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Answers to Commonly Asked Oklahoma Drug Crimes Questions
My name is Kevin Adams I am an Oklahoma drug defense lawyer, I mainly practice in Tulsa County, Rogers County, Mayes County, Wagoner County, Creek County and federal courts in Tulsa and Muskogee; however, if the case is serious enough I will travel anywhere in Oklahoma. I am an experienced criminal trial and appellate lawyer. You can learn more about me here.
If you are facing drug charges in Oklahoma you probably have a lot of questions. On this page I provide answers to questions that are frequently asked by people accused of drug crimes. The answers to these questions are not intended to be legal advice, you are encouraged to consult a qualified criminal defense lawyer about the specific facts of your case. I hope you find the information useful. If you do not find the answers to your questions on this page feel free to email me at LawyerAdams@me.com.
I am charged with an Oklahoma Drug Offense, what will happen to me if I enter a guilty plea?
I am charged with simple possession of drugs in Oklahoma.
I am charged with possession with intent to distribute drugs in Oklahoma.
I am charged with trafficking on drugs in Oklahoma.
I am charged with possession of intent to distribute drugs in federal court.
I am charged with possessing of a firearm and possession with intent to distribute in either state or federal court.
I am charged with possession of a fireram and trafficking in drugs in Oklahoma.
What are the chances of getting my Oklahoma Drug Charges dismissed?
What are common defenses to drug charges in Oklahoma
How did I get arrested for an Oklahoma Drug Offense, when the drugs were not mine?
Did the police have a right to search me for drugs?
What is a motion to suppress?
How did the police get a search warrant to search my house?
I just possessed drugs for personal use, how can they charge me with possession with intent to distribute?
What should I do about the police taking my money and/or my vehicle?
What type of a lawyer should I hire to defend my Oklahoma Drug Charges?
I am charged with possession with intent to distribute drugs in Oklahoma
I am charged with trafficking on drugs in Oklahoma
I am charged with possession of intent to distribute drugs in federal court
I am charged with possessing of a firearm and possession with intent to distribute
I am charged with possession of a fireram and trafficking in drugs in Oklahoma
I am charged with an Oklahoma Drug Offense, what will happen to me if I enter a guilty plea?
I am charged with simple possession of drugs in Oklahoma.
As of July 1, 2017 simple possession of any drug under Oklahoma law is a misdemeanor. Yes, under Oklahoma's new law even simple possession of cocaine, heroin and methamphetamine is only a misdemeanor. So the worst that could happen to someone is 1 year in county jail and a $1,000 fine. (See Title 63 O.S. Section 2-402 Version 2) Most people charged with simple possession of drugs in Oklahoma are not senetenced to jail and are instead given either a suspended or deferred sentence. This is especially true for people with little or no criminal history. Below is what I would generally expect under some common scenarios.
- If I had a client with no criminal history that was charged with simple possession of drugs in Oklahoma and my client simply wanted to work out a plea agreement, I would expect them to receive a deferred sentence of either 18 months or 2 years, pay some assessments and court costs, be placed on DA Supervision and be required to obtain a Drug and Alcohol Assesment and follow any recomendations.
- If I had a client with prior criminal history, including prior convictions, that was charged with simple possession of drugs in Oklahoma and my client simply wanted to work out a plea agreement, I would try to get the zdistrict Attorney to agree to a deferred sentence, but, would not be suprised if the District Attorney was only willing to agree to a suspended sentence wit the requirement that my client pay fines and court costs, be placed on DA Supervision and be required to obtain a Drug and Alcohol Assesment and follow any recomendations.
- If I had a client with significant criminal history, including prior convictions for drug offenses, that was charged with simple possession of drugs in Oklahoma and my client simply wanted to work out a plea agreement, I would be concerned that the District Attorney handling the case may only be willing to offer a sentence that included jail time. In that case, if there were no good suppression issues, I would be ready to explore alternative sentencing options such as drug court and/or a blind plea.
I am charged with possession with intent to distribute drugs in Oklahoma.
I am charged with trafficking on drugs in Oklahoma.
I am charged with possession of intent to distribute drugs in federal court.
I am charged with possessing of a firearm and possession with intent to distribute in either state or federal court.
I am charged with possession of a fireram and trafficking in drugs in Oklahoma.
Different Types of Drug Charges in Oklahoma
Simple Possession
Possession of a Controlled Dangerous Substance with Intent to Distribute
Trafficking in Drugs
Maunfacturing Methamphetamine
Possession of A Fireram in Furtherance of a Drug Trafficking Crime
Hiring a Drug Defense Lawyer in Oklahoma
Before hiring any lawyer you need to have an idea of what you want that lawyer to accomplish for you. Knowing how you want to handle the charges you are facing, will help you make a better decision in choosing a lawyer. For example, someone charged in a federal drug conspiracy that is facing serious prison time and mandatory minimum sentences is not necessarily going to want to hire the same type of lawyer that someone accussed of simple possession of drugs that just wants to work out the best plea deal. You are going to be looking for a completely different type of lawyer Do you just want to resolve the case as easily as possible as long as you can avoid jail?
