Legal Question in Criminal Law in Iowa

Ok I got pulled over for driving while revoke they found a half a joint k when I went to get booked in they pulled me into a interagation room a nother man came in an start telling me that I was involed in selling meth a year an a half a go the guy told me I was going to be arrested know matter what unless I helped tgem I said know I havent been involved in that activities In. Over a year I said know to helping him an the MN he let me booked in on the driving an weed then the man I talked yo called an had my 5000 dollars seized could b they b charge like he said even if im looking for work an changed my life around


Asked on 8/18/13, 9:32 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

As I see it you have two issues. Can they arrest you based on an allegation that you've been involved in the meth trade which you say was about a year ago unless you cooperate, and whether it was legal for the state to seize the money you were carrying.

The first problem you have here is that you were carrying a large amount of cash and some drugs, and, you were driving while revoked. Iowa Code section 809A.3 says:

809A.3 CONDUCT GIVING RISE TO FORFEITURE.

The following conduct may give rise to forfeiture:

1. An act or omission which is a public offense and which is a

serious or aggravated misdemeanor or felony.

2. An act or omission occurring outside of this state, that would

be punishable by confinement of one year or more in the place of

occurrence and would be a serious or aggravated misdemeanor or felony

if the act or omission occurred in this state.

3. An act or omission committed in furtherance of any act or

omission described in subsection 1, which is a serious or aggravated

misdemeanor or felony, including any inchoate or preparatory offense.

4. Notwithstanding subsections 1 through 3, violations of chapter

321 or 321J shall not be considered conduct giving rise to

forfeiture, except for violations of the following:

a. Section 321.232.

b. A second or subsequent violation of section 321J.4B,

subsection 2, paragraph "b".

c. Section 321J.4B, subsection 9.

That means that yes, they can seize your money, on notice and an opportunity to be heard.

As to the involvement in meth activities, the statute of limitations on felonies other than murder and sex abuse crimes is three years except for simple misdemeanors which are one year. See, Iowa Code chapter 802.

They can prosecute you if they have the facts to support a charge.

I must say, however, if you were looking for work and trying to change your life around, you wouldn't have been driving on a revoked license with drugs and a large amount of cash on board. That complicates your situation immensely for whoever defends you.

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Answered on 8/19/13, 6:12 am


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