One of the most common drug-related charges in Iowa City (Johnson County) is Possession of Controlled Substance (PCS)- Marijuana, 1st Offense. This charge is handled differently in Iowa City than in any other jurisdiction in the State.
Foremost, we have the Johnson County Marijuana Diversion Program in place. This program accepts defendants charged with the above offense only when they are found in possession of less than 10 grams of marijuana, have no criminal history and are not charged with another serious offense at the time of the marijuana charge.
The diversion program is a great system for getting a charge dismissed. When defendants qualify, I ask them to complete the requirements even in cases even where there are not guilty, or have a chance to beat the case at a suppression hearing. The diversion program is easier, quicker and less expensive than drawing the case out for a suppression motion or jury trial.
If a defendant does not qualify for diversion, we will argue for a deferred judgment on the PCS charge. A deferred judgment is another excellent outcome for a PCS case. It requires a longer period of time, and more of a cash outlay to the court to complete, but it is another way to avoid a conviction. The biggest drawback is the six-month period of probation that does not begin until the case is resolved. Also, although it does not result in a conviction, it does require a guilty plea and this distinction may not be apparent to certain future employers.
When a defendant does not qualify for a deferred judgment, then the goal is to be sentenced to the mandatory minimum penalty for the offense. This includes 2 days in jail, and a conviction.
Aside from the PCS charge itself, there are various ways to deal with an accompanying Possession of Drug Paraphernalia charge, or any other contemporaneous charges.
Since these cases are handled differently in Iowa City, it is best to hire a local lawyer whom is familiar with the local method for dealing with the case. Please give us a call.