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20 August
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Oklahoma Alcohol Laws for Underage Drinkers

Posted by Clint
in Blog
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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29 June
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Entrapment and Oklahoma Drug-Related Crimes: What You Should Know

Posted by Clint
in Blog
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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11 May
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The Oklahoma Trafficking in Illegal Drugs Act and Its Consequences

Posted by Clint
in Blog
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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16 April
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Are Head Shops Illegal in Oklahoma?

Posted by Clint
in Blog
Are Head Shops Illegal in Oklahoma?

Head shops are stores that sell rolling papers, smoking accessories, and what police might call “drug paraphernalia”, along with tobacco and other legal products. Law enforcement in Oklahoma have cracked down on head shops over the past few years, claiming that they sell items used to take drugs. For instance, a market that sold glass pipes has been repeatedly targeted for arrests and civil asset forfeiture. Oklahoma law defines drug paraphernalia as “all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing,...

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26 March
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Sentence Enhancements for Drug Crimes Involving Children

Posted by Clint
in Blog
Sentence Enhancements for Drug Crimes Involving Children

In Oklahoma, committing drug crimes that involve children leads to increased jail time and penalties. Specifically, the criminal sentence for the underlying crime will be doubled or tripled, with other restrictions imposed. This is known as a sentence enhancement. Drug court judges may impose sentence enhancements for people who use minors to distribute or transport drugs, for people who distribute drugs near schools, and for people who possess or buy drugs near schools or in the presence of young children. The enhancements emphasize the state’s focus on keeping drugs away from children under age 18 – both for safety reasons and...

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30 October
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Driving with Alcohol in the Car: What You Need to Know

Posted by Clint
in Blog
Driving with Alcohol in the Car - What You Need to Know

If you are driving with alcohol in your car, even a newly purchased bottle, make sure you understand Oklahoma law on transporting open containers. The law prohibits not only drinking while driving a motor vehicle, but also transporting any container of alcohol that has been opened, even if you are not drinking from it. Oklahoma’s open container law makes it a misdemeanor, punishable by a $500 fine and six months in jail, to “[k]nowingly transport in any vehicle upon a public highway, street or alley any alcoholic beverage except in the original container which shall not have been opened”. 37 O.S....

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