Designer Drugs include Synthetic Marijuana and Bath Salts

The term synthetic marijuana refers to a mixture of legal herbs and spices sprayed with compounds similar to the psychoactive constituents in marijuana. Termed cannabimimetic agents in the new law, these chemicals are also called synthetic cannabinoids.

Participation Trophy Syndrome – Who is running the asylum?

Martin Luther King never was given a participation trophy. If Dr. King were alive today he wonder, how did we get to the point where we are willing to put up with this?

In Iowa, truck drivers can't afford any OWI's, not even in their private lives

A suspension is three years if the driver was transporting hazardous materials. A second offense will cause the driver to lose his CDL permanently.

Lipstick Bandit and the Five Finger Discount

Question: If I tried stuff and didn't buy is it considered a crime?

If Mark Becker was Sane Why Are We Worrying about His Sanity?

I have to wonder whether some of the jurors are kept awake at night feeling regret for the decision that was made. If it were me I could never have convicted this man, but then again I’m not fearful of mental health issues. I think most people are afraid. What is insane was the gutless jury and the decision they made.

Iowa OWI law: the exception to the Constitution.

We are coming closer to living in a police state. In an OWI prosecution the police officer is the person that controls all the evidence. The officer decides which evidence to preserve. In many cases evidence of a person’s innocence is not preserved. If the evidence doesn’t help the officer, it often times isn’t kept. The standard excuses are videos are lost, breath samples are not preserved, equipment is broken, or none of the officers remembered to turn on their video recording device. People that appear sober on a video don't help an officer get a conviction. Unfortunately, many judges and juries are allowing this so-called “Barney Fife” exception to the Constitution. In other words, a police officer isn’t held to the same standards of other witnesses at a trial. Fortunately, there are more good cops than bad cops. There are however, bad cops.

Michael Jackson was just like the rest of us.

The King of Pop is dead.  Why did he die?  If one can believe rumors, i.e. "the news", then we should believe that he died of a prescription drug overdose.  The question becomes whether it was purely accidental, or something more sinister.  Michael Jackson's family appears to blame Michael's personal physician.  The allegation appears to be that the good Doc was injecting or otherwise providing Michael with prescription meds.  If this had occurred in Iowa, it is possible that the physician, and perhaps others, could be facing criminal charges for homicide and delivery of drugs.
 
According to the Centers for Disease Control, unintentional fatal drug overdoses nearly doubled from 1999 to 2004 and were the second leading cause of accidental death in the United States in 2004, behind only automobile crashes.  Deaths from accidental overdoses increased to 19,838 in 2004, from 11,155 in 1999.
 
OxyContin, as well as their generic cousins oxycodone and hydrocodone, are from the same family of drugs as heroin. Some refer to these drugs as "hillbilly heroin."  Used correctly, they ease the pain of people recovering from surgery or coping with terrible back pain. They can become powerfully addictive drugs that users need more and more of to get high. Before long, many users live for their next pill and will do anything to get it — just like heroin addicts. And if painkiller abusers are also drinking alcohol or taking allergy medications, they can wind up shutting down their lungs.  Some states have criminally charged the manufacturers of these drugs for misrepresenting the damage that they can cause.  There are also civil lawsuits pending regarding addiction and abuse against the manufacturers.
 
Do people get charged in Iowa in these types of cases?  Absolutely.  One needs to look no farther than last month in Plymouth County.  Nicholas Clay, a 20 year-old man from Akron, died of an overdose.  The State has charged 18 year-old Justin Bringman and 39 year-old Stuart Barton for their involvement in his death.  Both are facing very long prison sentences.
 
Even if someone does not overdose or suffer any harm, it is a felony in Iowa merely to give someone a prescription medication, even if just one pill.  Simple possession of a prescription medication without a prescription is a misdemeanor.  It goes without saying that these cases have far reaching ramifications, beyond the prison sentences and fines.
 
Michael Jackson's friends and family are rushing around telling everyone who will listen that he was in great shape and otherwise healthy.  An argument could be made that Michael was a co-conspirator in his own death, but that's for the lawyers to decide.  We need much more information than what's provided through the media.  Only time will tell if the Doc is  criminally or civily liable.

and Vicodin

OWI: Iowa Corn Indy 250 Fans

The Iowa Speedway has been an economic boom for the City of Newton, Iowa.  And here comes the Iowa Corn Indy 250 which will be the boom for the local law enforcement to fill their annual budget.  This means arrests for anyone seen in public who resembles a drinker of alcohol.  Fines will be levied and assessments made for "room and board" for jail sentences.  I expect the arrests will largely be for OWI, which is also known as DUI or drunk driving, interference with official acts, assault on a peace officer, and public intoxication.  Even if you haven't been drinking, officers' reports will indicate a strong smell of alcohol, bloodshot watery eyes and slurred speech- only the names will be changed.  In my experience with these types of events, local law enforcement will have virtually all hands on duty.  Most officers will not have the time or the temperament to properly handle each case, which means that some steps in proper protocol will be overlooked.  To a lawyer, this means that constitutional rights will be violated.
 
