Drug Possession is Still Illegal in Oklahoma
Oklahoma once had some of the most stringent drug laws in the nation. Recently, Oklahoma has taken steps to reduce penalties for drug possession. In most cases, drug possession for personal use is now charged as a misdemeanor instead of a felony. Thus, while penalties are lessened, a conviction is always best avoided if possible. This article discusses some of the legal strategies and defenses that can be employed to avoid a conviction.
Prescription Defense
This defense asserts that the defendant had a valid prescription for the controlled substance they were accused of possessing, making their possession lawful under state and federal law. In order to use this defense effectively, you must have a valid prescription for the substance you have been caught with. This is proven by documentary evidence such as pharmacy receipts, medical records and the like.
You must also show that you were using the controlled substance in accordance with the terms of the prescription, including dosage instructions, frequency of use, and duration of treatment prescribed by the healthcare provider. (Okla. Stat. tit. 63 § 2-405)
Challenging Illegal Search and Seizure
One of the most effective defenses in drug possession cases is challenging the legality of the search and seizure that led to the discovery of the drugs. If law enforcement officers violated your Constitutional Fourth Amendment rights by conducting an illegal search or seizure without a valid warrant or sufficient probable cause, the evidence obtained during that search may be suppressed or excluded from trial.
This may involve proving that:
- The search was conducted without a valid warrant and did not fall under any recognized exception to the warrant requirement (such as exigent circumstances or consent);
- The warrant, if one was obtained, was based on false information, lacked probable cause, or was otherwise invalid; or
- Law enforcement exceeded the scope of a valid search warrant or conducted a search that was not supported by probable cause.
This is usually brought up as a motion to suppress the evidence that was obtained illegally, thus effectively ending the case against you.
Lack of Knowledge or Intent
In some cases, you may argue that you were unaware of the presence of drugs or that they did not have the intent to possess or control the drugs. This defense strategy may be applicable if you were in the vicinity of drugs but did not know they were there, or if someone else planted the drugs without your knowledge.
Chain of Custody Issues
Chain of custody refers to the documentation and handling of evidence from the time it was collected by law enforcement to its presentation in court. If there are discrepancies or gaps in the chain of custody that raise doubts about the integrity or reliability of the evidence, your attorney may challenge the admissibility of the drug evidence.
Entrapment Defense
In certain situations, you may argue that law enforcement officers induced or pressured you into committing a drug-related offense that you would not have otherwise committed. This defense strategy, known as entrapment, involves proving that the government’s conduct was improper and led to the commission of the crime.
Here is an example of how this defense may be used. John, a college student with no prior criminal record, is approached by an undercover police officer posing as a drug dealer. The officer repeatedly pressures John to purchase illegal drugs, even though John initially refuses and expresses reluctance. The officer uses persuasive tactics, such as offering a significant discount or appealing to John’s curiosity about drugs. Eventually, John succumbs to the pressure and agrees to buy a small quantity of marijuana. This may be sufficient evidence of entrapment to get the charges dismissed.
Preparation and Presentation of Defense Case
Your attorney will thoroughly review the prosecution’s evidence, interview witnesses, gather evidence to support your defense, and prepare a strong defense strategy for trial. This may involve presenting alibi witnesses, expert testimony, or other evidence to refute the charges against you. A defense strategy might be sufficient to persuade prosecutors to drop charges or reduce charges, avoiding the time, expense and stress of a criminal trial.
It’s important to note that the effectiveness of these defense strategies may vary depending on the specific facts and circumstances of your case, the type and quantity of drugs involved, prior criminal history, and other factors. Consult with a Muskogee criminal defense attorney to develop a defense strategy tailored to your specific facts and circumstances.
Contact a Muskogee Criminal Law Attorney
Contact the Muskogee lawyers at the Wirth Law Office – Muskogee to schedule an initial strategy consultation today at (918) 913-0725. If you prefer to contact us by email, use the form at the top of this page.
