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Forms - Polk County Iowa - how much marijuana is a felony
State of Iowa, Plaintiff,v. FORMTEXT ?????, Defendant.Criminal No(s). FORMTEXT ?????ORDER(Plea/Sentencing Order)? Defendant in custodyIn the Iowa District Court in and for Polk CountyNow On FORMTEXT ?????, the State is represented by FORMTEXT ?????. Defendant appears in person and with counsel, FORMTEXT ?????, on charge(s) of: Case NumberCountCrimeIn violation of Iowa Code section(s): FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ??????Defendant also appears with an Interpreter, FORMTEXT ?????.MATTERS RELATED TO THE PLEA?Defendant has filed a WRITTEN PETITION TO PLEAD GUILTY to the crime(s) set out above. By review of the petition, the court finds that defendant understands the charge(s), the penal consequences, and the rights being waived. Based upon the parties’ and attorneys’ statements and the minutes of testimony as applicable, the court finds that there is a factual basis for the plea and that the plea is knowing and voluntary. Defendant’s guilty plea is accepted.?Defendant PLEADS GUILTY to the crime(s) set out above. By direct conversation with Defendant on the record, the Court finds that Defendant understands the charge(s), the penal consequences, and the rights being waived. Based upon Defendant’s statements, the prosecutor’s statements and the applicable minutes of testimony, the Court finds there is a factual basis for the plea and the plea is knowing and voluntary. Defendant’s guilty plea is accepted.?ALFORD PLEA. Defendant enters a plea to the crime(s) set out above pursuant to North Carolina v. Alford, 400 U.S. 25 (1970) and State v. Knight, 701 N.W.2d 832 (Iowa 2005). By direct conversation with Defendant on the record, the Court finds Defendant understands the charge(s), the penal consequences, and the rights being waived. The Court further finds there is a factual basis for the plea and the plea is knowing and voluntary. The Court further finds Defendant has acknowledged that: 1) it is in Defendant’s best interest to enter this plea, 2) Defendant has nothing to gain at trial and will gain much more by pleading, 3) there is strong evidence of actual guilt, and 4) Defendant wishes to take advantage of the State’s plea offer. Defendant’s plea is accepted.?PRE-SENTENCE INVESTIGATION (PSI) REPORT. Except where Defendant is in custody, he/she is ordered to call the Department of Correctional Services (DCS), at 242-6602 within two workdays to schedule a presentence investigation (PSI) interview. If Defendant is in custody, he/she shall be retained by the Polk County Sheriff until the Fifth Judicial Department of Correctional Services has completed the PSI interview. DCS shall submit a PSI report by FORMTEXT ????? (at least three days before sentencing).?SENTENCING IS SET FOR FORMTEXT ????? at FORMTEXT ????? in Courtroom FORMTEXT ?????, Polk County Criminal Court Building. Defendant is ordered to appear in person for sentencing. At the end of this case, you may be assessed restitution. This may include three different categories of restitution; monetary damages to victims (referred to as pecuniary damages); fines, penalties, or surcharges (referred to as Category A restitution); and repayment for your legal defense, crime victim assistance reimbursement, court costs, contribution to a local anticrime organization, or restitution to the medical assistance program pursuant to chapter 249A (referred to as Category B restitution). With respect to Category B restitution items, you mayrequest the court to determine whether you have the reasonable ability to pay the full amount of those items.If you do not request the court to make that determination, the court will presume you have theability to pay the full amount of Category B restitution and will order you to do so. You will also lose anychance to challenge your ability to pay the full amount of the Category B restitution ordered.?BOND is FORMTEXT continued pending sentencing.?BOND is unavailable pending sentencing pursuant to Iowa Code section 811.1(1).?PLEA AGREEMENT. Barring any new criminal activity or violation of this order, at sentencing the parties will recommend: FORMTEXT ?????. The State will recommend dismissal of FORMTEXT ?????. On any new criminal charge or violation of this order, established by a preponderance of evidence, the State is not bound by this agreement.MATTERS RELATED TO SENTENCING?IMMEDIATE SENTENCING. Consistent with the record made herein, Defendant knowingly and voluntarily waives time before sentencing, the right to file a motion in arrest of judgment and use of the pre-sentence investigation (PSI) report and requests immediate sentencing. The court accepts Defendant’s waivers and request. The