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 requirements for committing a crime as listed in the law or in court cases. For example, the prosecutor must show that a person accused of possession with intent to distribute CDS (1) possessed CDS, (2) had the intent to distribute the CDS. If the defense can demonstrate that the accused did not possess any CDS or could not have had intent to distribute, the prosecution will not be able to meet its burden.
The Drugs Aren’t Yours
Sometimes defense lawyers can argue that the drugs police found did not belong to their client. You can show that you did not know there were drugs in your house or car. You may be able to show who the drugs actually belong to. For some drug crimes, your lack of knowledge that the drugs even existed could prove a compelling defense.
Illegal Search and Seizure
If police conduct an illegal search and seizure of evidence, the judge could prohibit the prosecution from using incriminating evidence obtained in the search. Illegal searches and seizures occur when police do not have a warrant and do not meet an exception to the warrant requirement. They also may occur when the warrant was invalid or when there was no probable cause for the search. Your attorney can review the facts of your case to see if there was an illegal search and seizure.
Entrapment
When law enforcement get a suspect to commit a crime that he otherwise would not have committed, the suspect was a victim of entrapment. Entrapment is slightly different than police sting operations. In drug cases, there may have been entrapment if the police officer provides the drugs.
Mistakes by Law Enforcement
Sometimes crime labs incorrectly test substances, or they mistakenly identify substances as CDS when they are not. Sometimes police mishandle evidence, take drugs from the evidence locker, or plant evidence on suspects. If your lawyer can prove law enforcement misconduct, you could win in court.
Of course, attorneys cannot guarantee that a defense will be successful in your case. But they will work with you to determine the most convincing defenses that could help you get a “not guilty” verdict, a plea deal, or a reduced sentence in court.
Have you been charged with a drug crime in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, can assess your case and evaluate the best defenses to argue in court. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.