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19 March
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The Oklahoma Anti-Drug Diversion Act

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The Oklahoma Anti-Drug Diversion Act

Drug usage in Oklahoma is growing by the day, so law enforcement efforts to crack down on drug use have increased. A law called the Oklahoma Anti-Drug Diversion Act helps police monitor abuse of legal drugs by creating the Prescription Monitoring Program. With a drug use rate well over the national average and many Oklahomans reporting non-medical use of pain relievers, the Act and its amendments create one more opportunity for police to make drug-related arrests. The Anti-Drug Diversion Act seeks to deter abuse of prescription drugs, either drugs that are legally prescribed or legal drugs that are used without a...

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16 March
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Will Medical Need Excuse Your Possession of Marijuana Charge?

Posted by Clint
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Will Medical Need Excuse Your Possession of Marijuana Charge?

People find relief from various different medical conditions by using marijuana, whether prescribed by a doctor or obtained by other means. In Oklahoma, marijuana users who treat medical conditions with the plant could face serious criminal charges if found in possession of marijuana or under its influence. New legislation up for a state-wide vote in June 2018 could help them stay out of trouble. Voters will decide State Question 788 on June 26, 2018. If passed, the ballot initiative would legalize the licensed use, possession, and cultivation of marijuana for medicinal use only. Users would need to obtain a signature from...

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14 March
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Custodial Interrogation During Traffic Stops

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Custodial Interrogation During Traffic Stops

The question of when custodial interrogation starts during traffic stops has challenged courts for many years. Choosing a definite rule as to when someone is in custody affects the timing of Miranda warnings. If a police officer waits too long to read Miranda warnings during a stop, the driver can challenge admissibility in court of any statements he makes after the stop becomes custodial but before the warnings are read. In one of many attempts to determine when “custodial interrogation” begins, the Supreme Court considered the case of Berkemer v. McCarty, 468 U.S. 420 (1984). In the case, a state police...

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12 March
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Could You Lose Your Government Benefits Because of a Drug Charge?

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Could You Lose Your Government Benefits Because of a Drug Charge?

People charged and convicted of a drug crime face many obstacles, such as continuing to receive government benefits. Depending on the benefit program, you may have to reapply or you may be barred altogether from receiving benefits. If you and your family rely on government benefits, research each program to determine whether you can receive them if you are convicted of a crime. Generally, simply being charged with a drug crime is not enough to affect your benefits eligibility because you are considered innocent until proven guilty. If you are convicted, many different programs have restrictions on receipt of benefits. For...

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09 March
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Could You Lose Your Driver’s License Because of a Drug Charge?

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Could You Lose Your Driver’s License Because of a Drug Charge?

Drug-related charges have consequences that not everyone expects. For example, a charge of driving under the influence of drugs, alcohol, or both results in revocation of your driver’s license unless you challenge the revocation within 15 days. Further, a charge of drug possession likely will result in license revocation. A “DUI” crime in Oklahoma includes not only driving while intoxicated by alcohol, but also driving while under the influence of any intoxicating or controlled substance. This may include prescription drugs and controlled dangerous substances (illegal drugs). Using any amount of an illegal drug while driving is a crime. 47 O.S. §...

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07 March
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Could You Lose Your Job Because of a Drug Charge?

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Could You Lose Your Job Because of a Drug Charge?

A drug charge or conviction could have a lifetime of consequences for you, including job loss. While the American legal system is founded on the premise that everyone is innocent until proven guilty, in practice, even a criminal charge without a conviction can have a substantial negative impact on people’s lives. Losing your job could be part of that impact. One way you could lose your job after being charged with a drug-related crime is through repeated absences. If you are arrested and jailed, it could be several days before you or a family member can call your manager to request...

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05 March
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What Does an Oklahoma Defense Lawyer Do?

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What Does an Oklahoma Defense Lawyer Do?

If you have been charged with a crime, you may be thinking about whether you need to hire a defense lawyer. Many people have questions about what lawyers will do for their case. Defense lawyers work for you, investigate the facts behind the charges against you, determine the best defenses for your case, and argue your case in court. Defense Lawyers Investigate Your Case Criminal defense lawyers investigate the charges filed against their clients to determine important facts for their defense in court. For example, defense lawyers interview witnesses who were at the scene of an accident and talk to friends and...

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02 March
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Drug Testing: How It Works

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Drug Testing: How It Works

In Oklahoma, both the state and private employers commonly use urine testing to check whether a person has used illegal drugs. Due to changes in legislation, many employers now mandate drug testing for their employees, leading to a large increase in the number of requested drug tests and likely an increase in the number of laboratories doing the testing. How exactly do these laboratories check for drugs in urine? First, a sample must be collected from the test subject, usually in a small cup. Labs then conduct an automated immunoassay test on the sample. The simplest type of immunoassay test works...

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28 February
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Vehicle Impounded? What to Do Next

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Vehicle Impounded? What to Do Next

Many drivers who are arrested for driving under the influence have their cars impounded by the police. “Impound” means that the car is towed by a tow truck to a city or state lot where it is kept until the driver or an authorized representative picks it up and pays the impound fees. Police impound cars because the driver cannot or should not drive them and they will otherwise be parked in possibly unsafe locations on public property. The only ways to avoid impound of your vehicle are 1) to convince a sober friend or passenger at the scene to drive...

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26 February
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Will New Liquor Laws in Oklahoma Impact DUI Arrests?

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Will New Liquor Laws in Oklahoma Impact DUI Arrests?

New liquor laws modernizing Oklahoma’s legal restrictions on sale of alcohol will go into effect in 2018. Consumers welcome the new laws, while liquor store owners are wary of reduced sales. The wider availability of alcohol could impact arrest rates for driving under the influence. First, State Question 792 allows grocery and convenience stores to sell wine and strong beer. Before passage of this law, only liquor stores could sell liquor, wine, and beer with more than 3.2% alcohol. Starting on October 1, 2018, grocery stores and convenience stores can sell wine and stronger beer alongside low-alcohol beer. The Retail Liquor Association...

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