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18 May
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Charged with Aiding and Abetting or Being an Accessory? Your Next Steps

Posted by Clint
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Charged with Aiding and Abetting or Being an Accessory? Your Next Steps

People accused of helping someone commit a crime fall into two categories: aiders and abettors, and accessories. If you have been charged with either aiding and abetting a crime or being an accessory, you probably have questions about these legal terms. An aiding and abetting charge means that prosecutors think the accused encouraged someone to commit a crime or advised him or her in its commission. To prove these charges, the prosecution must show that the aider and abettor acted with criminal intent or that he or she had knowledge of the person who committed the crime’s criminal intent. In other words,...

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11 May
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The Oklahoma Trafficking in Illegal Drugs Act and Its Consequences

Posted by Clint
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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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09 May
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What Are “Aggravated” Drug Crimes in Oklahoma?

Posted by Clint
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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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09 April
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Overview of Federal Drug Crimes

Posted by Clint
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Overview of Federal Drug Crimes

Similar to Oklahoma law, federal law prohibits the possession, sale, distribution, manufacture, and trafficking of drugs. When someone accused of a drug crime is charged under federal rather than state law, usually the alleged crime was committed on federal land (such as airports) or it took place in multiple states. Federal drug laws differ from Oklahoma drug laws because of the different penalties, different classifications of drugs, and sometimes, different elements of the crime. Congress passed the Comprehensive Drug Abuse Prevention and Control Act, the main federal law prohibiting drug crimes, in 1970. It is also known as the Controlled Substances...

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26 March
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Sentence Enhancements for Drug Crimes Involving Children

Posted by Clint
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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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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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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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15 January
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Ignition Interlock Devices and Personal Breathalyzers

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Ignition Interlock Devices and Personal Breathalyzers

In the state’s quest to prevent drunk driving and punish drivers who violate the law, ignition interlock devices as DUI prevention have become increasingly popular. At the same time, drivers looking to avoid the consequences of a DUI often use personal breathalyzer devices. Oklahoma drivers who have their licenses revoked after a DUI arrest and do not seek an administrative hearing may obtain a modified license to drive. One condition of the modified license is installation of an ignition interlock device on the car or cars they drive. In addition, many drivers receive an ignition interlock requirement as part of a...

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06 December
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I Lied to My Lawyer – Now What?

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I Lied to My Lawyer – Now What?

So you lied to your lawyer. You told your lawyer that you did not stop at a bar on your way home from work, or you forgot to mention that you finished a bottle of whiskey before leaving the house. What should you do? Lawyers wish that clients would own up to their lies immediately – or at least before they step into a courtroom. The problem with lies is that they lead to more lies. Lies to your lawyer do not allow the lawyer to prepare adequately for defending you and limit your chances of success. Imagine a DUI client who...

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16 October
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What to Ask Your Lawyer Before You Accept a Plea Deal

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What to Ask Your Lawyer Before You Accept a Plea Deal

You should ask your lawyer a few key questions before you accept a plea deal. Plea deals usually involve a criminal defendant pleading guilty to a lesser crime – such as a citation instead of a misdemeanor or a misdemeanor instead of a felony – to avoid further prosecution. If you accept a plea deal, the lesser crime will appear on your record and you will face the consequences of that crime. Learn about the details of the proposed plea in your case before you agree to accept it. Is this plea the best deal for me? Not every plea ends...

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