Culp, Doran & Genest | Des Moines Legal Issues Blog
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Culp & Doran P.L.C. in Des Moines, Iowa, provides experienced and knowledgeable representation in family law, personal injury and criminal defense. This blog discusses legal issues related to child custody, criminal, divorce and family law in Des Moines.
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
Many states have legalized marijuana. However, some states and the federal government have not legalized this substance. Therefore, as you move from state to state, or even travel among states, you should understand the drug laws in your area. This is what you should know about marijuana possession in Iowa. Legality in Iowa Marijuana is not legal in Iowa. In fact, if you get caught with this illegal substance, you could face a misdemeanor charge. In addition, you could face a felony charge if you have an amount that the courts consider “intent to distribute.” If you get caught selling to a min ..read more
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
Drunk driving is dangerous. It can cause you to make a slew of bad decisions that can ruin your life and hurt others. Here is a guide to drinking and driving for all drivers. What is a DUI? Driving under the influence is a crime that the state can charge you for. Operating a vehicle with a blood alcohol content over .08% can lead to a DUI, DWI, or OWI charge. However, even consuming a small amount of alcohol and driving is dangerous. You can still hurt yourself or others even if you are not visibly intoxicated. That is why drinking and driving are illegal. Is it dangerous? Having alcohol in yo ..read more
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
Trespassing is a common criminal charge. If you are facing charges of trespassing, you may be able to defend against the charges. With the right legal defense and a sound case establishment, you may be able to avoid conviction. There are a few key defenses you can use against trespassing charges. Did you have an invitation to the property? If someone who lived on the property invited you there but another resident had you charged with trespassing, you can get the charges dismissed if the party that invited you is willing to testify that they invited you. Did the property owner know you were th ..read more
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
Around the nation, marijuana laws are changing. In some cases, a drug offense with marijuana no longer carries a strong charge, such as a jail term. Possession charges with small amounts may now be a small fine, but these laws vary from state to state. There is a difference between the legalization of marijuana and decriminalization, and neither is an option in Iowa. Understand the law To decriminalize something means the state appealed or altered laws concerning criminal acts to protect offenders of the crime from prosecution. The act itself is still criminal, yet if caught and within a speci ..read more
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
Over the past decade, there have been major changes in laws regarding marijuana sales and use. In 2012, Colorado and Washington became the first states to legalize marijuana for non-medical purposes. As of 2022, 19 states have legalized the sale and use of recreational cannabis. In Iowa, marijuana is still illegal. With legal cannabis retailers now located in various states, including Illinois, it is possible to obtain the drug legally, but if you bring it home to Iowa, you may face criminal charges. Possessing marijuana in Iowa violates state law In Iowa, medical cannabidiol products are lega ..read more
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
Every state has its own way of classifying controlled dangerous substances. Each drug has a schedule based on the level of dangerousness. In Iowa, the state classifies both the drugs and the ingredients used to make them. CDS classification The five schedules of drugs under Iowa law include: Schedule I drugs have no recognized medical purpose and are highly likely to result in abuse. Examples include heroin and other opiates. Schedule II drugs have a recognized but heavily restricted medical use and are likely to result in abuse. Examples include cocaine and opium. Schedule III  ..read more
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
After getting arrested for drinking and driving you could face penalties that affect your finances, reputation, employment and future. These can be difficult to cope with, especially if this is a first-time offense. In Iowa, according to the state legislature, you could face penalties for OWI if you operate a vehicle with a blood alcohol concentration level at or above 0.08%. As you wait for your hearing, there are several steps you can take to help yourself mentally cope with what lies ahead. Rely on your support system After an OWI arrest, you may not want to see or speak to your close frien ..read more
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
Legal or traffic offenses can lead to the Department of Motor Vehicles revoking or suspending an individual’s license. When this occurs, a license is no longer considered valid and a driver cannot legally drive. There are key differences between revocation and suspension. In many cases, it is possible to address either of these sentences in court, though it takes legal counsel to understand how to either retain or re-obtain your license. Why license suspension revocation occurs There are several reasons why the DMV could suspend a license. A suspension is temporary and requires specific action ..read more
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
When someone uses lies, deception or dishonesty for personal gain, he or she is likely committing an act of fraud. There are several types of criminal fraud, and depending on the circumstances, the acts may warrant state or federal charges. Mail and wire fraud The most common federally charged crimes are mail and wire fraud. These are crimes that include improper use of the United States Postal Service, phone, email or internet-connected devices. Computer and internet fraud Using a computer to hack into a network for the purpose of defrauding someone by altering records or accessing informatio ..read more
Culp, Doran & Genest | Des Moines Legal Issues Blog
2y ago
If you get arrested, you may wonder what your rights are. You may also be familiar with Miranda Rights, but unsure what they mean, or what their significance is. The reality is that even if you do not understand the significance of Miranda Rights, the police have an obligation to read them to you. Here are some things to keep in mind if you would like to know more. What are Miranda Rights? Created in 1966, the Miranda Rights are a set of rights that let you know that you do not have to speak if you do not wish to. They can help protect you, and allow you to avoid saying anything that the court ..read more