When most people think of drug trafficking, they think of scenes from a tv show or movie;
however, in real life people are shocked to learn about the substantial penalties and prison time they may face as a result of being charged with a drug trafficking offense in Oklahoma. Time is of the essence and it is crucial to your case that you retain an experienced Oklahoma drug trafficking defense attorney. You may reach us by PHONE or by completing the CONTACT
FORM on this page to schedule a free confidential case evaluation. In the meantime, the
following are some of the common defenses we have raised successfully for clients facing drug
Drug Trafficking Defense No. 1
Your Constitutional rights were violated and you were the subject of an illegal search or seizure. Decisional law from appellate courts and the United Supreme Court as well as the Fourth
Amendment form the basis for your protection from illegal searches. Any evidence that was
retained as a result of an illegal search cannot be used against you in court. Our Fierce Advocates will research the evidence and facts of your case and file the appropriate suppression motion, if you were the victim of an illegal search.
No illegally obtained evidence that the police collected can be used against you in your drug
trafficking case. The most common causes of illegal searches and seizures are as follows: illegal traffic stops (traffic stops without probable cause), illegal searches of your person with cause,and searches of vehicles or your home without a warrant. Any time an officer conducts a search or a seizure without probable cause, your rights have been violated and that evidence should be suppressed by the Court. Police often try to use an exigent circumstance to form the basis for anotherwise illegal search; however, our Oklahoma Drug Trafficking defense attorneys are ready to fight for you and suppress illegally obtained evidence.
Drug Trafficking Defense No. 2
Any statements obtained by law enforcement without your being advised of your Miranda Rights
are inadmissible. Police must read you or advise you of your rights under Miranda before asking
you any potentially incriminating questions, if you are in custody or under arrest. One of the
most common battles we fight in suppression and drug trafficking cases is statements elicited by
police after a drug trafficking stop and before our client was advised of his or her rights under Miranda.
Your rights under Miranda are as follows: to be free from questioning without an attorney, the
right to remain silent, and a reminder that “anything you say can and will be used against you in a court of law.” You weren’t read your Miranda Rights. We are Fierce Advocates for our client’s Constitutional Rights and we hold law enforcement to the law in court, if they attempt to admit statements that should be suppressed.
Drug Trafficking Defense No. 3
You did not possess the drugs. Proximity is not proof of guilt in Oklahoma. In order be guilty of drug trafficking, you must possess the requisite amount of the specific drugs. Oklahoma drug
possession law allows for actual and constructive possession. Actual possession means you are
physical possession of the drugs, which is uncommon in drug trafficking. The other, more
common form of possession in drug trafficking, is constructive possession drug trafficking. In
constructive possession, you must have the ability and intent to control the disposition of the
illegal drugs. This is a serious point of contention and a question we pose to the jury, if
If the prosecutor in your drug trafficking case cannot prove that you actually or constructively
possessed the drugs, they cannot be conceited of drug trafficking.
Drug Trafficking Defense No. 4
Entrapment is a defense to the situation where law enforcement coerces you or sets you up to
commit a crime. The basis of the entrapment defense is that you cannot be held criminally liable
for a crime that you were forced or coerced into committing. In drug trafficking cases, law
enforcement will often engage in sting operations to “set up” a drug transaction that amounts to
drug trafficking. Our Fierce Advocates for drug trafficking defendants will fight for you and
raise an entrapment defense, if the facts are right in your drug trafficking case.
Drug Trafficking by Weight in Oklahoma
The following shows the minimum weight or quantity of drugs to constitute Trafficking in
Trafficking Marijuana + 25 pounds
Aggravated Trafficking Marijuana + 1,000 pounds
Trafficking Cocaine or Cocaine Base + 28 grams
Aggravated Trafficking + 450 grams
Trafficking Heroin+ 10 grams
Trafficking Methamphetamine + 20 grams
Aggravated Trafficking Methamphetamine + 450 grams
Trafficking LSD + 1 gram
Trafficking PCP + 20 grams
Trafficking MDMA (“Ecstasy”) + 10 grams or + 30 tabs
Trafficking Morphine + 1,000 grams
Trafficking Oxycodone + 400 grams
Trafficking Hydrocodone + 3,750 grams
Trafficking Benzodiazepine + 500 grams
Trafficking Fentanyl and derivatives + 1 gram
Trafficking in Illegal Drugs: OKLA. STAT. tit. 63 §2-415
Contact – Cannon & Associates: Oklahoma Drug Trafficking Defense
Experience matters when you or a loved one are facing drug trafficking charges in Oklahoma. It
is important to know the Oklahoma drug trafficking defense lawyer you hire is dedicated to your
cause and versed in all aspects of search and seizure laws, suppression of illegally obtained
evidence, and drug trafficking laws in Oklahoma.
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma drug trafficking defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and National Trial Lawyer Top 40 under 40. Contact Cannon & Associates to protect your rights and fight for you in your drug trafficking defense in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.