So you’ve been accused of being in possession of a controlled substance. Whatever the situation that lead you to your upcoming encounter with the Iowa criminal courts, our attorneys can help. Maybe you are guilty and realize your mistake or you may have been unfairly charged, and you feel as if you’ve been wrongfully accused.
Every day, people are charged with drug offenses. These people aren‘t always the stereotypical drug user. It’s highly likely that you are just a regular person; not a junkie or a transient.
Still, facing drug charges has its way of causing shame and embarrassment. we know what you are up against and want to help.
If you’ve been wrongly accused, we will do everything in our power to fight for your freedom and justice. Or if you want to admit a mistake you are ready to accept responsibility for your actions, you still need a strong advocate to insure you are treated fairly, and not railroaded into a tough punishment beyond what you deserve. Everyone makes mistakes, and deserves fair treatment and a second chance.
Iowa Drug Classifications
In each state and under federal law, drugs are classified by how dangerous they are and the likelihood of addiction. The classification of a drug helps the law organize the potential penalties one may face for a law violation.
Drugs are classified by “schedule”.
Schedule I Drugs are considered the most dangerous and highly addictive. Drugs included in this category are heroin, LSD, mescaline, and even marijuana.
Schedule II Drugs have a “high potential for abuse” but may have a valid medical use. Drugs classified as Schedule II include morphine, codeine, oxycodone, methamphetamines, and cocaine.
Schedule III Drugs have an acceptable medical use but still carry a moderate risk for abuse. In this schedule are certain stimulants, depressants, and steroids.
Schedule IV Drugs have acceptable medical uses and a low risk of dependency. Drugs included here are slightly less potent stimulants and depressants.
Schedule V Drugs are the least serious and have the lowest risk of abuse and addiction. Any substance that does not fit the requirement of the other schedules, can be put in this category.
Ref: IA St. §124
Iowa Drug Possession Charges
In order to be charged with possession of a controlled substance there has to be reason to believe that you were in control of the substance. This means you don‘t have to have it on your person, that you can be charged with possession if the drugs were under your seat or even in your glove box.
The potential sentence you face for a possession charge depends mostly on your criminal history and if this is your first charge of this kind.
First Offense – Drug Possession
If this is your first charge of possession of a controlled substance, you will generally face a serious misdemeanor charge for most controlled substances. Serious misdemeanors are punishable by up to 1 year in jail and fines of $1875.
Second Offense Drug Possession
If you have previously been convicted of possession of a controlled substance or any other drug offense, you will likely face aggravated misdemeanor charges. An aggravated misdemeanor is punishable by up to 2 year imprisonment and $6250 in fines.
Third and Greater Offense – Iowa Drug Possession Penalties
If this marks the third time you have been faced with a drug charge, your possession charge will likely be a Class D Felony. In Iowa, Class D felonies can carry a 5 year prison sentence and $7500 in fines.
Ref: IA. St. §124.401
Note: The laws regarding marijuana possession are slightly different. Please read the section on Iowa marijuana charges.
Iowa drug laws can be confusing. Our lawyers know our way around these laws after successfully defending many clients against possession charges.
If you are facing possession charges of any kind and unsure of where to turn, call for a case evaluation today. You will get some free legal advice and we can discuss what we can do for your case. Authentic Jersey