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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.

  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal, & Jaeger 

Put Over 50 Years of Combined Trial Experience On Your Side 
  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Jaeger
  • J. Dean Keegan J. Dean Keegan

    Owner

    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
    J. Dean  Keegan Photo
  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Jaeger, graduated from the University ...
    Eric D. Tindal Photo
  • Andrea D. Jaeger Andrea D. Jaeger

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Jaeger practices in the areas of white collar ...
    Andrea D. Jaeger Photo

See What Our Clients Have to say

  • Andrea Jaeger is the best defense attorney in the world.

    “Andrea Jaeger is the best defense attorney in the world. She gets the job done for her clients. She goes hard for the best results. She would always be my first choice of defense. She is very ...”

    - Orlando
  • I am thankful for her representation.

    “I was very fortunate to have been represented by Andrea Jaeger. She is knowledgeable, reliable, and professional. Her expertise was more than what I could have asked for and I am grateful to have had ...”

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  • Our family feels very fortunate to have had Andrea Jaeger as our advocate.

    “We became acquainted with Andrea Jaeger when she was assigned to our son's federal case several years ago. Certainly, when someone is court-appointed on your behalf, you simply never know what kind of ...”

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  • My family and friends appreciate all you have done. Thank you.

    “Thank you, Andrea and Eric. You both did a great job and got me the best results possible in my situation. I would recommend your service to any in need of counsel and I am still amazed in the way ...”

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    “Hello, world! To whom it may concern, my name is Demario. I’m now a 40-year young man. Throughout my early stage of life, I stayed in trouble with law enforcement; nothing major, just the typical ...”

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SUCCESSFUL results for our clients

Protecting Your Freedom & Rights
  • Operating While Intoxicated Charges Dismissed

    Linn County OWCR133760. Attorney Eric Tindal's client was arrested for Operating While Intoxicated. Mr. Tindal had all charges dismissed following a successful suppression hearing regarding the grounds for the stop.

  • Possession with Intent to Deliver Marijuana and Methamphetamine Charges Dismissed

    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

  • Possession with Intent to Distribute Charges Dismissed

    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

  • Second Degree Sexual Abuse and Other Charges Acquittal at Trial

    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

  • Sexual Abuse in the 2nd Degree Conviction Reversed on Appeal

    Iowa Supreme Court No. 04-361. The Defendant was convicted of Sexual Abuse in the 2nd Degree. On appeal, Mr. Tindal successfully argued that the conviction was based on improperly admitted evidence. The conviction was reversed.

  • Trafficking Stolen Weapons and Misdemeanor Theft Charge Dismissed

    Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.

  • Vehicular Homicide Charges Reduced

    Johnson County FECR68296. The Defendant was charged with Vehicular Homicide. Following a suppression hearing, Mr. Tindal and his co-counsel were able to show that the blood test result was taken in violation of implied consent procedures. The case was subsequently resolved for a misdemeanor.

  • First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial

    Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.

  • Operating While Intoxicated Reduced to Public Intoxication

    Johnson County OWCR116811. The Defendant was charged with Operating While Intoxicated. Mr. Tindal was able to win the Iowa Dept of Transportation appeal and have the blood test result thrown out. The case was resolved for a public intoxication charge and no loss of license.

  • Operating While Intoxicated Second Offense Reduced to Public Intoxication

    Washington County OWIN010946. The Defendant was charged with Operating While Intoxicated Second Offense. Following long negotiations with the State the Defendant was able to plead to a Public Intoxication and have his driving privileges reinstated.

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