Have you been arrested for drug possession in Iowa? Or do you know someone who has been arrested by mistake with a drug possession in Iowa? How do you even know that it was done in a mistake?
These facts will give you an insight into how to know and what to do during these cases.
Incorrect drug type identification
It is often for police officers to quickly arrest someone who has powder or substance on them. They may even immediately assume that it is an illicit drug when it is just an over the counter painkiller.
If you believe that the drug found on you is not illicit, then an evaluation of the evidence (drug) collected has to be done. If this indeed shows that the drugs are not illegal, then your charge can be immediately dismissed.
Unlawful search and seizure
It is important for you to know your rights. If the officer did not abide the search protocols, such as pulling you over and looking out through your trunk and other areas with no obvious view with any permission or forceful tactics, then that is already qualified as an unlawful act of search and seizure. Any evidence acquitted in that manner cannot be used against you.
Why?
Only drugs that are visible in plain view can be taken by an officer and those that are not cannot be used against you.
Entrapment
You may have watched this over several tv shows, but if an officer pressures anyone to lure a suspect into a situation for them to break a law, then this act can be used in defense of the accused. However, you’ll need the expert skills and knowledge of a criminal defines lawyer to make this happen. Thus, it is important to seek the help of a lawyer as soon as possible after your arrest.
NOTE: In these cases, remember not to speak to anyone unless he or she is your lawyer.
Lost Drug Evidence
In your hearing, it is common for the attorney of the accused to request the prosecutor to bring the exact drugs that have been confiscated. If the drug got lost, then this can be considered a good reason for your case to be dismissed.
Take note of all of these facts when faced with a drug possession arrest. Tell these to your trusted criminal defense lawyer so he or she can craft a case in your defense.
About Corey Goldensoph
Corey Goldensoph is a native Iowan who is also a member of The National Trial Lawyers Association Top 100 Trial Lawyers of 2014, the National Association of Criminal Defense Lawyers, The National Association of Drug Court Professionals, the Linn Country Bar Associations, and the Iowa Bar Associations. He also aids in Theater Cedar Rapids and the Cedar Rapids Jaycees. Learn more about him.