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controlled dangerous substance Tag

Energy Drinks and Drunk Driving in Oklahoma

Energy drinks – increasingly popular among tired Oklahomans and anyone just needing a boost – pose a risk for drivers in Oklahoma beyond just over-caffeination. These popular drinks do contain much more caffeine than soda, and the high caffeine levels could lead to side effects. And younger people may be more susceptible to the caffeine since they usually have lower tolerance levels than adults. But the combination of caffeine and alcohol could increase the risk for a DUI. How Could Energy Drinks Increase DUI Risk? Alcohol is a depressant, meaning it can depress bodily functions including heart rate and can slow reaction...

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Can You Ever Choose Your Sentence for a Drug Crime?

Can You Ever Choose Your Sentence for a Drug Crime?

If you are going to be sentenced for a drug crime, the judge may have some discretion when imposing the criminal sentence. Unfortunately, the law does not allow you to directly choose your own sentence. But you can influence which sentence you receive in several ways. Find a Lawyer First, having a lawyer both before and during sentencing could help you get a different sentence. Your lawyer potentially can negotiate a deal with the prosecutor or speak to the judge on your behalf. You may be able to take a plea deal that could reduce your prison sentence, eliminate penalties, or...

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What a Drug Manufacturing Charge Means for You in Oklahoma

What a Drug Manufacturing Charge Means for You in Oklahoma

If you are charged with drug manufacturing in Oklahoma, you need to prepare yourself for the legal battle ahead. Oklahoma has extremely strict drug laws, especially for manufacturing and distribution. The significant meth problem in the state has made legislators and prosecutors eager to impose stiff sentences on anyone convicted of manufacturing illegal substances. You Most Likely Will Face Prison Time if Convicted Manufacturing controlled dangerous substances in Oklahoma carries very high penalties. You could be facing 20 years to life in prison and a fine of $50,000. Moreover, you may not be eligible for a suspended sentence, a deferred sentence,...

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What Is the Difference Between State and Federal Drug Crimes?

What Is the Difference Between State and Federal Drug Crimes?

When you are going through the criminal justice system for the first time, you may be confused about the difference between state and federal drug crimes. Federal crimes are very different from state crimes for a few reasons. If you are charged with crimes related to drugs, they may be state or federal crimes – or both. Different Crimes, Different Courts When you are charged with violating a state law, you are accused of committing a state crime. People accused of committing state crimes go to state court and talk to a state judge. The same is true for federal law and...

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Oklahoma Alcohol Laws for Underage Drinkers

Oklahoma Alcohol Laws for Underage Drinkers

Oklahoma has a number of alcohol laws for underage drinkers. If you are under age 21 and planning to drink or charged with an alcohol-related crime, or if you are a parent worried about your child’s drinking, learning about these laws could be very important. Minors Can’t Buy or Possess Alcohol – Even Low-Point Beer Anyone under age 21 cannot purchase alcohol in any public place in the state, even if it is a low-alcohol-content beer or wine cooler. Even being in possession of alcohol in public places is illegal. (37 O.S. §§ 241, 163.2(1).) This means if a minor is sitting...

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New Oklahoma Laws Ease Mandatory Sentences for Drug Crimes

New Oklahoma Laws Ease Mandatory Sentences for Drug Crimes

A slew of new Oklahoma laws ease sentences and imprisonment for drug crimes and crimes often charged alongside drug crimes. These laws, all signed by the governor on April 26, 2018, go into effect in late 2018. First, the law known as SB 649 will reduce sentences for repeat drug offenders convicted of possession. Currently, repeat offenders receive harsher sentences because of their previous drug possession offenses. The new law eliminates those sentencing enhancements. Courts now cannot impose longer sentences on defendants because of their previous convictions for possession of controlled dangerous substances. However, people convicted of other drug crimes may...

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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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The Oklahoma Trafficking in Illegal Drugs Act and Its Consequences

The Oklahoma Trafficking in Illegal Drugs Act and Its Consequences

In Oklahoma, the Trafficking in Illegal Drugs Act prohibits drug crimes involving large amounts of controlled substances. Sentencing requirements for people convicted of drug trafficking have changed in recent years, but Oklahoma still has one of the strictest sets of drug laws in the country. Oklahoma law criminalizes possessing, distributing, manufacturing, or transporting into the state certain quantities of various different controlled dangerous substances. Further, the Trafficking in Illegal Drugs Act also prohibits (1) possessing CDS with the intent to manufacture drugs in large quantities and (2) using or soliciting services of a minor to distribute or manufacture a CDS. All...

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What Are “Aggravated” Drug Crimes in Oklahoma?

What Are Aggravated Drug Crimes in Oklahoma?

If you have been charged with a drug crime in Oklahoma, you need to understand the charges against you. This could be complicated depending on what crimes you have been charged with, because the state’s drug crime laws are not written in plain language. One word that criminal defendants may puzzle at is the term “aggravated” drug crime. Oklahoma drug crime law has tiered sentences and fines as crimes become more “serious” in the eyes of the law. A first offense for marijuana possession is a misdemeanor. In contrast, a first offense for possession of cocaine is a felony. Second and...

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Knowing Possession of Drug Proceeds: Illegal in Oklahoma

Knowing Possession of Drug Proceeds: Illegal in Oklahoma

In Oklahoma, possessing or receiving money that you know came from drug sales is a crime. Police can seize any property that you purchased using drug money through a process called forfeiture. Oklahoma law states that it is illegal to receive or acquire “drug proceeds”. Law enforcement can charge you with a felony for this crime. To prove that someone illegally received or acquired drug proceeds, the prosecution must show that the defendant knowingly or intentionally received or acquired drug proceeds, knew that the proceeds were gained from illegal activity, and knowingly or intentionally concealed the proceeds or engaged in transactions...

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