How Do I Contest a Possession of Drug Paraphernalia Oklahoma Charge in Muskogee?

possession of drug paraphernalia Oklahoma Most people are aware that the use of illegal drugs is a crime.

However, fewer people understand that items such as pipes could violate the law, and lead to a possession of drug paraphernalia Oklahoma charge.

In fact, possession of drug paraphernalia in Muskogee can result in up to year behind bars and up to $10,000 in fines. Okla. Stat. tit. 63 § 2-405

If you’ve been accused of this misdemeanor crime, do not take it lightly and contact a defense attorney who can assess your case.

Defining Drug Paraphernalia Laws in Oklahoma

When you have your day in court, the judge will consider a number of factors to determine if the object you were caught with is actually illegal under drug paraphernalia laws in Oklahoma.

These factors include statements made regarding the object, the proximity to any drugs, the existence of residue on the object, instructions included with the object, or its sale display.

To make this determination, a judge may call an expert, another witness, or order a review other evidence. The defendant will also have an opportunity to testify as to the nature of the object. Okla. Stat. tit. 63 § 2-101.1

Defending a Possession of Drug Paraphernalia Oklahoma Charge

In Muskogee and other state communities, a possession of drug paraphernalia Oklahoma charge isn’t limited to actual possession.

The laws also encompass delivering or manufacturing objects for use with illegal drugs.

In order to succeed in convicting someone of this crime, a prosecutor will have to prove beyond a reasonable doubt that the defendant either knowingly or willingly possessed, delivered, or manufactured drug paraphernalia.

A prosecutor will also have to prove that the defendant intended that the object be used with an illegal drug. OUJI-CR 6-7

A defendant can make several arguments that disprove the state’s case against him or her. Most importantly, he or she can argue the item was not to be used with an illegal drug.