Drug Crimes Attorney
in Nevada, Iowa

According to the Federal Bureau of Investigation (FBI), in 2018, approximately 1,654,282 arrests were made for drug law violations in the United States. In Iowa, drug crimes can include drug manufacturing, possession, delivery, and possession with the intent to deliver a controlled substance. If convicted of a drug crime, the defendant could be facing hefty fines, lengthy prison sentences, and other potential social ramifications.

If you have been arrested and charged with a drug crime or if you are under investigation for a drug offense, it is crucial that you retain an aggressive and highly-skilled criminal defense attorney to protect your rights and craft a strong defense. For over 30 years, I have been committed to providing comprehensive guidance and aggressive representation in drug law violation cases. As your attorney, I will fight strongly to defend your rights and ensure that you get fair treatment.

Olberding Law Office is proud to serve clients throughout Nevada, Iowa, and the surrounding communities of Story County, Marshall County, Boone County, Hamilton County, and Hardin County.

Common Drug Charges in Iowa

In Iowa, a person can be charged with any of the following drug-related offenses:

Possession of a Controlled Substance

The possession, distribution, and use of certain illicit and prescription drugs are controlled by law enforcement agencies at both the state and federal level. If you’ve been found to be in possession of a controlled substance or controlled substances have been found on a property registered in your name, you may be subjected to criminal prosecution.

Manufacturing of a Controlled Substance

Drug manufacturing occurs when an individual partakes in any process involved in creating an illicit drug or controlled substance. Such activities can include growing marijuana, mixing chemicals, and cooking methamphetamine. In fact, assisting in the drug manufacturing process qualifies as drug manufacturing and may subject the accused to criminal prosecution.

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Distribution of a Controlled Substance

A person may face drug distribution charges in Iowa if there are substantial pieces of evidence that suggest the person engaged in transporting or selling a controlled substance.

Possessing with the Intent to Deliver a Controlled Substance

Additionally, an individual may be facing “possessing with the intent to deliver a controlled substance” charges if the quantity of the drug found in the person’s possession is considerably more than a reasonable amount meant for personal consumption.

Federal vs. State Charges

Drug crimes that cross from one state to another (for instance, drug trafficking or transporting) may be prosecuted by federal authorities. In such situations, federal and state prosecutors may file separate charges against the defendant. However, due to the “Double Jeopardy” clause in the Fifth Amendment to the U.S. Constitution, it’s important to remember that an offender cannot be prosecuted twice for the same offense.

Drug Schedules

In Iowa, controlled substances are categorized into five “schedule classifications” that dictate the level of charges and potential consequences of a conviction. These classifications include:

  • Schedule I: These are drugs with a high potential for abuse and not permissible for medical use. They include opiates and certain stimulants. (Iowa Code Ann. Section 124.203.)
  • Schedule II: These substances have a high potential for abuse but are severely restricted for medical use and treatment. They include raw opium and cocaine. (Iowa Code Ann. Section 124.205.)
  • Schedule III: These substances have a high potential for abuse but less than Schedule I or Schedule II drugs. They are severely restricted for medical use and treatment. They include some depressants, stimulants, LSD, and anabolic steroids. (Iowa Code Ann. Section 124.207.)
  • Schedule IV: These are substances with an even lower potential for abuse than Schedule III drugs. They include depressants and stimulants, such as butorphanol and flurazepam. These are also often acceptable for medical or treatment purposes. (Iowa Code Ann. Section 124.209.)
  • Schedule V: These substances have an even lower potential for abuse compared to Schedule IV substances. This category of drugs includes limited quantities of narcotics, precursors, and methamphetamines. They are accepted for both treatment purposes and medical use. (Iowa Code Ann. Section 124.211.)

What Are the Penalties for
Drug Charges in Iowa?

According to Iowa Code Ann. Section 124.401(5), the criminal penalties for possession of a controlled substance will depend on whether the violation is a first or subsequent conviction. Some possible penalties include:

First Conviction

  • Charges: Serious misdemeanor
  • Fines: Between $315 and $1,875
  • Prison Sentence: Up to one year in jail

Second Conviction

  • Charges: Aggravated misdemeanor
  • Fines: Between $625 and $6,250
  • Prison Sentence: One year in jail (plus fine) or up to two years in prison with no fine

Third and Subsequent Convictions

  • Charges: Class D felony
  • Fines: Between $750 and $7,500
  • Prison Sentence: Up to five years in prison

Possible Defenses for Drug Charges in Iowa

If the drug charges against an alleged defendant are false, your attorney may present a number of different legal defenses, including the following arguments:

  • The drugs belong to someone else
  • The drugs were obtained using illegal search and seizure
  • The accused is a victim of entrapment
  • The drugs were planted

Hire an Experienced Drug Crimes 
Defense Attorney in Nevada, Iowa

Drug crimes are serious offenses that can be severely punished in Iowa. If you are facing drug charges without a skilled criminal defense attorney on your side, you run the risk of suffering the maximum punishment if convicted. Hiring an experienced Iowa criminal defense attorney immediately is important to help defend your rights and outline a strong legal defense that can help you achieve the best possible outcome for your case.

At Olberding Law Office, I have dedicated my career to providing vigorous representation in drug crimes matters. As your legal counsel, I will review every detail of your case, conduct a comprehensive investigation, and determine an effective defense strategy to establish a strong defense. Using my extensive experience, I will help you navigate the criminal justice system and fight aggressively to defend your rights. With over 30 years of legal knowledge and experience on your side, I will do everything I can to improve your chances of a favorable outcome and help you see a better tomorrow.

Experienced Drug Crimes
Attorney Serving Nevada, Iowa

Are you under investigation for a drug crime? Contact the Olberding Law Office today to schedule a one-on-one case evaluation. As a knowledgeable Iowa criminal defense attorney, I will fight vigorously to refute the charges against you using evidence, protect your rights, and do everything I can to keep you out of jail. Regardless of the charges you may be facing, I’m proud to serve clients throughout Nevada, Story County, Marshall County, Boone County, Hamilton County, and Hardin County, Iowa. Call today to get the help you need.