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Tulsa drug crimes lawyer Tag

13 June
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Exceptions to the Warrant Requirement for Drug Searches

Posted by Clint
in Blog
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
in Blog
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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21 March
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Which Drugs Are Illegal in Oklahoma?

Posted by Clint
in Blog
Which Drugs Are Illegal in Oklahoma?

With State Question 788 in the Oklahoma news on a weekly basis, you may be wondering which drugs are illegal in Oklahoma. The ballot initiative would legalize marijuana for medical use only with a doctor’s recommendation. Currently, marijuana and many other drugs are illegal in Oklahoma. Oklahoma law divides drugs into five different categories, called “schedules”, depending on characteristics shared by different drugs. The drugs are referred to as “controlled dangerous substances” (CDS) under the law. Possession, distribution, and manufacturing of CDS carry different penalties depending on the drug and the schedule to which it belongs. The categories are broken down...

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16 March
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Will Medical Need Excuse Your Possession of Marijuana Charge?

Posted by Clint
in Blog
Will Medical Need Excuse Your Possession of Marijuana Charge?

People find relief from various different medical conditions by using marijuana, whether prescribed by a doctor or obtained by other means. In Oklahoma, marijuana users who treat medical conditions with the plant could face serious criminal charges if found in possession of marijuana or under its influence. New legislation up for a state-wide vote in June 2018 could help them stay out of trouble. Voters will decide State Question 788 on June 26, 2018. If passed, the ballot initiative would legalize the licensed use, possession, and cultivation of marijuana for medicinal use only. Users would need to obtain a signature from...

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12 March
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Could You Lose Your Government Benefits Because of a Drug Charge?

Posted by Clint
in Blog
Could You Lose Your Government Benefits Because of a Drug Charge?

People charged and convicted of a drug crime face many obstacles, such as continuing to receive government benefits. Depending on the benefit program, you may have to reapply or you may be barred altogether from receiving benefits. If you and your family rely on government benefits, research each program to determine whether you can receive them if you are convicted of a crime. Generally, simply being charged with a drug crime is not enough to affect your benefits eligibility because you are considered innocent until proven guilty. If you are convicted, many different programs have restrictions on receipt of benefits. For...

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