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General Overview Drug Crimes

How long have you been handling drug related cases in IA?

We, at The Smith Law Firm have been defending drug related cases for over 10 years.

What are the most common drug offenses committed in IA that you handle?

The most common drug case we handle are cases dealing with possession of marijuana.

What determines whether a drug charge falls under misdemeanor or felony in IA?

There are many factors that determine whether a drug charge qualifies as a misdemeanor or a felony. For example, the quantity of drugs found on a person can be a factor on whether it's charged as a misdemeanor or felony.  Other factors include whether there is evidence of delivery of drugs, or whether one has prior convictions of drug offenses.  Always consult with a competent criminal defense lawyer if you are facing drug charges.

Please tell me, what is an unlawful controlled substance?

A controlled substance is a drug, substance, chemical or precursor whose manufacture, possession, or use is regulated by the government, such as illicitly used drugs or prescription medications that are designated as a scheduled controlled substance.

What is considered drug trafficking under IA law?

Drug trafficking in Iowa is an illicit trade involving the manufacture, distribution/delivery and or sale of substances which are subject toIowa's drug prohibition laws.

Can a police officer execute the search of automobiles and your home without a warrant?

Generally, a police officer cannot search your car or home without a warrant. However, there are some important distinctions between the ability of police to search your car compared with the search of your home.  Due to the mobile nature of cars and their intended use, you are afforded less privacy rights in cars than in your home.  Although you may have the greatest amount of privacy rights in your home, there are some limited exceptions to the warrant requirement that would enable a police officer to search your home without a warrant.   If you find yourself the subject of a search without a warrant, always call a criminal defense attorney right away to discuss your rights and what options you may have.

As a passenger in a motor vehicle, can I also receive a drug related charge if it is not my vehicle?

Yes, you can be charged with a drug offense if you are found to possess a controlled substance while in another's automobile. Possession of a controlled substance is a legal term and once the elements are met for possession, one can be charged regardless if you own the vehicle.