, sale or manufacturing of the drug is illegal regardless of intended medical or recreational use.
There are slight exceptions concerning prescriptions containing low-THC cannabidiol extracts, though there are only a few chronic medical conditions where these exceptions occur. Individuals who wish to consume medical marijuana without consequences must qualify and register through Iowa’s Medical Cannabidiol Program.
Currently, marijuana possession receives a misdemeanor charge. Offenders can face jail time or a fine. Within the state, neither legalization nor decriminalization is an option for avoiding drug charges.]]>On Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478542022-09-03T16:00:49Z2022-09-03T16:00:49Zcriminal charges.
Possessing marijuana in Iowa violates state law
In Iowa, medical cannabidiol products are legal, including those containing THC. However, you must be a registered patient or caregiver to legally possess these products. Legal CBD and THC products for medicinal use include inhalers, oral capsules and tinctures, topical ointments and suppositories.
It is illegal to possess loose leaf marijuana, joints or edibles in Iowa, regardless of medical status. Possession is a misdemeanor and a first offense is punishable by up to one year in jail and a $1,000 fine.
Transporting marijuana across state lines violates federal law
Despite being legal in many states, marijuana remains illegal on a federal level. By bringing marijuana into Iowa from another state, you are not only violating Iowa law; you are also violating federal law.
In fact, purchasing marijuana in one state and transporting it to another is against federal law even when cannabis is legal in the state you are traveling to. Once you cross state lines with it, it falls under federal jurisdiction.
With the laws and cultural perspectives around marijuana evolving rapidly, it is easy to forget that it is still illegal in many states. It is a misdemeanor to possess marijuana in Iowa, even if you obtained it legally elsewhere.]]>On Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478522022-08-13T01:51:46Z2022-08-13T01:51:46ZCDS classification
The five schedules of drugs under Iowa law include:
Schedule I drugs have no recognized medical purpose and are highly likely to result in abuse. Examples include heroin and other opiates.
Schedule II drugs have a recognized but heavily restricted medical use and are likely to result in abuse. Examples include cocaine and opium.
Schedule III drugs have medical use but can cause moderate physical dependence or high psychological dependence. Anabolic steroids and LSD are examples.
Schedule IV drugs have medically accepted use but can cause moderate physical or psychological abuse. An example is butorphanol, a type of pain medication.
Schedule V drugs have a low dependence likelihood and medical acceptance. They sometimes lead to methamphetamine use.
The schedule affects the potential penalties for charges of possession, sale, trafficking and manufacturing.
Penalties for possession
Possession is the most common drug charge. In Iowa, the first conviction of possession is a serious misdemeanor with potential fines up to over $1,500 and a year in jail. A second conviction is an aggravated misdemeanor and can result in a fine of over $6,000 and one year in jail. Three or more convictions can result in up to $7,500 and a five-year prison sentence. Iowa law also mandates an addition of 100 hours of community service for possession within 1,000 feet of a public park or a school.
Because some drugs are medically necessary, proof of a prescription can help you avoid charges.]]>On Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478502022-07-31T13:05:33Z2022-07-31T13:05:33Zpenalties for OWI if you operate a vehicle with a blood alcohol concentration level at or above 0.08%. As you wait for your hearing, there are several steps you can take to help yourself mentally cope with what lies ahead.
Rely on your support system
After an OWI arrest, you may not want to see or speak to your close friends and family members. However, try not to push these people away and accept help from them whenever possible.
Limit alcohol consumption
If you start feeling sad and depressed, limit your reliance on alcohol, as this is a natural type of depressant. If you suspect that you have an addiction to alcohol, consider seeking professional help and treatment.
Do your research
It may seem like it is easier to not think about the OWI penalties you face and the impending legal process. However, doing your research and understanding what is to come can help you feel empowered and confident.
Coping with the legal process and penalties associated with an OWI arrest and conviction can be difficult on a mental and emotional level. Be patient with yourself during this time and remember that even though an OWI conviction may be hard to handle, you can still move forward.]]>On Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478432022-06-16T21:21:57Z2022-06-16T21:21:57Zlegal counsel to understand how to either retain or re-obtain your license.
Why license suspension revocation occurs
There are several reasons why the DMV could suspend a license. A suspension is temporary and requires specific actions outlined by the DMV before the agency removes the suspension. Suspension reasons include:
Unpaid fines or fees
Unpaid traffic citations
Alcohol and drug-related offenses
Driving without current, valid insurance
License suspensions are generally accompanied by an open-ended period or set amount of time. Support applications for reinstatement by paying fines, correcting offenses and waiting until the suspension period is over.
Why license revocation occurs
When the state revokes a license, it takes away a license forever. This can happen in the following situations:
Repeat DUI offenses
Specific medical conditions
Advanced age
False statements on DMV-related forms
There are options for getting a new license once revocation occurs. First, an applicant must request a hearing with a representative at the State DMV. The individual must resolve any penalties or fines associated with the revoked license before applying for a new license.
By following local and state laws and driving safely, many people can avoid having their license suspended or revoked. However, there are options for getting it back if either of these situations occurs.]]>On Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478402022-05-28T00:33:10Z2022-05-28T00:33:10ZMail and wire fraud
The most common federally charged crimes are mail and wire fraud. These are crimes that include improper use of the United States Postal Service, phone, email or internet-connected devices.
Computer and internet fraud
Using a computer to hack into a network for the purpose of defrauding someone by altering records or accessing information is computer fraud. Internet fraud often includes computer fraud as well as using the internet to commit identity theft, investment fraud or phishing scams.
Counterfeiting
Producing, trading and selling forged items such as currency, designer goods or legal documents constitutes counterfeiting. Whether offenders peddle knock-off handbags or fake identification cards as a side hustle, they could land behind bars for your efforts.
Credit card fraud
Illegally obtaining and using a credit card to make purchases is a particularly heinous and harmful crime. Offenders may use petty theft or more sophisticated operations to obtain victims’ card numbers and personal information.
Penalties for fraud in Iowa include fines, incarceration, probation and restitution. Though punishments vary between state and federal laws, the types of fraud often overlap, meaning it is possible to face multiple charges for a single crime. It is important to understand your rights as you navigate the criminal justice process when facing fraud charges.]]>On Behalf of Culp Law Office P.L.C.https://www.cdsglaw.com/?p=478372022-04-27T21:36:36Z2022-04-27T21:36:36ZWhat are Miranda Rights?
Created in 1966, the Miranda Rights are a set of rights that let you know that you do not have to speak if you do not wish to. They can help protect you, and allow you to avoid saying anything that the court could use against you.
When are Miranda Rights read?
A police officer will typically read you your Miranda Rights after they have taken you into custody. This means that they do not have to Mirandize you if you are simply having a conversation with them, or they have stopped you for questioning. It is important to keep in mind, though, that the court will use anything you say against you, so if you say something incriminating before you go into custody, the court may still use it to win their case.
If you have experienced an arrest, you may wonder what your rights are. Knowing what the Miranda Rights mean can help you make better decisions when it comes to the questions that you choose to answer in the event that you find yourself in police custody.]]>