Oklahoma and Federal drug trafficking laws are highly complex. One of the reasons why they are complex is because a defendant may be tried on the state or federal level, depending on the facts of the case. Getting arrested and charged with the offense of drug trafficking in one state allows the case to be tried under state laws, however, if the defendant was arrested in connection with the transportation of such illegal substances across state lines or a co-conspirator in the drug enterprise, then that drug trafficking case may be tried under federal law.
Wherever you or your loved one’s drug trafficking charge is pending, you need a Fierce Advocate and experienced federal criminal defense lawyer or state criminal defense lawyer. An experienced Oklahoma drug trafficking defense lawyer will have years of experience navigating the complex laws, including suppression and sentencing that are involved in drug trafficking defense, in both state and federal drug trafficking cases.
Have you been Accused of a Drug Crime?
If you have been accused of a drug crime, especially the crime of drug trafficking, you need to know that you are facing a very serious circumstance. Although there are certain misconceptions relating to drug trafficking crimes, you should know that a convicted drug trafficker faces steep punishment under state and federal laws. Convicts who have been arrested due to an intent to distribute may face a minimum of three years prison sentence as well as a fine of no less than $50,000. Oklahoma Aggravated Drug Trafficking charges require serving 85% of your sentence prior to being released on probation or parole.
In some drug cases, you may face asset forfeiture related to any assets seized based on the presence of evidence that such assets had been acquired from the gains of the illegal business. In addition to this, convicts stand to lose some of their basic civil rights and much more.
Avoiding prison time
One of the biggest worries for defendants facing drug crime charges, especially drug trafficking, is prison time. While jail or prison time is often involved in drug trafficking convictions, there are ways to avoid prison in your Oklahoma drug trafficking case. Some of the options available include:
Getting your charges dropped or dismissed
One of thebest ways to avoid prison time in a drug trafficking case is to get the charges filed against you dismissed or reduced. An experienced drug trafficking attorney may be able to do this in a number of ways, including challenging the evidence presented against the defendant and questioning the relevance of that evidence. In addition, the criminal defense lawyer may be able to argue the technicality of the evidence especially if it was obtained unlawfully through an illegal search and seizure. These issues fall under a very broad category of criminal law, suppression. When law enforcement violates one or many of your Fourth Amendment rights, the evidence they obtained as a result of violating your rights may be suppressed or kept out of court.
Lack of knowledge
The state is required to prove the defendant was aware of the content being transported. However, the criminal defense attorney may be able to push the “lack of knowledge” defense if the defendant was driving a rental car wherein the illegal substance was hidden or evidence was possessed by someone else in the vehicle. For this defense to hold, the defendant must have failed to make statements that acknowledged a prior knowledge of the drug’s presence in the vehicle.
Lack of possession
Oklahoma drug trafficking laws, as well as federal drug trafficking laws require proof of possession of the drugs in question. There are two primary forms of possession of drugs under criminal law: constructive possession and actual possession. It will be difficult to contest possession, if the drugs are found on your body, i.e. you are in actual possession of the drugs.
However, the issue that comes up most often is constructive possession. In order to prove constructive possession of drugs, the prosecutor must be able to prove knowledge and the ability/intent to control the disposition of the drugs in question. Simply stated, constructive possession requires the prosecution to show you had access to the drugs in question and the ability to do something with the drugs.
Notice, ownership is not an issue for possession of drugs under federal criminal law or Oklahoma state criminal laws. In order to win on the defense of lack of possession, your drug trafficking defense lawyer must show to the prosecutor, judge, or jury that you did not have access to the drugs, as ownership is irrelevant and not a defense.
Get the drug trafficking charges reduced
Another way a defendant facing drug trafficking charges can avoid prison time is to have the charges against him or her reduced from drug trafficking to simply possession of drugs or possession with the intent to distribute drugs. Reduced drug trafficking charges may be the result of your Oklahoma criminal defense lawyer’s ability to secure a deal with the prosecutor, an agreement to plead guilty to a lesser drug charge, or the defendant has agreed to cooperate with law enforcement agents.
In federal court, when a federal criminal defense provides “substantial assistance” in the investigation or prosecution of other defendants, the result may be a better outcome or reduced charges. With reduced charges, the criminal defense lawyer may be able to argue for a diversion program or probationary period for the defendant.
Contact – Cannon & Associates: Fierce Advocates for Oklahoma Criminal Defense in Drug Trafficking Cases
The penalties associated with drug trafficking convictions are steep. You want to hire the best attorneys with proven experience to handle your case for the best possible outcome, Trust Cannon & Associates to be Your Fierce Advocate and fight for you. Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.