Can You Commit a Drug Crime Just by Using the Telephone?
Using a telephone to commit certain felonies could net you another felony conviction in Oklahoma. This state law follows similar federal law focusing on use of communications devices in facilitating or committing crimes.
Under the law, it is a felony to willfully use any “communication facility” in committing any act that is one of several felonies. 13 O.S. § 176.3(8). The felonies include distributing, manufacturing, cultivating, or trafficking drugs, including any conspiracy to do so. 13 O.S. § 176.7. Using a communication facility to cause or facilitate the commission of these felonies is also prohibited. Communication facilities include telephone, mail, wire, radio, and all other means of communication.
As you can see, this law is extremely broad. It could apply to anything from calling a friend about growing marijuana to sending a text message telling others about your friend’s plan to distribute drugs at a certain location.
Prosecutors use this law to charge those who are heavily involved in a drug conspiracy but against whom they have little evidence to charge with more serious crimes. They also use this law to get those who are peripherally involved in a drug conspiracy off the streets.
Each separate time you make a communication, the prosecutor can charge you with an additional violation of the law. If you communicate by text or multiple phone calls, these violations could add up quickly. In short, it is a relatively obscure law that can have a powerful effect because committing a violation is a felony.
If you are convicted of using a communication facility in committing a felony, you could face a $5,000 fine or up to five (5) years imprisonment for each violation. If the use of a communication facility was part of a larger conspiracy or distribution scheme, you could face additional charges for possession, distribution, intent to do either, or even drug trafficking.
Even if a drug crime charge seems minor or obscure at first, anything you tell the police could be used against you or others to charge more serious crimes. Using a telephone to assist in committing a drug crime could be the tip of the iceberg. As a result, exercise your right to an attorney who can assess the charges against you and evaluate your best defenses.
Need an attorney for drug charges in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience to defend Oklahomans accused of drug crimes, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.