Ways to Defend Against Oklahoma Drug Charges

Tracy Tiernan - October 28, 2019 - Criminal Defense

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.

There are Different Types of Drug Charges

Oklahoma acknowledges several types of drug-related offenses, which include:

  • Drug conspiracy. This offense involves establishing that there was an agreement by two or more individuals to distribute an illegal substance. Conspiracy convictions require proof that there was an agreement by two or more individuals to accomplish an unlawful objective, that the convicted individual knew of the purpose of the plan and willfully joined it, and there are some overt acts that show a person helped move the plan forward. 
  • Drug distribution. Activity that results in drug distribution charges includes delivering, smuggling, or transporting illegal drugs in exchange for money or anything else of value. 
  • Drug manufacturing. This offense refers to illegally producing a controlled substance.
  • Drug possession. This offense occurs when a person is determined to possess either drugs or drug paraphernalia. The severity of the charges is based on the weight and packaging of the drugs involved. 
  • Drug trafficking. Under Oklahoma law, this offense includes possessing a certain amount of a drug. There need not be any evidence that a person was trying to distribute, sell, or share the drug. The factor that separates drug distribution from drug trafficking is the amount of drugs involved.

There are Several Types of Possession-Related Defenses

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. 

Law Enforcement Sometimes Violates Rights

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.

Speak with an Experienced Criminal Defense Lawyer

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.