In Iowa, you can be arrested, tried and convicted for possession of an illegal substance, whether you have the intent to sell or not. You can be convicted of felony distribution or intent to distribute even if you don’t sell, but simply give or intend to give the drugs to another person. The illegal substances are …
Category: Legal
How Illinois Marijuana Legalization will Affect Iowans
Illinois Governor J.B. Pritzker recently signed a new bill legalizing the sale and possession of marijuana starting January 1, 2020. Here is how the sale of legal marijuana in Illinois may affect Iowans. Purchasing & Possessing Marijuana in Illinois With the new legalization law, non-residents, including Iowans, will be able to purchase and use marijuana …
Your Right to an Independent Chemical Test
According to Iowa law, when you are arrested for an OWI, you have the right to an independent chemical test. This test would be in addition to any breath or urine tests administered by the arresting officer, and would come at your own expense. However, there is no independent chemical test right unless and until you …
Expungeable Offenses in Iowa
If you have been convicted of public intoxication or PAULA (Possession of Alcohol Under the Legal Age) you can get these charges expunged from your record in the state of Iowa. Requirements for Expungement To get your public intoxication or PAULA charge expunged, you must go 2 years (from the date of your conviction) without any law …
What is Accessory?
You don’t always have to be the one who commits a crime to be charged with a criminal offense. Just assisting someone who you know will commit or who has already committed a crime is grounds for arrest and imprisonment. An accessory is someone who assists or encourages or facilitates a crime, or knowingly helps …
How Does Bail Work in Iowa?
Understanding how bail works in Iowa can help you or a loved one be prepared so that you can ensure a speedy release after arrest. What is bail? Bail is the amount of money you must pay to be released from jail while your case is pending. By posting bail, you are agreeing to appear …
License Revocation
Iowa no longer revokes drivers’ licenses for most drug possession convictions. However, what few realize is if you have had your driver’s license revoked for a drug-related conviction, and it is still revoked as a result, you probably can have it reinstated, because the law is retroactive. Iowa House File 2502, signed into law …
What is Implied Consent?
As a condition of your ability to drive in the state of Iowa, the law implies that you agree to consent to the withdrawal of a specimen of your breath, urine, and sometimes blood to determine the level of alcohol or other substances in your system, if certain predicate circumstances exist, i.e. there are reasonable …
What You Need to Know About Coerced Confessions
A coerced confession is one that is not given voluntarily. This can be a result of physical intimidation, threats, or unlawful promises of better treatment. Iowa Coerced Confession Law In Iowa, the police are strictly prohibited from threatening worse treatment or promising better treatment to obtain your confession or get you to talk. Iowa Courts have …
How Quickly Can I Drive Again After an OWI in Iowa?
How quickly you can drive again after an OWI in Iowa depends on a variety of factors, including: your number of previous offenses or revocations your age at the time of the offense consent or refusal to take the breathalyzer test First Offense After your first OWI offense, with some exceptions, typically you will lose your …
What You Need to Know About Your Miranda Rights
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights …
Bill Proposes all OWI Offenders Install Ignition Interlocks
Legislators in the Iowa House recently introduced a bill that would require anyone arrested for drunken driving to install an ignition interlock device in their vehicle. Iowa’s law currently states that first-time offenders, who were not involved in an accident and whose blood-alcohol level was between .08 and .10 at the time of the arrest, …