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Oklahoma drug crimes lawyer Tag

16 April
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Is Drug Rehab a Sentencing Option for You?

Posted by Clint
in Blog
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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24 August
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Do Drug Penalties Vary by County in Oklahoma?

Posted by Clint
in Blog
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
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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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10 August
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Medical Marijuana and State Question 788: What You Need to Know

Posted by Clint
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Medical Marijuana and State Question 788: What You Need to Know

Oklahoma’s marijuana laws keep changing, and the constant stream of news about what is new makes it hard to keep up. Here is what you need to know now about State Question 788 and the future of medical marijuana in Oklahoma. Back on June 26, 2018, Oklahoman voters approved State Question 788, which legalizes medical marijuana. With passage of the bill, people who get the signature of a licensed doctor can obtain a license allowing them to use marijuana. The law also permits possession and cultivation of marijuana for medicinal use only. People with licenses can have three ounces or less...

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04 July
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Finding the Right Criminal Defense Attorney for Drug Charges

Posted by Clint
in Blog
Finding the Right Criminal Defense Attorney for Drug Charges

If the prosecutor has charged you with committing a drug crime, your search for the right criminal defense attorney should start now. You have a narrow window of opportunity to find someone who will investigate, mount a strong fight against the charges, and obtain a result that helps you. Does the Attorney Know the System? Ask the attorney about his or her experience fighting drug charges for clients. How long has he or she been practicing, and what did he or she do before practicing law? Finding a lawyer who worked as a prosecutor or district attorney, or even in law enforcement,...

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

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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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20 June
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Defenses to Oklahoma Criminal Drug Charges

Posted by Clint
in Uncategorized
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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18 June
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Criminal Charges for Forged Prescriptions in Oklahoma

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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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13 June
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Exceptions to the Warrant Requirement for Drug Searches

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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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23 March
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Drug Distribution and Trafficking: More Serious than Possession

Posted by Clint
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Drug Distribution and Trafficking: More Serious than Possession

In Oklahoma, a conviction of drug distribution, trafficking, or manufacturing is much more serious than possession of drugs because of the harsher sentences imposed. As discussed in a previous blog, possession of many common drugs carries a 5-year sentence for a first offense with a fine of $5,000. Subsequent convictions lead to longer sentences and larger fines, up to 15 years in prison and $10,000. 63 O.S. 2-402(B)(1). In contrast, distribution of Schedule I or II narcotics is a felony and carries sentences ranging from 5 years to life in prison and a $100,000 fine. These penalties also apply to anyone...

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