Department of Correctional Services is ordered to prepare a PSI, file it with the Clerk of Court, and distribute copies as required by law.?POST-PSI SENTENCING. Defendant previously pled guilty to the charge(s) set out above. The court has received and studied the pre-sentence report and afforded counsel an opportunity to examine the report.?ALLOCUTION. Defendant was given an opportunity to speak in mitigation of the sentence. On inquiry made, no legal cause has been shown why sentence should not be pronounced.?JUDGMENT IS DEFERRED and Defendant is granted probation on the terms and conditions set forth in this order. Defendant shall pay a $ FORMTEXT ????? civil penalty which is due immediately and is considered delinquent after 30 days (said penalty shall not be less than the minimum fine for the offense charged). Said penalty is payable through the Polk County Clerk of Court. Defendant’s criminal record in this matter shall be expunged upon discharge from probation and payment of all financial obligations, in accordance with Iowa Code section 907.9(4)(b). ? Case numbers FORMTEXT ????? being dismissed by this order are related cases to the charge(s) for which Defendant is receiving a deferred judgment (for purposes of expungement of records).?DEFENDANT IS ADJUDGED GUILTY of the charge(s), in violation of the Code sections, set out above and is sentenced as follows, pursuant to Iowa Code sections 902.9 and 902.3 [Insert additional Code sections, if applicable]:Case NumberCountCrimeDefendant shall be imprisoned for a period not to exceed: FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? years FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? years FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? FORMTEXT ????? yearsDefendant shall receive credit against the(se) sentence(s) for any days served in custody on the(se) individual offense(s) since arrest.?MINIMUM SENTENCE. A minimum sentence of FORMTEXT ????? is imposed in Count(s) FORMTEXT ????? pursuant to Iowa Code §’s:?902.7 (5 yr. forcible felony + weapon); ?902.8 (3 yr. habitual offender);?902.11 (1/2 maximum sentence if prior forcible felony);?902.12 (70% of maximum on certain felonies);?Other: FORMTEXT ?????.?CONSECUTIVE/CONCURRENT. Pursuant to Iowa Code §’s 901.5(9)(c) and 901.8, the sentence(s) of incarceration shall run:?concurrent to FORMTEXT ?????,?consecutive to FORMTEXT ?????,for a total period not to exceed FORMTEXT ????? years.?The sentences are consecutive based upon:?the separate and serious nature of the offenses;?in order to carry out the plea agreement;?to provide defendant maximum incentive to comply with the terms and conditions of probation;?crime is an escape under § 719.4 or a crime committed while defendant confined at a detention facility or penal institution (consecutive sentences are mandatory under Iowa Code § 901.8);?the crime was committed while defendant was on parole/probation;?other: FORMTEXT ??????THE SENTENCE(S) IS/ARE SUSPENDED.?DEFENDANT IS PLACED ON PROBATION for a period of FORMTEXT ????? year(s) from the date of this order to be supervised by the Department of Correctional Services (DCS) on terms and conditions of probation as required by DCS under the Intermediate Criminal Sanctions Program pursuant to Iowa Code Chapter 901B. The length of probation is based on the sentencing considerations set out herein. The level of supervision shall be determined by DCS. This probation is subject to revocation by the court under Iowa Code Chapter 908 on notice and an opportunity for hearing and a finding that Defendant has failed to fairly live within the terms of probation and the law. Defendant is ordered to:Report to the probation office on the first floor of the Polk County Criminal Courts Building immediately following sentencing to enter into a probation agreement. If the probation office is closed, Defendant shall report to the probation office by 10:00 a.m. of the next working day. However, if the Defendant is at elevated risk of transmitting COVID-19, the Defendant SHALL CALL (515) 286-3925 INSTEAD of reporting in person to sign up for probation.Pay any probation administration fees; andComply with all terms of probation imposed by DCS and complete programming recommended by DCS; andComplete the following (check if appropriate):?obtain a mental health evaluation and follow treatment recommendations; and?obtain a substance abuse evaluation and follow treatment recommendations; and?complete recommended substance abuse and/or mental health treatment and aftercare; and ?obtain and maintain full-time employment, pursue a full-time course of GED or post-secondary study, or a full-time combination of employment and study, to the degree reasonably able to do so; and?Other: FORMTEXT ?????.Violation