The City of Newton sits on an interstate, I-80.  There are other highways; such has State Highway 14 that leads to Newton.  There will be city police officers, county sheriff's deputies, and state troopers all over.  They won't be concerned about Helio Castroneves, Danica Patrick or Dan Wheldon.  They will have their own competition of sorts on arrests.
 
Any guest visiting our state should know that if arrested you do have a right to call a lawyer or family member in order to secure a lawyer once you arrive at the jail in order to protect your rights.  Otherwise, be responsible and enjoy yourself.  Maybe you'll even get to have a Budweiser in the parking lot.

Caught on video at Des Moines City Hall.

Theft involves the taking of property of another.  The last I knew, this is still America and in order to be convicted of a crime requires, among other things, proof beyond a reasonable doubt.  Its easy to take aim at persons accused of crime and criminal defense attorneys, but walk with me one day, meet my clients, and you will feel differently about the fight to preserve our way of life.  Its cases like Ryan Wacome's that erode our rights little by little.
 
According to the Des Moines Register, Ryan Wacome has been charged with a series of thefts at Des Moines City Hall.  Wacome was a 20 year-old janitor.  The Register says that small amounts of money were missing from desks over the past month so they contacted the Des Moines Police Department and set up a sting operation.  A detective put a "small amount of money" in a desk and placed a camera to record whatever occurred.  The camera allegedly caught Wacome removing the money.  I hope he has not been charged with the other alleged thefts as has been reported.  It would be one thing for him to agree to make restitution for the other amounts of money, but it would likely be a violation of his rights to get convicted of the other alleged thefts.  Even if he confesses, Iowa criminal law requires more than that for an otherwise uncorroborated crime.  I would also be curious to hear what evidence there is that the other thefts actually did occur.  I keep some pennies and nickels in my desk but I can't tell you how many.  Let me look, hmmmm, I thought I had a few more.  Better call the Des Moines PD and set up a sting.
 
But here is the other thing: video and photographic evidence are sometimes the most unreliable evidence.  Look at this photograph of an alleged burglary yesterday in Des Moines.  Jurors are common people just like you or I, and if its difficult to tell who is in the photo, then that is not proof beyond a reasonable doubt.  Thankfully most jurors are cognizant of that fact.  I once had a convenience store robbery case where it was caught on surveillance video.  The clerk alleged a weapon was displayed and she was stuck in the cooler.  There was a cop in the parking lot and my client was nabbed walking out the door into the parking lot.  It was 5 a.m.  Very few other persons were around.  The person in the video did resemble my client and he was facing a 62-year prison sentence.  For good reason, my client is a free man today.  A photo is not always worth a thousand words.

Next week let me talk about eyewitness testimony and whether or not it's reliable. In the meantime you can watch this video clip and test your own ability for being an eyewitness.

Did Iowa legalize marijuana?

Under Iowa criminal law, it could be a felony for someone to be in possession of marijuana or other controlled substances if they have not gone down to the Department of Revenue and obtained a drug tax stamp.  For example, if you are in possession of roughly an ounce and a half of marijuana without the tax stamp, you are considered a "drug dealer" and need to obtain a drug tax stamp.  This amount of marijuana is readily considered a personal usage amount and can have a low value, say $50.  Not my idea of a drug dealer.
 
There is a phone number for you to call and an address for you to appear in Des Moines if you want to schedule an appointment to obtain the stamp.  With most government offices, you can usually just show up and someone will great you with a cheerful face and help you through whatever process you need to complete.  I'm not sure that you would be greeted with a cheerful face at the Iowa Department of Revenue when you show up at your appointment.  The last I knew, no one had ever filled out the paperwork (didn't our legislators say we need to eliminate unnecessary laws??).  I'm guessing we haven't spent much money making these stamps.  It seems like it would be a good money-maker for the State of Iowa: $5 per gram of marijuana and $750 per unprocessed marijuana plant.  The State also will collect $250 per gram of any other substance.  Did Iowa legalize marijuana?  Did Iowa legalize other drugs?
 
Of all the absurd criminal laws we have, this one is just plain terrible.  In my opinion it is unconstitutional for a variety of reasons.  The worst part is that it presumes someone in Iowa is a drug dealer without any other evidence.  Usually this charge is added to many other charges for trial and the prosecutor offers to drop this felony if you plead to another charge.  Most people do that unfortunately, and I'm certain that is the reason for the law- to eliminate the need for justice since justice can be so messy.  If the charge is not dropped, the State can come after you to collect the money that they feel they are owed since you didn't show up in advance to fill out their forms to obtain the tax stamp.
 
If anyone decides to take their marijuana down to the Department of Revenue in Des Moines to get a drug tax stamp, give me a call, I'd like to come watch.  One thing on my life's list of things to do is to see something that has never been done before.  And then I might have lunch with my legislator.