Drug Possession

Colorado, Washington, Oregon, and the District of Columbia have all completely legalized marijuana, and many more states have legalized it for medicinal use. However, Oklahoma still unfairly punishes first offenders with hefty fines and possible jail sentences. Punishment for more serious drugs like methamphetamine, cocaine, and heroin all carry even harsher sentences. Getting caught with marijuana or drugs in your vehicle can also result in losing your driver's license. When you're facing drug possession charges, it's important to find an attorney who has experience and the legal knowledge to do what it takes to fight for you.

Federal Possession Charge

Federal drug possession charges tend to deal with drug trafficking and result in longer sentences. The sale of illegal drugs, including the unauthorized distribution of prescription medications, is considered a serious federal offense. Arrests for trafficking can happen based on possession under circumstances indicating an intent to distribute.

State Possession Charge

Many counties in Oklahoma are of the opinion that if you are in a vehicle where marijuana or other drugs are present, then you are guilty of possession. That simply is not the law in Oklahoma. There is a long line of cases that has consistently stated that possession requires "knowledge and intent to control." And it is the State's burden to prove those elements. When analyzing your case I will look closely at the actions of the officers for any violation of your rights and at the legal definition of "possession" that the state must prove. I do this in each and every case and my record with holding the State to their burden speaks for itself.

Legal Representation

Someone who has been charged with drug possession needs the legal services of a criminal defense attorney. You cannot do this on your own. I have the knowledge and experience that will help you determine the best course of action to take. Since drug charges have such tough consequences, including years in prison, huge fines, loss of driving privileges and other rights, an experienced attorney will be critical for ensuring that the individual's rights are not violated in any way. Contact our firm today to get an experienced attorney on your side.

Common Defense Approaches

At the heart of any good drug crime defense is a solid 4th Amendment search and seizure analysis. After all, the police found the drugs in some manner, and the 4th Amendment to the United States Constitution governs what the police can and cannot do when searching. The 4th Amendment has a preference towards the police obtaining a warrant when possible. Unfortunately the Supreme Court has carved out many exceptions to the warrant requirement effectively castrating the power the founders of our Country intended when drafting the 4th Amendment. I will sit down with you and have you walk me through the entire encounter with the police. Whether you were in a vehicle, in the privacy of your own home, or just minding your own business on the street, I will analyze every action made. Oftentimes these cases can hang on one small action or even one word spoken to the police. I will look at it all and weigh the options with you. If a 4th Amendment violation is present, that can mean a full dismissal of your case.

Some drug possession charges resulted from the drugs being planted on the defendant's person or property. This can be extremely difficult to prove since it will be the defendant's word against authorities. Certain circumstances may also indicate entrapment. Entrapment occurs when authorities influence the outcome of a situation in which the defendant commits a crime that would have otherwise resulted differently had the state not been involved.

Lesser Included Offense

A criminal defense attorney will need to determine if the drug possession charges are a lesser-included offense. This means it will need to be determined if the drugs were simply being possessed for personal use or if they were being possessed with the intent to distribute, a larger, more serious crime. Knowing if the possession is a lesser-included offense plays a role in plea bargain negotiations, which can be the difference from a potential life sentence and a less-harsh punishment.

The Bottom Line

Drug possession cases can quickly escalate for a defendant, particularly without the benefit of a criminal defense attorney experienced in the area's possession laws. Details of the case, including the specific charges and evidence involved, need to be evaluated to ensure that the defendant's rights were not jeopardized.

An attorney will also be instrumental in making sure that the prosecutor provides adequate proof to back up the drug possession claims. The defense will want to demand explicit, definite and legal evidence indicating the defendant's guilt.

Even if your case cannot be won in the courtroom, I will negotiate the absolute best possible result in your case. I have experience handling marijuana possession cases and my knowledge and experience results in better plea negotiations for my clients.

Drug possession is a serious charge, thus it will take a prepared and competent lawyer to ensure that the case is managed right, contact us today to get started. Please call our Norman law offices at 405-322-5653.