of any terms and conditions ordered above is a violation of probation.?PROBATION IS DENIED. Defendant is committed to the custody of the Director of the Iowa Department of Corrections for a determination of the appropriate place of confinement, all as provided by Iowa Code sections 901.7 and 902.5. Defendant shall be delivered by the sheriff to the designated reception center which is: (1) the Iowa Medical Classification Center in Oakdale, Iowa for adult males; (2) the Iowa Correctional Institution for Women for any females; and (3) the Anamosa State Penitentiary in Anamosa, Iowa if Defendant is a male under the age of 18. The sheriff shall transport Defendant to the State institution accompanied by a person of the same sex. Pending Defendant’s transfer to the custody of the Director of the Iowa Department of Corrections (DOC) at the reception center, Defendant shall remain in the custody of the sheriff. Defendant’s term of incarceration may be reduced from the maximum sentence because of statutory earned time, work credits and program credits. Defendant may be eligible for parole before the sentence is discharged subject to statutory restrictions or sentence reductions. Probation is denied based on the sentencing considerations set out herein.?SENTENCING CONSIDERATIONS. The Court determines that this sentence will provide maximum opportunity for Defendant’s rehabilitation and protection of the community from further offenses. Pursuant to Iowa Code § 907.5, the Court considered the following factors:?Defendant’s age; and?Defendant’s prior record of convictions and deferments of judgment, if any; and?Defendant’s employment circumstances; and?Defendant’s family circumstances; and?Defendant’s mental health and substance abuse history and treatment options available in the community and the correctional system; and?the nature of the offense committed; and?the plea agreement; and?statutory sentencing requirements; and?other factors as follows FORMTEXT ?????.?DEFENDANT SHALL SUBMIT A DNA SAMPLE to DCS pursuant to Iowa Code Chapter 81. Failure to comply may constitute contempt, pursuant to Iowa Code section 81.4(3).?FINE & CRIME SERVICES SURCHARGE. Defendant shall pay a fine of $ FORMTEXT ?????. ?If checked, this fine is suspended due to Defendant’s incarceration, [insert other reason]. Defendant is also ordered to pay a crime services surcharge of 15% of any portion of the fine which has not been suspended.?victim PECUNIARY DAMAGES (vpd). Defendant is ordered to pay VPD in the amount of $ FORMTEXT ????? for the costs inflicted on the victim(s) of this crime. Payment(s) shall be made to the Clerk of Criminal Court, Criminal Courts Building, 110 6th Avenue, Des Moines, IA 50309. The Clerk shall forward payment(s) to FORMTEXT ?????. If the amounts of VPD are not available at the time of sentencing, a supplemental order will follow. ? VICTIM OFFENDER RECONCILIATION PROGRAM (VORP). Defendant is ordered to participate in and cooperate with a VORP session to allow the victim to inform Defendant of the consequences of the crime, to determine the amount of victim pecuniary damages (VPD) owed, and to establish a payment schedule. If VPD cannot be resolved in the VORP session, the County Attorney is ordered to file a statement of VPD and Defendant shall have 30 days from the date of the filing to contest the amount of damages claimed. Defendant shall call 286-3057 within three (3) working days to arrange this VORP session. (Session required only if victim wishes to participate). Any No-Contact Order currently in effect shall be temporarily suspended for the VORP session. No-Contact Order shall be in full force and effect upon conclusion of VORP session.?AGRICULTURAL PROPERTY OFFENSE SURCHARGE. Pursuant to Iowa Code section 911.5 the defendant is assessed a surcharge ($500) for each above-listed violation of Iowa Code §714.2(1), 714.2(2), 714.2(3), 716.3, 716.4 or 716.5 involving agricultural property. ?HUMAN TRAFFICKING VICTIM SURCHARGE FOR PROSTITUTION/BUYER, PIMPING, PANDERING OR HUMAN TRAFFICKING. Pursuant to Iowa Code section 911.2A, the defendant is assessed a human trafficking victim surcharge of $1000 for each above-listed violation of Iowa Code §’s 725.1(2), 725.2, 725.3, or 710A.2.?Domestic OR sexual abuse RELATED CRIMES surcharge. Pursuant to Iowa Code section 911.2B, the defendant is assessed the domestic or sexual abuse related crimes surcharge ($90) to each above-listed violation of Iowa Code chapter 709, or §’s 708.2A, 708.11, 710A.2, or Chapter 236.ADDITIONAL TERMS OF PROBATION?RESIDENTIAL FACILITY. Defendant is ordered to reside at the FORMTEXT ????? Facility until maximum benefits are received. Defendant’s probation officer shall schedule this program. Violation of program rules is a