Avoiding Jail or Prison when facing Drug Charges
Avoiding a felony conviction
The Different Types of Drug Offenses in Oklahoma Criminal Law
There were big changes in the When accussed of a drug charge, it is important to know ho wmuch time you are facing, whether there are alternatives to incarceration available (including probation or drug court), and whether you have a factual or legal defense to the charges.
Offenses and Punishment Ranges
Drug offenses are generally divided into three categories:(1) simple possession, (2)possession with intent to distribute and (3) trafficking/ manufacturing. The statutes governing drugoffenses were designed to punish those who possessed drugs less severely than those who possessed drugs with intent to distribute them, with those who manufacted and trafficked in drugs receiving the harshest treatment.
Misdemeanor Simple Possession
Possession with Intent to Distribute
To convict for possession of CDS with the intent to distribute under Title 63 O.S. Sextion 2-401, the state must prove beyond a reasonable doubt the Defendant knowingly and intentionally possessed the CDS with the intent to distribute it. "Distribute" means "to deliver other than by administering or dispensing a controlled dangerous substance." (See Title 63 O.S. Section 2-101(12).
One will be convicted of possession with intent to distribute if the state proves intent to deliver the drugs to another person, even if it is not for profit. So, if a Defendant picks up drugs for a friend, and intends on delivering the drugs to that friend, he or she could be charged with possession with intent to distribute. Title 63 O.S. Section 2-401 governs punishment for possession with intent to distribute a CDS. The punishment ranges vary depending upon the type of substance and whether the person has prior convictions. for the first time offenders accussed of possessing a Schedule I substance that is a Narcotic or LSD, punishment ranges from 5 years to life in prison. For those accused of possessing a Schedule V substance with intent to distribute, punishment ranges from 0 to 5 years in prison.
Second and subsequent convictions for possession with intent to distribute are also subject to punishment under the habitual offender statute, discussed above. This means, where the accussed has one prior conviction, the minimum sentence is life imprisonment. For those with two prior felony convictions, the minimumm sentence is tripled, and the maximum sentence is life imprisonment. Second and subsequent convictions under the possession with intent to distribute statute do not qualify for a suspended or deferred sentence, and are not subject to the 85% rule.
Trafficking in Illegal Drugs
Title 63 O.S. Section 2-415 governs "trafficking in illegal drugs." The state does not have to prove that the Defendant was selling or even intending to sell drugs in order to obtain a conviction for trafficking. They must only prove the Defendant knowingly possessed a specific amount of a CDS- a trafficking quanitity.
Trafficking carries severe punishment. A Defendant who has no prior Title 63 convictions and is convicted of trafficking will be required to serve twice the minimum sentence he or she would be required to serve if convicted of possing with intent to distribute that drug. If the Defendant has just one prior Title 63 conviction and is convicted of trafficking, the sentence is tripled.
Those convicted under the trafficking statute are not eligible for good time credits and suspended and deferred sentences. Trafficking is not subject to th e85% rule. Defendants convicted of trafficking can be paroled after serving 1/3 of their sentence (with th eexception of life without the possibility of parole). However, if an individual is convicted of trafficking and is not paroled, he or she will likely serve close to 100% of the sentence because such a sentence carries no eligibility for good time credits.
Sentences vary depending upon th etype of cDS. For example, in Oklahoma, an individual must possess 28 grams of powder cocaine in order to be considered "trafficking in cocaine," but only 5 grams of crack in order to br considered "trafficking in crack."
Factual Defenses to Trafficking
Proximity vs Possession
It is not sufficint for the state to prove mere proximity of drugs to a Defendant-the stat emust prove that the Defendant had knowledge and control of the drugs before possession can be established.
Constructive possession my be established by "ownership, domain and control over the contraband." Possession may also be inferred, "...when the contraband is found in a place which is exclusively accessible or used by the accused and subject to his dominion and control." But the "mere proximitity to contraband" or "mere association with a person who has actual or constructive possession of the contraband, is insufficient to support a conviction." There must be, "additional evidence establishing the accused's knowledge and control." So a possible defense to possession is the Defendant's lack of knowledge or control over the substance, or that the substance was not found in a place exclusively accessible to the Defendant.
Personal Use Defense
When an individual is charged with possession with intent to distribute, a possible defense could be that the person possessed the drugs only for personal use. The presence of baggies, scales, drug notations, and unexplained wealth can become significant factors if a Defendant is arguing the drugs were just for personal use. When using a personal use defense the Defendant would still be convicted of simple possession, but would avoid the harsher penalty for possession with intent to distribute.
Evidence of trafficking
Since there is no intent to distribute requirement for the a trafficking charge arguing that a Defendant did not intend to distribute the drugs is not a defense. Any factual defense against trafficking must revolve around proximity not possession and/or the amount of drugs not amounting to the trafficking wait.
Legal Defenses-the Fourth Amendment
Search warrants
The police must obtain a valid search warrant to search for drugs unless the search falls within one of th eexceptions to th ewarrant requirement. A warrant is issued only if probable cause exists to believe that seizable evidence will be found on a person or a premises when the warrant is executed. The police must submit an affidavit to a judge and a judge must agree that probable cause exists. The warrant must be precise on its face, describing with reasonable precision the place to be searched and the items to be seized. Only police may execute a warrant, and it must be done without unreasonable delay.