Possession With Intent

In Iowa, in order to be convicted of Possession With Intent to Distribute, the State must prove:

1.  The defendant knowingly possessed a controlled substance.

2.  The defendant knew the substance was a controlled substance.

3.  The defendant possessed the substance with the intent to deliver it to another person.

Iowa Code Section 124.401(1)

What that all mean is essentially this: if you didn't know there was a controlled substance on your person or in your immediate area, you can't be convicted of possession with intent.  If you had a controlled substance, but weren't planning on giving it to someone else, then you can't be convicted of this crime, either.  

If you or someone you know has been charged with a drug crime and you need an attorney willing to put your case to a jury, or if you have other criminal law questions, please contact JHD Law at (515) 875-4818, www.jhdlawfirm.com, or via Twitter @JHDLaw.  

Plea Bargains In Iowa

          Perhaps you've seen some "lawyer show" on TV where a prosecutor offers a deal to someone to get him or her to plead guilty without a trial.  Invariably, the offer is made to appear like a promise; like a guarantee that if the person pleads to what the prosecutor is offering, he or she will definitely get "the deal."

          The reality is actually much different.  You see, in real-life, judges always maintain sentencing authority and discretion.  That means a judge is always able to sentence you to anything within the legal parameters of the crime for which you stand accused. 

          For example, if you're accused of a Serious Misdemeanor, the minimum penalty is a fine of $315 and the maximum is a fine of $1875 and a year in jail.  No matter what deal the prosecutor has offered, a judge is free to sentence you anywhere within that range.

          What prosecutors and defense attorneys do is make recommendations to the judge. When prosecutors make plea deals with defendants, they are only promising to recommend those deals to the judge; they are not promising what sentence they'll actually get.  The judge decides that.

          But what happens when a prosecutor and a defense attorney don't agree on a recommendation?  That's when a defense attorney's powers of persuasion really come into play.  His job will be to convince the judge to see it your way, even though the prosecutor is arguing for a different result. 

          If you need a persuasive attorney to help you avoid an unfavorable sentencing recommendation, or if you have other criminal law questions, please contact JHD Law at (515) 875-4818, www.jhdlawfirm.com, or via Twitter @JHDLaw.