violation of probation.? Defendant shall remain in jail until space is available at the assigned facility. (Applicable only if Defendant is already confined in the county jail at the time of sentencing). State v. Cotrell, No. 14–0594, 2014 WL 7343448 (Iowa Ct. App. Dec. 24, 2014).?COMMUNITY SERVICE PROGRAM (CSP). Defendant is ordered to complete FORMTEXT ????? hours of community service within FORMTEXT ????? days of the date of this order. Defendant is ordered to report to the probation office on the first floor of the Polk County Criminal Courts Building immediately following sentencing to register for community service. If incarcerated at the time of sentencing, Defendant shall report to the probation office within 24 hours of release. Defendant is ordered to pay a fee for each placement granted through CSP.? Defendant is ordered to participate in and successfully complete the IOWA DOMESTIC ABUSE PROGRAM as a condition of probation. Defendant is ordered to schedule a needs assessment at the time s/he signs up for probation. Defendant shall pay for, cooperate with and complete the ? Women’s ? 24 ? 36 week program, as well as any recommended treatment or aftercare program. The intake fee and orientation fee must be paid at the intake appointment. Defendant is ordered to start the Iowa Domestic Abuse Program within 30 days of this order.?OTHER: FORMTEXT ?????.Category B Restitution and Reasonable Ability to Pay AnalysisIowa law separates restitution into three categories. Victim Pecuniary Damages includes the damages done to a victim in the course of a crime as set out in Iowa Code § 910.1(3). Category A Restitution includes fines, surcharges and penalties. Defendant must pay all Victim Pecuniary Damages and Category A Restitution and that duty is not subject to a reasonable ability to pay analysis.Category B Restitution includes court costs, crime victim assistance program reimbursement, expenses incurred by public agencies under Iowa Code §321J.2(13)(b), medical assistance program restitution pursuant to Iowa Code chapter 249A, contributions to a local anti-crime organization and legal assistance fees, (including the expense of a public defender) pursuant to Iowa Code §815.9.Category B is estimated to be $___________ at this time.? According to Iowa Code §910.2A, Defendant is presumed to have the reasonable ability to pay all Category B Restitution and is therefore ordered to pay all Category B Restitution. Defendant can challenge the obligation to pay Category B Restitution by filing a motion stating that defendant does not have a reasonable ability to pay Category B Restitution within 30 days of this order and asking for a hearing. The motion must be accompanied by a financial affidavit which must also be served on the prosecutor. If you fail to file a financial affidavit, you waive your claim that you have less than a full ability to pay Category B Restitution. The court shall then set a hearing. “Financial affidavit” means a signed affidavit under penalty of perjury that provides financial information about the defendant to enable the sentencing court or the department of corrections to make a determination regarding the ability of the offender to pay Category “B” Restitution. It includes the defendant’s income, physical and mental health, age, education, employment, inheritance, other debts, other amounts of restitution owed, family circumstances, and any assets subject to execution, including but not limited to cash, accounts at financial institutions, stocks, bonds, and any other property which may be applied to the satisfaction of judgments. The affidavit form for applying for court-appointed counsel is not sufficient for purposes of determining reasonable ability to pay. Before the court can modify this order, the defendant must prove that defendant does not have a reasonable ability to pay Category B Restitution.? Defendant requests a finding of less than a full ability to pay Category B Restitution. The Defendant furnished a completed financial affidavit to the Court and the prosecutor and has been subject to cross examination on the financial affidavit. The Court therefore makes the following finding with regard to Category B Restitution:?NO ABILITY TO PAY:??Defendant has no ability to pay Category B Restitution in any?amount. ?PARTIAL ABILITY TO PAY:? Defendant has the reasonable ability to pay, and is ordered to pay, up to $ FORMTEXT ????? for Category B Restitution ?FULL ABILITY TO PAY:? Defendant has a full ability to pay, and is ordered to pay, all Category B Restitution. Defendant is ordered to pay any and all assessed restitution. All payments shall be made to Clerk of Criminal Court, Polk County Criminal Courts Building, 110 6th Avenue, or the Polk County Justice Center, 