Legal Question in Criminal Law in Iowa

Cousin got arrested in page county for meth with intent to deliver she had 5 grams on her. And 2 cases that went to drug court and had to go through rehab. I'm wanting to know is she looking at 25 years?


Asked on 5/06/17, 9:53 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

You asked me this before and again it is hard to say without knowing what section of the code she was charged with, whether there were firearms involved, whether she was within a certain distance from a school, whether children were in the home at the time, whether she's cooperating with the police and on and on it goes.

You didn't tell me what the disposition of the drug court cases was or whether she had rehab as a condition of probation and whether she busted out of that.

There's also the pissoff factor. If people piss off the cops or the DA they may end up in federal court and there's no parole there. If it is under 5 grams the penalties are less but if over, they're harsh.

Felonies are punished in Iowa thus:

D felony-5 years C felony 10 years B felony 25 years-or special B felony 50 years A felony life without parole.

In addition if the defendant like your cousin is within immediate reach of a firearm 3x the original sentence and if within 1000 feet of a school park pool or school bus an extra 5 years.

Likewise, depending how the cases in Nebraska were resolved that could get her into 3x the punishment.

If she has an attorney it's time to start shopping for a deal that will get her out before she's an old lady.

If that person is Stacy Jean or Cynthia, she's been charged with possession with intent-more than five grams.

So you're right up to 25 years x 3 with priors.

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Answered on 5/07/17, 12:07 pm


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