Colin Christopher Murphy
PRO

Colin Christopher Murphy's Legal Cases (183)

West Des Moines, IA

Drug Crime Lawyer at West Des Moines, IA

Practice Areas: Drug Crime, DUI & DWI

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Drug Crime

State v. T.W., Iowa District Court for Story County No. FECR057741

Dec 04, 2019

OUTCOME: Felony Drug Charges Amended and Dismissed

On December 4, 2019 the Story County District Court sentenced my client to credit for time served on amended charges of simple possession of a controlled substance. The state originally charged him wi ... th four felonies, one class B and three class D, for possession with intent to deliver a controlled substance and tax stamp violations. The original class B felony was punishable by a mandatory term of imprisonment up to 25 years and a fine of up to $100,000. Through the aggressive use of pretrial filings, we were able to limit the admissibility of certain evidence and argument that are typically used by the state in these types of cases on the issue of intent in constructive possession cases.

Criminal defense

In the Matter of Property Seized from T.D. and A.S., Iowa District Court for Story County No. SPCV051039

Jan 09, 2019

OUTCOME: Forfeiture of $760, Smart Phone and Wallet Prevented

On January 9, 2019 the Story County district court ordered the Iowa State Police Department and the Central Iowa Drug Task Force to return $760, a smart phone and wallet to their respective owners foll ... owing a hearing on their Application to Return Seized Property.

Criminal defense

State v. T.D., Iowa District Court for Story County No. FECR057001

Aug 02, 2018

OUTCOME: Felony Drug Charges Dismissed

On August 2, 2018, the Story County district court granted the State's motion to dismiss class B felony possession with intent to deliver methamphetamine, class D drug tax stamp charges and a second or ... subsequent offense enhancement (up to 80 years in prison total) following a favorable pretrial ruling suppressing 1,800 grams of methamphetamine. The contraband was discovered during a raid by the Central Iowa Drug Task Force at a residence in Ames, Iowa. The court ruled the information presented to the magistrate to establish probable cause was too stale to support a search warrant. The seizure of 1,800 grams (approximately 3 pounds with an estimated street value of $150,000) was the largest in the history of the CIDTF and ISU PD in Story County. This result clearly demonstrates why those facing any drug charge, whether as a result of a traffic stop or a search warrant, should have an experienced drug defense attorney review the circumstances and challenge the admissibility of evidence by the State. Attorneys who don't prepare and file these motions will LOSE 100 percent of the time.

Criminal defense

State v. D.S., Iowa District Court for Carroll County No. NTA0027685

Jun 27, 2018

OUTCOME: Traffic Charges Dismissed

On June 27, 2018, the Carroll County magistrate judge dismissed a traffic ticket for failing to stop in assured clear distance and assessed costs against the state. My client was charged with rear-end ... ing a piece of heavy farm equipment on the highway in the early morning hours of March 2018. The equipment operator insisted to law enforcement that the equipment was well lit and complied with all traffic laws. However, we were able to affirmatively establish otherwise, i.e., the tractor and equipment were traveling well below highway speeds with no lighting whatsoever from the rear. This is a great example of the firm running down every lead on witnesses and other information to secure an outcome in our client's favor on even a simple misdemeanor traffic ticket.

Criminal defense

In the Matter of Property Seized from N.W., Iowa District Court for Cerro Gordo County No. SPCV070868

Mar 07, 2018

OUTCOME: Forfeiture of Firearm, Smart Phone and USB Drives Prevented

On March 7, 2018 the Cerro Gordo district court granted the return of a 9mm handgun, cell phone and three USB drives that were seized by the Clear Lake Police Department following the execution of a se ... arch warrant. We were able to establish that the property was not contraband, the State did not need it as evidence and there was nothing prohibiting the return of this property to its lawful owner.

DUI and DWI

State v. T.C., Iowa District Court for Cerro Gordo County No. OWOM006311

Apr 01, 2014

OUTCOME: Not Guilty Verdict - OWI First Offense

On April 1, 2014 a Cerro Gordo County jury found my client Not Guilty of the charge of OWI. This was a retrial of the same charge on February 18, 2014 when a mistrial was granted after 1 juror held ou ... t against 11 others who voted to acquit. We successfully raised reasonable doubt regarding a .085 breath test taken 75 minutes after a traffic stop involving an inoperable rear tail light on a motorcycle. The trial highlighted the problems with breath testing in the absorptive phase of alcohol metabolism as well as the combined measurement uncertainty that showed the breath test could have been under .08 at the time of the stop.

DUI and DWI

State v. K.S., Iowa District Court for Hamilton County No. OWCR338016

Mar 19, 2014

OUTCOME: OWI Charge Dismissed

On March 19, 2014 the district court granted the State's voluntary application to dismiss the charge of OWI following a successful pretrial ruling suppress evidence of a breath test. We challenged whe ... ther the arresting officer's refusal to permit my client to see his parents was allowed under Iowa Code section 804.20, which permits persons in custody to call, consult and see a family member on request as soon as they arrive at the place of detention. The court suppressed the test result and, a few weeks later, the state dismissed the charge. We successfully raised the same issue with the DOT in order to preserve my client's driving privileges.

Drug Crime

In the Matter of the Property Seized from G.A. and J.D., Iowa District Court for Cerro Gordo County No. SPCV068293/SPCV068294

Feb 14, 2014

OUTCOME: Forfeiture of $25,000 Prevented

On February 14, 2014 the district court ruled that the State failed to carry its burden showing by a preponderance of evidence that the $25,000 seized during a traffic stop was the proceeds of a drug t ... ransaction or money to be used in the commission of a drug offense. We successfully objected to evidence of ion scan testing that presumably showed trace amount of certain narcotics on certain bills (isn't all money in circulation contaminated with drug residue?).

Criminal defense

State v. H.C., Iowa District Court for Cerro Gordo County No. STA0067156

Feb 13, 2014

OUTCOME: Not Guilty Verdict - Unsafe Railroad Crossing

On February 13, 2014 the magistrate returned a verdict of not guilty in a case alleging an unsafe railroad crossing in violation of Iowa Code section 321.341. The evidence showed that the Union Pacifi ... c Railroad and local law enforcement were engaged in a combination safety and enforcement operation designed to highlight railroad crossing safety. For a news account of the operation that day, see http://globegazette.com/news/local/train-safety/article_4faf24b9-bd50-5440-823c-99a297b1d472.html. There was conflicting testimony whether my client came to a complete stop at the crossing before continuing on despite the fact that the train was approximately 100 yards away, traveling 10 mph with no whistle. This discrepancy was enough to generate reasonable doubt in the mind of the court. The lack of video footage proving the failure to come to a complete stop was a factor considered by the court.

DUI and DWI

K.S. v. Iowa Dep't of Transp., No. 13DOTOW3525

Jan 31, 2014

OUTCOME: Driver's License Revocation Rescinded

On January 31, 2014 the administrative law judge rescinded and removed the revocation of my client's driving privileges for a breath test failure after we established the arresting deputy, a former tro ... oper with the Iowa State Patrol, failed to honor a timely request by my client to see his parents at the jail before deciding whether to submit a breath sample for chemical testing. Under Iowa Code section 804.20, a person arrested has the right to "call, consult and see" a family member without delay at the place of detention. Simply providing the opportunity to place a phone call is not enough if the driver also wants to see his family.

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