Potential Defense Strategies for Iowa Drug Possession Charges 

Were you charged with drug possession? If so, you need strong legal representation to defend you against the charges. An experienced drug possession defense attorney can explain the charges and potential consequences. They will work hard to challenge the alleged evidence against you and build a strong defense case on your behalf. 

What Defenses Are Available for Possession Charges? 

A drug possession charge in Iowa requires that you knowingly or intentionally had control (or “dominion”) over an illegal controlled substance. The prosecutor must prove all elements of the crime to convict you. Your attorney will challenge the prosecution’s purported evidence against you. How will they do this? Your lawyer will offer legal defenses to the charges depending on the unique circumstances of your case. 

Some common defenses to drug possession charges include the following: 

• Illegal search and seizure – If a law enforcement officer found drugs during an improper arrest, illegal traffic stop, or at your home when they did not have a warrant, your attorney may file a motion in court to suppress the evidence. If the court grants the motion, the evidence obtained during the illegal search and seizure cannot be used. Without the necessary evidence, the court may dismiss the charges against you. 
• Lack of knowledge or control – To be convicted, you must know about the controlled substance and intend to possess it. If you face charges for “constructive possession,” meaning law enforcement found the drugs in a location within your control (such as your home or vehicle), your attorney may argue that you were unaware of the presence of the drugs and that other people, such as your roommates, had access to where they were found.
• Flawed lab analysis – Depending on the alleged facts and circumstances that led to your charges, your attorney may challenge the chain of custody of the controlled substance or argue that the equipment used to test the substance or the testing process that revealed the substance was an illegal drug was defective.  

How Can a Lawyer Help Me Seek a Reduced Charge or Minimal Sentence? 

Your attorney may negotiate for a reduced charge or sentencing. Some common avenues for negotiating your best outcome include the following: 

• Plea bargain – Your lawyer may negotiate with the prosecutor for a lesser charge (or reduced sentence) in exchange for your guilty plea. Negotiating a plea is one way to control the consequences you face rather than proceeding to trial, in which the outcome is out of your hands. Under Iowa law, you can enter a guilty plea conditional on the judge’s approval, meaning you can withdraw the plea if the judge rejects the deal. 
• Deferred judgment –  If this is your first offense, you may be eligible for a deferred judgment. If you plead guilty, the court may put you on probation. If you meet all the conditions of your probation, the court can dismiss your charges. 
• Diversion program – If you are a first-time offender, you may be eligible for a diversion program, resulting in the charges being dismissed without a criminal conviction. Diversion programs may require that you attend drug education classes or perform community service.

Call Vogel Law, PLLC, Today 

The experienced and knowledgeable criminal defense attorneys at Vogel Law, PLLC,  understand how difficult it can be to face drug charges. We know this can be a dark time in your life. Rest assured, you do not have to navigate the Iowa criminal justice system alone. You can trust us to thoroughly investigate the circumstances of your charges, build a strong case on your behalf, and vigorously advocate for your best outcome. Contact us today to speak to a criminal defense attorney in a confidential consultation.