If you face a drug charge in Muskogee, it is crucial that you contact an experienced criminal defense attorney as soon as possible so that you and your attorney can discuss your defense.
You may be able to beat your drug charge if you have an experienced attorney on your side. Read on to find out how to beat a drug charge in Muskogee.
Defending a Drug charge in Muskogee, Oklahoma
Oklahoma drug laws are among the toughest in the country, and an arrest for the possession, distribution or trafficking of drugs can have extremely sobering consequences.
A drug charge in Muskogee may be charged as a misdemeanor, as is the case for a first arrest on the charge of possession of marijuana. It may also be charged as a felony, such as in the case of possession with the intent to distribute.
Convictions on felony drug charges in Oklahoma are subject to mandatory sentencing laws, but even a misdemeanor conviction can result in up to a year behind bars.
Common drug charges in Muskogee include:
- Marijuana Possession
- Possession of a Controlled Substance
- Possession with Intent to Distribute
- Drug Distribution
- Drug Trafficking
- Drug Manufacturing
- Marijuana Cultivation
Typically, the only difference between possession (a misdemeanor for your first offense) and possession with the intent to distribute (a felony) is the quantity of drugs found in your possession.
Negotiating a Lesser Charge
A felony conviction, on even a first offense, is punishable by a minimum sentence of two years in prison to life in prison, depending on the amount and type of drugs involved.
However, when there is no evidence to prove that you intended to sell or distribute the drugs you had in your possession, an experienced attorney may argue to reduce a felony charge to a misdemeanor charge of simple possession.
Even in cases where there is some evidence that you intended to distribute, if the evidence is weak, the prosecuting attorney may be motivated to consider reducing the charge to a misdemeanor rather than risk losing the case. This is often acceptable to the defense, especially since it will spare you a mandatory prison sentence.
Motion to Suppress Evidence
In other cases, your attorney may be able to get the charges against you dismissed completely. If there is reason to believe that the police violated your rights by performing an illegal search or seizure, or in any other way violated your constitutional rights in obtaining evidence against you, your attorney may make a motion to suppress any evidence seized in this manner, which may result in a dismissal of the charges against you for lack of evidence.
Furthermore, there are times when the defendant may be able to avoid a conviction altogether if he or she is drug dependent and might benefit from a drug treatment program. In these cases, the court may be willing to sentence you to a type of probation with mandatory drug treatment without entering a guilty verdict.
Low-cost Consultation: Muskogee Drug Crimes Lawyer
When you face a drug charge in Muskogee or the surrounding areas, it’s time to retain a Muskogee Drug Crimes Lawyer who will look out for your legal interests. A Wirth Law Office – Muskogee attorney can advise you on how the criminal justice process works and offer answers to your specific legal questions. To begin your low-cost consultation, call now: (918) 913-0725, or call toll-free at 1 (888) 947-8452 [Wirth Law].
