Home / how much marijuana is a felony / Forms - Polk County Iowa
In the Iowa District Court for Polk CountyState of Iowa, Plaintiff,v._______________________________________, Defendant.Criminal No:Petition to Plead Guilty (Drug Felony) Defendant is in custody.Now On ______________ Defendant is pleading guilty to the offense(s) of: _______________________________ _______________________ in violation of Iowa Code §(s) ___________________ and is represented by ____________.Defendant states to the Court as follows:I am charged in my true and correct name. I knowingly and intelligently plead guilty to the charge(s) listed above because I am guilty. There have been no promises or threats to get me to plead guilty or to agree to any enhancement. I am satisfied with the advice and services of my attorney. I ask the Court to accept my guilty plea.I am of sound mind. I am not under the influence of any drug, medication or alcohol that would hurt my ability to make decisions.I understand the nature of the charge against me and that:I am considered innocent until the State proves my guilt beyond a reasonable doubt;I have a right to a speedy and public trial by jury and the right to be represented by an attorney at that trial;If I cannot afford an attorney, the Court will appoint one at the State’s expense;I have a right to hear the evidence against me from the witnesses and subject them to cross examination;I have the right to testify or to refuse to testify, and my refusal would not reflect on my guilt or innocence;I have the right to produce witnesses, subpoena them to appear at trial, and have them testify on my behalf.Before I could be found guilty, the entire jury of twelve (12) people would have to agree that the evidence proved me guilty, beyond a reasonable doubt.By pleading guilty I give up all these rights, I will have no trial and the judge may sentence me up to the legal maximum.An enhancement applies only if I was represented by (or gave up my right to) an attorney on each earlier conviction. If this is an enhanced charge, I have a right to a separate trial with the trial rights explained above on the sole question of whether I have earlier convictions. I give up those rights, agree I have the convictions, agree that I am subject to the enhancement and describe the convictions below. I agree that the conviction(s) listed below are my convictions and that, at the time of each case, I either had an attorney or I knowingly and voluntarily gave up my right to an attorney:Case Number: _______________ Date: ____________ Crime: ______________________________________Case Number: _______________ Date: ____________ Crime: ______________________________________Case Number: _______________ Date: ____________ Crime: ______________________________________WITHOUT an enhancement, the Maximum sentence is:? Incarceration not to exceed ____ years, a $________fine and a 15% surcharge.? Incarceration not to exceed TWO years, an $8,540 fine and a 15% surcharge.? Jail for 12 months and a fine of $2,560 and a 15% surcharge.? Jail for 6 months and a fine of up to $1000 and a 15% surcharge.WITHOUT an enhancement, the Minimum sentence is:? Incarceration not to exceed ____ years, a $_____________ fine and a 15% surcharge.? PCS: My charge requires I serve 48 hours in jail unless suspended by the Court. ? A fine of $855.? A fine of $430 ? Minimum fine not applicable (MJ 1st Offense)? This charge is eligible for a suspended sentence or deferred judgment (if Defendant is eligible for a deferred judgment pursuant to Iowa Code § 907.3) and probation for a period set forth in Iowa Code § 907.7 of:? Two (2) to Five (5) Years (Felony) ? One (1) to Two (2) Year (Misdemeanor)ENHANCEMENTS (check the following that apply to the plea):? Pleading guilty to the Third or Subsequent Possession Enhancement pursuant to Iowa Code section 124.401(5):The maximum sentence is: Incarceration not to exceed _____ years and a $_______ fine with a 15% surcharge. ? Pleading guilty to the Habitual Offender Enhancement pursuant to Iowa Code section 902.8 and 902.9(1)(c), The maximum sentence is: Incarceration not to exceed _____ years and a $_______ fine with a 15% surcharge. ? Pleading guilty to the Firearms Enhancement pursuant to Iowa Code section 124.401(1)(e):The maximum sentence is: Incarceration not to exceed _____ years and a $_______ fine with a 15% surcharge. ? Pleading guilty to the Second or Subsequent Offender Enhancement pursuant to Iowa Code section 124.411:The maximum sentence is: Incarceration not to exceed _____ years and a $_______ fine with a 15% surcharge. ? CONSIDERING ALL APPLICABLE ENHANCEMENTS AS PLED GUILTY TO BY THE DEFENDANT:The MAXIMUM sentence is: Incarceration not to exceed _____ years and a $_______ fine with a 15% surcharge. The MINIMUM sentence is: Incarceration not to exceed _____ years and a $_______ fine with a 15% surcharge.? The offense to which the Defendant has plead guilty, as set forth above, with any applicable enhancement(s) set forth above is subject to a mandatory minimum term of incarceration as follows:? Defendant is required to serve a mandatory incarceration period of three (3) years prior to being eligible for parole and a $_______ fine pursuant to Iowa Code sections 902.8 and 902.9(1)(c).? Defendant is required to serve a mandatory one-third of the maximum indeterminate sentence prior to being eligible for parole pursuant to Iowa Code sections 124.413 and 901.10(1).? Pursuant to Iowa Code section 901.10(2), the applicable mandatory minimum sentence may be reduced by one-third if Defendant enters a plea of guilty and is convicted of violating Iowa Code section 124.401(1)(a) or (b), the substance is amphetamine or methamphetamine. ? The offense to which the Defendant has plead guilty, as set forth above, with any applicable enhancement(s), is eligible for a suspended sentence or for a deferred judgment (if the Defendant is eligible to receive a deferred judgement pursuant to Iowa Code section 907.3) and probation for a period set forth in Iowa Code § 907.7 