Des Moines Cocaine Possession Lawyer
Protecting You Against Cocaine Possession Penalties in Des Moines, Iowa
If you've been charged with possession of cocaine or another coke crime you need to contact a cocaine lawyer in Des Moines Iowa.
If you're potentially facing a criminal charge, contact a narcotics lawyer immediately. Prison time will interfere with your family life and with your ability to get employment that you're likely to find fulfilling and engaging. Law enforcement will arrest you whether or not your drug offense arose from addiction.
If you have a substance abuse problem, seek treatment immediately. Getting clean can be the best thing you'll ever do for yourself and for your loved ones. Drug treatment could save your life. If you have a substance abuse problem or cocaine addiction, drug court may be available for your cocaine charge in some counties.
Call (515) 200-2787 or reach out online for a free consultation with our cocaine possession lawyer in Des Moines to discuss your case.
What is Cocaine?
Cocaine is an addictive stimulant drug. While all cocaine comes from the coca plant, cocaine is sold in different forms. Cocaine base or crack cocaine is prepared for smoking and inhalation. Powdered cocaine can be snorted, injected, inhaled, or eaten. Penalties for crack cocaine and freebase cocaine are usually more severe than penalties for powder cocaine.
What is Cocaine Possession in Iowa?
Iowa Code Section 124.401(5) is one of Iowa's most commonly enforced drug laws. This section prohibits possession of a controlled substance. This includes things like marijuana possession as well as meth. Simple possession is the least serious drug offense.
Possession, identity of the substance, and knowledge are the elements of a simple possession charge in Iowa. In order to convict, the county attorney must prove all elements beyond a reasonable doubt. The prosecuting attorney can prove the possession element by showing either actual possession or constructive possession.
Your cocaine possession charge could be anything from a serious misdemeanor through a felony. Any drug offense that is an aggravated misdemeanor or worse carries a possible prison sentence. A defendant could get five or more years in prison for felony possession. Possessing cocaine is often a more serous charge than possessing marijuana. It's important to take a cocaine offense seriously.
In order to prove simple possession on a drug charge for criminal possession, the prosecuting attorney must either show actual possession or constructive possession.
What are the Penalties and Sentencing for Possession of Cocaine?
Depending on whether you're accused of having a small amount of cocaine for personal use or whether you had a pile of powder and the State thinks you planned to sell it, you could be looking at anything from a serious misdemeanor with a minimum two-day jail sentence (that can be suspended) up to a "special" Class B felony with a possible fifty-year prison sentence and up to $1,000,000 in fines.
Working with a skilled Des Moines cocaine possession attorney can ensure that you have the best chance of defending yourself against the charges.
Here’s a closer look at the potential consequences:
Simple Possession:
For possessing less than five grams of cocaine, the offense is typically classified as a serious misdemeanor. If convicted, the penalties may include:
- Up to 1 year in jail
- A fine between $315 and $1,875
- Probation or parole
- Drug counseling or rehabilitation programs
- Suspension of driver’s license for up to 180 days
Possession with Intent to Deliver:
For larger quantities of cocaine, possession with intent to deliver is classified as a felony in Iowa. Penalties for felony charges can include:
- Prison time (up to 10 years for 5-100 grams, 25 years for amounts greater than 100 grams)
- Fines ranging from $7,500 to $100,000 depending on the amount of drugs involved
- A permanent criminal record, which can affect employment, housing, and other areas of life
- Supervised release after serving time in prison
Additionally, if there are aggravating factors, such as being in a school zone or near a park, the penalties could be more severe.
Powder cocaine is treated differently than "crack" or cocaine base under Iowa law.
What are Common Defenses Against Cocaine Possession Charges in Iowa?
Facing cocaine possession charges can be overwhelming, but there are various defenses that may reduce or even dismiss the charges entirely. A Des Moines cocaine possession lawyer will carefully evaluate the details of your case to determine which defense strategies may apply.
Common defenses against cocaine possession in Iowa include:
- Unlawful search and seizure. Under both Iowa and federal law, law enforcement officers are required to follow strict protocols when conducting searches. If they did not have a valid warrant, probable cause, or consent to search your vehicle, home, or person, any evidence they gathered may be deemed inadmissible in court.
- Lack of knowledge or control over the drugs. If cocaine was found in a shared space or in someone else’s possession, the prosecution may not be able to prove that you knowingly had control over it.
- False accusations or mistaken identity. If you were falsely accused of possessing drugs you did not own, a Des Moines cocaine possession attorney will work to gather evidence supporting your claim that the drugs did not belong to you.
- Entrapment. Law enforcement officers coerce or induce someone to commit a crime they would not have otherwise committed.
Coke Possession Deferred Judgment
You could be eligible for a deferred judgment if you plead guilty or are convicted. Talk to your Des Moines cocaine possession lawyer about your options.
How Can an Iowa Cocaine Possession Defense Lawyer Help?
Need help finding reasonable doubt on your alleged cocaine crime? An Iowa cocaine possession defense lawyer can help you assess the likelihood of acquittal on your powder cocaine or crack cocaine possession charge. A criminal defense lawyer experienced with cocaine crimes can assess your drug possession charge if you are facing a cocaine charge or other drug crime.
After a drug bust, an Iowa cocaine possession defense lawyer can review your drug charges and advise you about a possible drug defense. Your defense attorney can review any search or seizure made during a drug bust for violations of your Fourth Amendment rights. A lawyer for drug crimes in Des Moines, Iowa will try to have inadmissible evidence suppressed so that your charges might be reduced, dismissed, or thrown out.
If you are facing cocaine possession charges, reach out to our office today by calling (515) 200-2787. With the help of a Des Moines cocaine possession lawyer from Clark & Sears Law, you will have an advocate dedicated to protecting your rights and securing the best possible outcome in your case.
