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Can husband get Deferred Judgment for drug charges?

Des Moines, IA |

husband in jail on felony b charges. how do we go about getting a Deferred Judgment?we have a attorney. his arriagment is on the 22nd. can you explain what exactly Deferred Judgment is?


thank you and god bless !!

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Attorney answers 1

Posted

A deferred judgment is a sentencing option where the court places the defendant on probation. Once probation is successfully completed, the defendant is discharged from any further supervision and the conviction is removed from the adult criminal record. It is necessary to accept resposibility and plead
guilty to seek the grace of a deferred. However, I don't believe a deferred is available as a sentencing option for a class B felony. The county attorney would need to amend the charge to a class C felony involving less than 5 grams.

Asker

Posted

so if the attorney gets the charges to a c felony then my husband can qualify for it then?

Colin Christopher Murphy

Colin Christopher Murphy

Posted

He is not eligible if the offense is charged under section 124.401(1)(a) or (b). I think if it is amended to subsection (c) involving less than 5 grams then he would be eligible. But you should know that the county attorney could recommend against it. So could be Department of Corrections, which will prepare a presentence investigation that determines his eligibility and potential for rehabilitation while on probation. Even if all the parties were in agreement, the court still retains the authority to sentence him to something other than a deferred judgement.

Asker

Posted

5 grams of ANY drug?

Colin Christopher Murphy

Colin Christopher Murphy

Posted

I assumed the controlled substance was amphetamine or methamphetamine because larger quantities that would trigger a class B felony involving other drugs would probably be prosecuted at the federal level. If it involves another drug, then let me know and I will check on deferred eligibility.

Asker

Posted

amphetamine .... yes u are correct

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