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drug crime Tag

16 April
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Is Drug Rehab a Sentencing Option for You?

Posted by Clint
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Is Drug Rehab a Sentencing Option for You?

If you have been arrested for a drug crime, drug rehab may be a sentencing option for you. With drug possession in Oklahoma reduced to a misdemeanor, many people are staying out of jail by agreeing to attend rehabilitation or treatment programs. How Do You Get Into Rehab Instead of Jail? People who are interested in and motivated to attend a rehab program for drugs and/or alcohol have a few options for requesting this sentence. First, and least riskily, you can retain an experienced local lawyer to negotiate with the prosecutor for a deal. This deal could require you to plead guilty...

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09 October
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Swallowing the Evidence: How It May Affect Drug Crime Charges

Posted by Clint
in Blog
Swallowing the Evidence: How It May Affect Drug Crime Charges

You have seen it on TV or in a movie – someone swallows the key piece of evidence before the police arrive, and he gets off scot-free. Unfortunately, in real life, things rarely work out so smoothly. Swallowing the evidence can get you in more trouble than the drug crime charges you wanted to avoid. It may seem like a good idea to quickly down the drugs just before the police open the door or walk up to your car. Chances are, however, they already have a reason to be talking to you, such as seeing you purchase drugs or noticing...

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24 August
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Do Drug Penalties Vary by County in Oklahoma?

Posted by Clint
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Do Drug Penalties Vary by County in Oklahoma?

There are 77 counties in Oklahoma, and people convicted of drug crimes may receive varying penalties depending on the county in which they are convicted. It may be surprising to you that state laws about drugs, which supposedly apply to all people in the state, could have uneven application. The reasons for the varying penalties range from geographical to monetary. Geography Alters Charges and Sentences In response to the new law reclassifying drug possession as a misdemeanor, Oklahoma legislators passed another law that makes it a felony to possess drugs within 1,000 feet of a school. (63 O.S. § 2-402.) Rather than...

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13 August
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Oklahoma Drug Courts Do Not Handle Misdemeanors – Why?

Posted by Clint
in Blog
Oklahoma Drug Courts Do Not Handle Misdemeanors – Why?

In Oklahoma, many people arrested for drug charges can seek help in drug court rather than going through the traditional legal process. Surprisingly, you cannot go to drug court if you have only a misdemeanor charge – you must have been charged with a felony. Back in 2016, Oklahomans approved State Question 780, which reclassified drug possession and some property crimes as misdemeanors rather than felonies. For example, possession of opiates is now a misdemeanor. Other drug crimes, such as distribution or trafficking, remain felonies under the law. Unfortunately, Oklahoma’s drug courts do not allow misdemeanor offenders to attend. These courts claim...

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27 July
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What Is Drug Court in Oklahoma?

Posted by Clint
in Blog
What Is Drug Court in Oklahoma?

Oklahoma counties have drug court programs that the courts use as an alternative to traditional criminal court. The programs establish treatment requirements instead of jail time and probation for drug offenders. Who Can Go to Drug Court? Certain people who plead guilty or are found guilty of non-violent drug-related felonies may attend drug court by applying to a county program. Defendants must agree to participate in drug court instead of traditional sentencing. Offenders who successfully complete the drug court program will not serve jail time. Drug court is not like a criminal court that evaluates evidence and hears cases. In drug court,...

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25 July
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Can the D.A. Use Evidence of Your Prior Arrests Against You?

Posted by Clint
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Can the D.A. Use Evidence of Your Prior Arrests Against You?

When you are in court for a DUI or a drug crime, you may be concerned that the D.A. will use evidence of your prior arrests against you to secure a conviction. If you were arrested for the same crime previously, you may fear that your previous arrest will be used to show that you committed the crime this time. You will be glad to learn that Oklahoma has limitations on how evidence of previous arrests and convictions can be used in court. Often previous arrests have no relevance to a later arrest, because arrests do not mean that you were...

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20 July
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DUI or Drug Arrest While You Were Asleep

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DUI or Drug Arrest While You Were Asleep

Police find a man asleep in a car on the side of the road and arrest him on suspicion of DUI. They find another man sleeping on the sidewalk next to a used syringe and several bottles of pills and arrest him for drug possession. Both men remain unconscious throughout their arrest, transport, and booking, waking up the next morning in jail cells. You may wonder if this is legal and how the prosecutor can prove crimes were committed if the men were asleep. DUI Arrest While Asleep Even sitting in a car while under the influence of alcohol or drugs, or...

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13 July
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What It Means to Be Arrested on Suspicion of a Crime

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What It Means to Be Arrested on Suspicion of a Crime

In Oklahoma, police may arrest someone on suspicion of committing a crime. Arrested on suspicion is different than reasonable suspicion. Reasonable suspicion and probable cause are standards of proof that police must establish before taking certain actions. Arrested on Suspicion Police often use the term “arrested on suspicion” of committing a crime when they have probable cause to arrest someone for doing something criminal. This does not mean the police have proven that the person committed the crime. Nor can police arrest you just for doing something suspicious. When you get arrested, they have to think you violated the law. People may get...

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09 July
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New Oklahoma Laws Ease Mandatory Sentences for Drug Crimes

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

Posted by Clint
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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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