Aggressive, Skillful and Experienced Defense

What defenses may exist for drug charges and other crimes?

Police obviously don't have free rein to arrest people and seize evidence to prosecute them. If police question suspects or seize evidence in a manner contrary to law or the Constitution, it could make the case fall apart. What defenses are available to Johnson County defendants charged with drug offenses or other crimes?

First, an obvious defense is that the defendant is not guilty of the crime. Either no crime was committed, or someone else committed it. Prosecutors must prove beyond a reasonable doubt that the defendant committed the crime. If the prosecution fails to convince a judge or jury that the defendant is guilty beyond a reasonable doubt, the defendant must be found not guilty.

A second defense is that no evidence of the crime can be introduced in court because the authorities acquired it improperly. For example, police must inform persons in custody of their Miranda rights before questioning them. If the police don't do this, the suspect's statement - and any other evidence arising from the statement - are inadmissible in court. If police wish to avoid committing an illegal search and seizure, they must procure evidence either with a warrant or with a legitimate exception to the warrant requirement. For example, if contraband is in plain view of the police, it may be covered by a warrant exception.

There are many other situations that could constitute a defense to an alleged crime. One fairly rare occurrence is entrapment. This happens when police induce a defendant to commit a crime they otherwise would not have committed. Although it is uncommon for this defense to apply, the defense does exist and does apply occasionally.

No Comments

Leave a comment
Comment Information

contact us FOR a Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

IOWA Association for justice IOWA state bar association NACDL 1958 national association of criminal defense lawyers american association for justice board certified specialist DUI defense law the iowa state bar association


Should I take a breath test?
The most common question asked of criminal defense lawyers who work on Operating While Intoxicated (OWI) or Driving While...

Can I get a work permit or temporary restricted license in Iowa after losing my driving privileges for an OWI?
For a first offense, yes. The revocation is this instance is 180 days for an OWI test failure and one year for an OWI test refusal...

Read More

Get In Touch

J. Dean Keegan, Eric D. Tindal & Andrea Mason Attorneys At Law
425 2nd Street South East, Suite 1250
Cedar Rapids, IA 52406

Cedar Rapids Law Office Map

J. Dean Keegan, Eric D. Tindal & Andrea Mason Attorneys At Law
103 East College Street, Suite 312
Iowa City, IA 52240

Iowa City Law Office Map

facebook twitter

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.