222 Fifth Avenue, Des Moines, Iowa 50309 or online at www.iowacourts.gov. Defendant shall call the Clerk of Court at 286-3772 to verify amounts owed. These amounts are delinquent 30 days after all costs are assessed. The Clerk shall pay down restitution according to?Iowa Code §910.2(1). If there are multiple cases, the clerk shall divide restitution costs equally between cases where appropriate. If the Defendant fails to pay the total financial obligation due, the case will be transferred for collection. The State of Iowa may withhold any State income tax refund, vehicle registration and/or driver’s license issuance for unpaid court ordered financial obligations.ALL PARAGRAPHS BELOW APPLYDISMISSAL OF OTHER COUNTS AND CASES. Upon the State’s recommendation, the following counts/cases are dismissed: FORMTEXT ?????. ? State to pay costs. ? Pursuant to the plea agreement adopted by the court, Defendant is ordered to pay court costs and any victim restitution associated with these counts and/or cases.Iowa Code Section 901C.1 allows Defendant to request that a dismissed case be removed from the public record.? Before the request is made or granted each of the following must be true: All charges in the case are dismissed.At least 180 days have passed since the dismissal or the defendant proves, and the court finds, good cause to act sooner.The dismissal was not based on a finding that Defendant was incompetent or not guilty by reason of insanity.All court costs, fees, or other financial obligations ordered by the court have been paid.?Dismissed case number(s) FORMTEXT ????? are related to a deferred judgment.Other Matters? RIGHT TO CARRY WEAPONS. If checked, pursuant to §§724.31A, 724.15(2)(d) notice is hereby given that defendant is prohibited from acquiring a pistol or revolver. Defendant is subject to this notice because:? Defendant is ineligible for a permit to carry, or to carry, a dangerous weapon under §§724.8, 724.8B because:? Defendant is convicted of a serious or aggravated misdemeanor under Chapter 708. §§724.8B, 724.8(2).? Defendant is found to be addicted to alcohol. §724.8(2).? Probable cause exists to believe, based on documented specific actions of the defendant, with at least one of the actions occurring within two years, that the defendant is likely to use a weapon unlawfully or in such a manner as would endanger defendant or others. §724.8(4).? Defendant is found to be an unlawful drug user or addict. §§724.8(6), 724.8B, 18 U.S.C. 922(g)(3).? Defendant is ineligible for a permit to carry, or to carry, a dangerous weapon, under §§724.8, 724.8B, and it will be a felony under Iowa Code §724.26 for defendant to exercise dominion and control over a firearm, as Defendant is:? Convicted of a felony. §724.26.? Convicted of an aggravated misdemeanor involving a firearm. §§724.25(1), 724.26.? DOMESTIC VIOLENCE – Convicted of a misdemeanor crime of domestic violence. §724.26(2)(a). Defendant shall NOT possess, ship, transport, or receive a firearm, offensive weapon or ammunition effective immediately pursuant to Iowa Code § 724.26(2)(a). Defendant shall deliver all firearms, ammunition and offensive weapons to the Polk County Sheriff, 6023 NE 14th Street, Des Moines, Iowa. This conviction may affect the right to possess or acquire a firearm or ammunition under federal and state law under 18 USC. § 922(d)(8), (g)(8) and Iowa Code Section 724.25(1).? NO CONTACT ORDER – INTIMATE PARTNER – Subject to a protective order involving an intimate partner. §724.26(2)(a). Defendant shall NOT possess, ship, transport, or receive a firearm, offensive weapon or ammunition effective immediately pursuant to Iowa Code § 724.26(2)(a). Defendant shall deliver all firearms, ammunition and offensive weapons to the Polk County Sheriff, 6023 NE 14th Street, Des Moines, Iowa. This conviction may affect the right to possess or acquire a firearm or ammunition under federal and state law under 18 USC. § 922(d)(8), (g)(8) and Iowa Code Section 724.25(1). Bond on appeal is set at $ FORMTEXT [enter “no bond” if bond is unavailable on appeal pursuant to Iowa Code section 811.1(1)].?The Defendant was personally served with a copy of this order.? FORMTEXT ????? was personally served with a copy of this order. ?In addition to all other persons entitled to a copy of this order, the clerk shall provide a copy to the following: Felony Criminal Case Coordinator.
How much marijuana in your possession is a criminal offence? The lowest charge for criminal possession is possession in the fifth degree, while first-degree possession of marijuana carries the strictest penalties. A person may face charges of criminal possession of marijuana in the fifth degree if they intentionally and illegally possess more than 25 grams of marijuana.
