Wednesday, August 21, 2013

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.  

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