Penalty enhanced many people do not realize that repeated convictions for marijuana possession can serve as predicate offenses to charge the defendant with a more serious, penalty enhanced possession. This is true even if the most recent and charged conduct is simple possession with no specific intent to deliver or actual delivery. Become an informed legal consumer. If you or a loved one have been arrested for a serious misdemeanor, contact David A. Cmelik Law PLC.
A person who has twice been convicted of possession of marijuana and is facing criminal prosecution in Cedar Rapids of Iowa Code § 124.401(5) et seq, possession of marijuana, can be charged with an aggravated misdemeanor, punishable by at least 48 hours in jail, fines ranging from $625 to $6250, jail up to one year, or, in the alternative, prison up to two years (indeterminate). The prison sentence is not mandatory. The Court is free to suspend any prison sentence and place the defendant on probation.
Two elements of the offense include certified records of the conviction or testimony and/or court personnel testimony that the previous convictions were entered of record. There is no time limit on the offenses like there is in an OWI (DUI) case.
For example, in an OWI, Iowa Code § 321J.2, to categorize the offense as a second or third offense, the State must prove as an element of the offense that a conviction entered within the last twelve years. That’s not true for penalty enhanced drug possession. It could be more than that.
If you or a loved one has been arrested for Possession of a Controlled Substance, penalty enhanced or otherwise, contact David A. Cmelik Law PLC at 319-389-1889 or https://www.daclawfirm.com. But remember that a blog is not legal advice and no attorney-client relationship is established by sending unsolicited information to an attorney over the Internet.
If you or a loved one has been charged with a felony in Cedar Rapids, Iowa City, Waterloo, or other Iowa community, note that a blog is not an adequate substitute for actual legal advice. No attorney-client relationship is established by reading such a blog nor by sending unsolicited information to an attorney over the Internet. Contact David A. Cmelik Law PLC for an initial consultation today.
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