West Des Moines, IA
Drug Crime Lawyer at West Des Moines, IA
Practice Areas: Drug Crime, DUI & DWI
OUTCOME: Driver's License Revocation Rescinded
The administrative law judge rescinded the revocation of our client's out-of-state driving privileges after we demonstrated that the police officer never read the implied consent advisory, which advise ... s of the consequences for both consenting to and refusing chemical testing, prior to requesting a written sample of breath for testing on the DataMaster DMT.
OUTCOME: Firearm Charges Dismissed
On December 27, 2022 the district court dismissed the charge of Carrying Weapons after we were able to generate reasonable doubt that our client's conduct met the essential elements of the charge. Und ... er Iowa Code section 724.8B, "carrying" is a bit narrower than "possessing" in that the State would have to prove beyond a reasonable doubt that the firearms in a vehicle were on or about the person. Pretrial discovery showed that our client was in the rear of a van while two firearms were stored in the center console and between the driver and passenger seats. It wasn't simply a case of constructive possession where the State only had to prove knowledge and ability to maintain control of the weapons. We strive to protect a person's right to carry at all times and this is a great example of pushing back when the charging officer doesn't understand the nuances of the law.
OUTCOME: Drug Charges Dismissed
On November 28, 2022, the district court granted our application to dismiss possession charges based on a violation of the one-year speedy trial provision. We were able to show that the state did not ... bring our client to trial within one year of his plea of not guilty and good cause did not exist to continue the prosecution under the circumstances.
OUTCOME: Drug Charge Dismissed
On November 7, 2022 the Iowa District Court for Benton County dismissed charges of possession of drug paraphernalia following a successful appeal. We persuaded the district court that substantial evid ... ence did not support the trial court's 4/20/2022 (I know, right?) conclusion that an empty container with marijuana residue constituted drug paraphernalia as that term is defined in Iowa Code section 124.414.
OUTCOME: Felony Charges Dismissed
On October 7, 2022, following a two-day trial, the court found our client not guilty of Possession of a Firearm as a Felon, a Class D Felony; Theft in the Second Degree, a class D felony and Theft in t ... he Third Degree, an aggravated misdemeanor following the execution of a search warrant at his property. We were able to raise reasonable doubt whether our client had constructive possession of a firearm or stole a second firearm that was discovered with an obliterated serial number. The search warrant was issued to locate a trading card that had been allegedly stolen in an elaborate ruse through PayPal and Ebay. We beat that charge as well.
OUTCOME: Drug Charges Dismissed
On September 29, 2022 the district court granted the State's Motion to Dismiss after ruling the day before that Iowa Code section 808.16, which was enacted to reinstate the illegal police tactic of war ... rantless garbage rips that GRL upended in 2021, was unconstitutional. The ruling suppressed all evidence of a marijuana grow operation. Our client was charged with possession with intent to manufacture marijuana and tax stamps, two class D felonies, and faced more than $25,000 in unpaid tax, penalties and interest.
OUTCOME: Drug Charges Dismissed
It goes without saying that postal service investigations rarely turn out well for those who receive marijuana products by mail. Drug dogs and search warrants will conspire to reveal the contents of s ... uspicious packages before they reach the mailbox. At that point, the recipients face a Hobson’s choice: either snitch on friends or cop to a felony. What can you do when neither is an option? You guessed it. You get the drug crime lawyers at GRL Law involved. Here’s an example of how we can flip the script on these mailed drug cases that don’t involve the odor of marijuana, drug K9 or a search warrant. A GRL Law client expected to receive THC vape carts by post, but the carrier returned the parcel instead due to some confusion with the delivery. When the client inquired about the delivery and mentioned the package contained medicine, the postal inspector took a keen interest in the package. And, after suspecting it contained contraband instead, the inspector arranged for a controlled delivery with the MINE Task Force. Once our client took possession of the package at the post office, six members of the task force and the inspector surrounded him on the post office steps. Then they went to work getting his consent to search, which revealed a handful of THC vape carts. We argued several points and the district court ultimately accepted that our client’s consent was involuntary under the circumstances. On August 23, 2022, the State had no choice but to dismiss the charges. So, in the end, no snitching or pleading. And the dismissal will ultimately be expunged like it never happened. That’s a NFG. [NOTE: It is a violation of federal law to use the mail to transport controlled substances including marijuana. It is also illegal to possess marijuana flower and extracts in Iowa without a medical cannabidiol card or its out-of-state equivalent.]
OUTCOME: Drug Charges Dismissed
GRL recently put its knowledge of drug identification procedures to the test in a case involving alleged THC vape liquid. Police seized a vape cart during a traffic stop. Field testing of the liqui ... d extract showed a positive color change indicating the possible presence of marijuana. Field testing can mistake CBD for marijuana. This is where things get interesting. Police didn’t send the cart to the state crime lab. Instead, they sent it to a local department that employs an officer with training in marijuana identification. The officer’s verdict was marijuana. What’s the problem? Marijuana identification officers are trained to use macro and microscopic analyses to confirm morphological features supposedly unique to marijuana. Things like cystolithic hairs on the upper surface of the leaf, profuse glandular hairs on the lower surface, lacy marked seeds displaying a sharp ridge, etc. The officer here was not able to evaluate a liquid marijuana extract using any of those identifying characteristics. Also, he did not conduct any semi-quantitative testing. This sort of instrumental analysis differentiates between legal CBD and illegal marijuana. The result? Charges dismissed.
OUTCOME: Felony OWI Charge Amended to Public Intoxication with No Jail
The impaired driving defense attorneys at GRL get results. A recent case in Mitchell County demonstrates how effective we can be when the stakes are highest. We recently took over a case from another ... attorney after the State refused to budge on a felony OWI and trial looked inevitable. After unpacking it, we discovered several important facts that completely changed the dynamic of the case. We went to work limiting the State’s evidence. We requested the DataMaster DMT breath test data and noticed the State’s expert witness to appear on our behalf at trial. The result? On the eve of the final pretrial conference, the State offered public intoxication, a simple misdemeanor, with credit for time served and a minimum fine. No felony. No six-year driver’s license revocation. We’re certainly not alchemists by trade, but when it comes to transmuting lead into gold, we come pretty close.
OUTCOME: Driver's License Revocation Rescinded
On July 22, 2022 the Administrative Law Judge rescinded the revocation of my client's driving privileges following a breath test failure. I was able to show that the calibration log for the preliminar ... y breath test unit did not substantially comply with the administrative regulations in several respects. With the PBT disregarded and no other ground available to the officer, such as an arrest for OWI, the agency had no choice but to reinstate my client's driving privileges. The DOT did not appeal the decision.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