of: ? Two (2) to Five (5) Years (Felony) ? One (1) to Two (2) Year (Misdemeanor).? The offense to which the Defendant has plead guilty, as set forth above, with any applicable enhancement(s), is NOT eligible for a probation sentence as it is subject to mandatory incarceration and cannot be suspended or deferred. ? Bond is unavailable pending sentencing pursuant to Iowa Code section 811.1(1).Any sentence imposed from the plea set forth in this petition may be run consecutively or concurrently to any other matter pending before the Court in this jurisdiction or elsewhere at the time of sentencing. Sentences served consecutively to each other means one disposition after another and sentences served concurrently mean dispositions would run at the same time. A deferred judgment or conviction under Iowa Code Chapter 124 counts as a conviction and may result in enhanced penalties if I am accused of a crime in the future. A fine and/or jail time will not be imposed if judgment is deferred but a civil penalty will be imposed. I understand that if it becomes apparent prior to sentencing that I am not eligible for a deferred judgment under the law, despite any plea agreement, the Court could not grant my request to defer judgment pursuant to Iowa Code section 907.3 and I may be subject to a criminal conviction on the offense to which I am pleading guilty. I will be ordered to submit my DNA to the state DNA database.If I am granted probation, I will be required to pay a probation supervision fee of $300.I must pay victim pecuniary damages and a surcharge of 15% on any fine imposed. The law presumes I can pay the following (if applicable to my case): court costs, my legal defense expenses, crime victim assistance costs, any required contribution to a local anticrime organization, and restitution to the medical assistance program pursuant to chapter 249A. These types of payments are called Category B Restitution. I will be ordered to pay Category B Restitution unless within 30 days I request a finding by the Court -- and prove -- that I do not have a reasonable ability to pay (RATP) some or all Category B Restitution. To do so I must file an Affidavit of Financial status sworn under penalty of perjury. I will be subject to cross-examination on this affidavit.I understand a criminal conviction, deferred judgment, or other adjudication of guilt for a felony offense, or a felony controlled substance violation under Iowa Chapter 124, prohibits me from acquiring or carrying a firearm or a dangerous weapon as I am a felon for the purposes of Iowa Code sections 724.25 and 724.26. In addition, I may be determined to be an “unlawful drug user or addict,” as defined by Iowa Code section 724.8(6) and 18 U.S.C. 922(g)(3). I understand evidence of this criminal conviction, deferred judgment, or other adjudication of guilt for a felony offense may be used against me in subsequent proceedings to establish my ineligibility to possess or acquire firearms or other dangerous weapons under Iowa Code chapter 724.If I am not a United States citizen, a criminal conviction, deferred judgment or my agreement to an enhancement could result in deportation, could affect my ability to re-enter the United States or could have other adverse federal immigration consequences.The plea agreement is . I also agree that the state is not bound by the agreement if, between plea and sentencing, probable cause exists to believe I committed a new crime or violated a court order.I understand the Court is not bound by the plea agreement and may give me the maximum sentence allowed by law, including any enhanced sentence to which the Defendant has pleaded guilty.As part of the plea agreement, I agree to pay full court costs & victim restitution for any dismissed counts and/or cases so I give up the right to request a reasonable ability to pay (RATP) determination as to court costs in any such cases. I admit I did the following: I understand that I have the following rights as to entry of this plea and at the time of sentencing and I give up each of the rights below:The right to have a record made of my plea and sentencing proceedings.The right to have a presentence investigation performed and used at sentencing. (N/A to serious misdemeanors)The right to make a statement of allocution at sentencing. The right to a delay between plea and sentencing. To get an immediate sentence, I give up any right to appeal or challenge this plea or my agreement to any enhancement. To challenge this plea, I would have had to file a Motion in Arrest of Judgment within forty-five (45) days of entry of my plea but no later than five (5) days before sentencing. I give up the right to file a Motion in Arrest of Judgment and ask for immediate sentencing.By pleading guilty I give up any right to appeal this case unless I can show good cause for an appeal. To challenge my plea later, I would have to show that there is a defect in the proceedings and that but for the defect, I would not have plead guilty. The right to be present at the plea proceeding. (If checked) The right to be present at the sentencing proceeding. (If checked) The right to make a formal record before the Court at sentencing and instead specifically request the Court proceed on this matter in writing pursuant to the authority granted by the Iowa Supreme Court and to the joint agreement and recommendation of the parties as set forth in this written petition to plead guilty. (If checked)I have read and understand all of the statements above and that all of the statements are true and correct. _______________________________________________________________________________DefendantDefendant’s Attorney
How much weed is considered a felony? Keep in mind that 20 grams is a very small amount—just 0.705 ounces. And if you’re caught with any amount over 20 grams, the penalties get much stiffer, as you’ll be charged with a felony. If you are in possession of anywhere between 20 grams and 25 pounds of marijuana, the penalties include up to five years in prison and a $5,000 fine.