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The Patterson Law Firm

Entrapment and Oklahoma Drug-Related Crimes: What You Should Know

Entrapment and Oklahoma Drug-Related Crimes: What You Should Know

Depending on the facts, a defendant charged with drug crimes in Oklahoma may use the affirmative defense of entrapment in court. You may have some understanding of entrapment from popular culture, but the legal definition of this defense is not the same as the cultural understanding. In court, entrapment has 2 specific requirements: The defendant has no previous intent or purpose to violate the law, and The defendant is induced or persuaded by law enforcement officers to commit a crime. Oklahoma Uniform Jury Instructions, OUJI-CR 8-25. Each requirement raises an important and sometimes difficult to prove issue. First, defendants who are...

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What Is an Oklahoma DUI Clinical Assessment, and Why Do You Receive One?

What Is an Oklahoma DUI Clinical Assessment, and Why Do You Receive One?

Many drivers make it a priority to get their licenses back after revocation because of a DUI. In Oklahoma, those convicted of driving under the influence who have their licenses revoked usually must complete a DUI clinical assessment and any intervention recommendations first. The DUI clinical assessment is also called an ADSAC assessment. ADSAC stands for Alcohol and Drug Substance Abuse Course. How Do I Get an ADSAC Assessment? Locate a certified ADSAC assessor through the Oklahoma Department of Public Safety, Department of Mental Health and Substance Abuse Services, or your DUI defense lawyer. Schedule an appointment for an ADSAC assessment or...

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What Can You Expect at a Victims’ Impact Panel?

What Can You Expect at a Victims’ Impact Panel?

Drivers who operated a vehicle under the influence of drugs or alcohol in Oklahoma may receive a variety of interventions, including a victims’ impact panel. If you have to attend a victims’ impact panel (VIP), you may not know what to expect. Come prepared by learning about the panel’s purpose. Why Do I Have to Attend a VIP? When trying to get your driver’s license back, you may have to take a DUI assessment, also called an ADSAC assessment. The ADSAC assessor will recommend interventions for you. Successful completion of the interventions will allow you to get your driving privileges reinstated. Of...

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Boating Under the Influence Is a Crime in Oklahoma

Boating Under the Influence Is a Crime in Oklahoma

Yes, boating under the influence of alcohol or CDS is a crime in Oklahoma. Most people are familiar with DUIs when driving cars and trucks on the road, but fewer know about Oklahoma’s “BUI” law. Using the threat of boating under the influence charges, law enforcement have cracked down on consumption of alcohol near waterways in recent years. The boating under the influence law prohibits boat operators from having a blood alcohol concentration (BAC) of 0.08 or more. In 2011, the BAC limit went from 0.10 to 0.08. The boat operator must be aboard the boat and have a BAC over...

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Defenses to Oklahoma Criminal Drug Charges

Defenses to Oklahoma Criminal Drug Charges

When you hire a criminal defense attorney because you were charged with a drug crime, your attorney will develop any defenses you have. Defenses are reasons why you did not commit a crime, why you cannot be convicted of a crime, or why evidence against you should be thrown out of court. For drug crimes specifically, there are a number of different defenses that may apply depending on the facts of your case. Elements of the Crime Not Proved Attorneys often argue either that the prosecution did not prove all the elements of the crime. The elements of the crime are the...

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Criminal Charges for Forged Prescriptions in Oklahoma

Criminal Charges for Forged Prescriptions in Oklahoma

The state of Oklahoma takes forged prescriptions very seriously – trying to get drugs using a fake prescription is a felony. Law enforcement seem to charge more and more people each year with prescription fraud. To prove prescription fraud, the prosecutor must show that you obtained a controlled dangerous substance when you: Forged a prescription, Altered the prescription to change the quantity or the drug prescribed, or Gave a forged or altered prescription to a pharmacist for filling. 47 O.S. § 2-407(A). Attempts to commit prescription fraud are illegal too, even if they are not successful. Oklahoma also penalizes people who possess...

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Fines for Driving Under the Influence in Oklahoma

Fines for Driving Under the Influence in Oklahoma

In addition to possible jail time, drivers convicted of driving under the influence in Oklahoma face substantial fines. The fines vary depending on which crime a driver is sentenced with, and there are additional costs as well. If a driver has no prior DUIs on his record, he can expect that the court will require him to pay up to $1,000 in fines. Drivers with prior DUIs pay increasingly larger fines. The amount of the fines vary based on which court hears your case. The rules differ in municipal court and state court in Oklahoma. In state court, every driver who...

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Exceptions to the Warrant Requirement for Drug Searches

Exceptions to the Warrant Requirement for Drug Searches

While most of the time law enforcement need a warrant to conduct drug searches, several exceptions to the warrant requirement exist. Evidence collected without a warrant when one was required can be suppressed in court. Some of the most common exceptions to the warrant requirement for drug searches include: 1) plain view, 2) a search incident to arrest, and 3) an automobile search. Plain View Law enforcement officers do not need a warrant when evidence or contraband is in plain view when they are present. For example, if a police officer questions someone inside his house and sees a pipe and...

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Charged with Aiding and Abetting or Being an Accessory? Your Next Steps

Charged with Aiding and Abetting or Being an Accessory? Your Next Steps

People accused of helping someone commit a crime fall into two categories: aiders and abettors, and accessories. If you have been charged with either aiding and abetting a crime or being an accessory, you probably have questions about these legal terms. An aiding and abetting charge means that prosecutors think the accused encouraged someone to commit a crime or advised him or her in its commission. To prove these charges, the prosecution must show that the aider and abettor acted with criminal intent or that he or she had knowledge of the person who committed the crime’s criminal intent. In other words,...

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How Police Obtain a Warrant to Search for Drugs

How Police Obtain a Warrant to Search for Drugs

Before police can search for drugs, they need to obtain a warrant from the court unless a few exceptions apply. The search warrant is a legal document explaining where the police can search for evidence of a crime. Once law enforcement has a warrant, they do not need your consent to search the specified area. Police officers must get search warrants from judges or magistrate judges. The judge issuing a warrant must be “neutral and detached” and “capable of determining whether probable cause exists”. Coolidge v. New Hampshire, 403 U.S. 443 (1971). This requirement helps ensure that there is no conflict...

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