There are a variety of drug crimes in Oklahoma. Some of these offenses result in more serious penalties than others, but all will have an impact on your future if convicted. Fortunately, several powerful strategies can be utilized to defend against these charges. The following will review some of the important issues to consider when preparing your defense against drug charges in Oklahoma.
Oklahoma acknowledges several types of drug-related offenses, which include:
One of the most common ways to respond to the element of possession in a drug charge is to argue that even though a person had actual possession of the drug, he or she cannot be found guilty of possession because he or she was not aware that he or she possessed the substance. This defense can also be raised if law enforcement searches a person’s residence and finds drugs that the individual was not aware were there.
Another common way to defend against a possession charge is by arguing a lack of possession. This strategy is often used when prosecution attempts to show that a person could control illegal drugs. Control is necessary to prove possession, which means that if it can be shown a person was merely a passenger in a vehicle or not the owner of the residence, a strong defense can often be raised.
Another common way to argue against drug-related charges is to claim that law enforcement abused its power. For example, the Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures. If law enforcement performed a drug search and neither had a warrant nor probable cause to perform the search, a strong argument arises that evidence of drugs should be suppressed because it was unlawfully obtained.
If you are at risk of being convicted of a drug-related offense, contact attorney Tracy Tiernan, a criminal defense attorney who is prepared to fight for the results you deserve. Contact attorney Tiernan today by calling (918) 587-7377.