Legal Question in Criminal Law in Iowa

Drug charges

Can you be charged with posession of a controlled substance that was found in paraphanelia that you were never charged with? By finding residue in pipes that you were never charged with, how can whats in the pipe be considered yours if the pipe wasn't considered yours. The paraphanelia charges were dismissed, can they bring them back on you after you plead guilty to another charge to get them dropped?


Asked on 8/27/08, 1:24 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Drug charges

It sounds like you were actually charged with the paraphernalia charge and then they were dismissed. I do not see any reason why the state can't file on you, but you've got the makings of a double jeopardy argument that might fly.

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Answered on 8/27/08, 11:36 pm


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