Criminal Possession

Overview

You’ve been charged with possession of a controlled substance, now what?

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Under Iowa law Possession of a controlled substance is a violation of Iowa Code Section 124.401(5). To be convicted of Possession the State must prove that the Defendant (1) had dominion or control of the substance, (2) that the Defendant had knowledge of its presence and (3) that the Defendant knew that it was a controlled substance.

The state can prove possession by proving that you actually possessed it (such as having it on your person) or that you constructively possessed it (such as having it in your glove box). In both cases the state must prove that you had actual control or the authority have to control over the substance, that you knew that it was there (such as on your person or in your glove box), and that you knew it was a controlled substance. Possession can be sole or joint. If you alone have possession of something then possession is sole. However, if you and one or more individuals share possession then possession is joint.

For all controlled substances with the exception of marijuana, a conviction for possession of a controlled substance first offense is a serious misdemeanor punishable by up to 1 year in the county jail and a fine between $315.00 and $1,875.00. A second offense is an aggravated misdemeanor and punishable by up to two years imprisonment and a fine between $625.00 and $6,250.00. A third offense is a Class D Felony punishable by up to five years imprisonment and a fine between $750.00 and $7,500.00.

The legislature has carved out an exception for possession of marijuana in Iowa. A conviction for possession of marijuana first offense is a hybrid serious misdemeanor punishable by up to 6 months in the county jail or a fine between $315.00 and $1000.00. A second offense is a serious misdemeanor punishable by up to 1 year in the county jail and a fine between $315.00 and $1,875.00. A third offense is a is an aggravated misdemeanor and punishable by up to two years imprisonment and a fine between $625.00 and $6,250.00. 

    know that it is paramount for you to have an aggressive defense attorney at your side when walking into an Iowa courtroom. Regardless of what charges you are facing, you still have rights that should be upheld and protected. I am fully committed to each one of my clients, whether they have been charged with criminal trespass, resisting arrest, domestic violence, DUI or any other criminal charge in Iowa. When you retain me as your criminal lawyer, you have the assurance that you have a criminal defense attorney who will:

    • Thoroughly and completely represent your rights regardless of your alleged crime or background
    • Provide you with the individualized and personalized attention that you and your case merit
    • Aggressively represent and defend you whether in or out of the courtroom
    • Continue to stay current on any developments in your case and communicate with you regarding the same

    When you are facing criminal charges in Iowa, you need a criminal attorney who is committed to providing you with the very best representation possible. Nicholas Lombardi Law Firm has the expertise necessary to ensure that your rights are upheld and protected at each step of your case.

    I know that this is one of the most difficult things you will face in your life, and will treat you with all the dignity and respect that you deserve while at the same time pursuing every possible angle for your defense.

    A conviction for a criminal charge can bring with it severe consequences and a lifelong stigma as a convicted criminal. Consequently, it is essential that you have the very best criminal defense as you attempt to defend yourself against these charges. Even if you know you are innocent, even if you think that the prosecution’s case against you is weak, even if you suspect that much of the supposed evidence against you was gathered in violation of your rights, it behooves you to have an experienced and knowledgeable defense lawyer working diligently to prove all of those things on your behalf.

    The court system can be very difficult and overwhelming to navigate, but  I have the necessary experience to walk you through each step of your case and to help you achieve the best possible outcome.

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    Mr. Lombardi was a very helpful attorney. He got me just what I was praying for on my OWI case. He always called me right back or as soon as possible the same day I would send him a text. He didn't abandon me when the case was over. He still takes my calls and answers questions I have. He was very professional and nice and patient. I would higher him again in a second. I just hope I don't have too.

    Lisa Musso

    Highly recommend Nick. He knows his stuff and will go above and beyond for you. He answered all my questions and put my anxiety and ease. Great Attorney and all around great guy.

    Cole LaRue

    Great guy! Can't express how well he did for me! Goes above and beyond! I highly recommend anyone needing legal advice give him a call!

    Clark Newbury

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