To beat a drug trafficking charge, first, you must understand what drug trafficking means in Oklahoma.
The following is an explanation of drug trafficking in Oklahoma.
What is Drug Trafficking?
In Oklahoma, drug trafficking is defined by possession of a specific weight or amount of illegal drugs, not by proof of sale, manufacture, or distribution. Many confuse it with drug distribution, but trafficking charges only require possession of the requisite quantity, which is typically substantial.
Unlike simple possession, drug trafficking is always a felony in Oklahoma, carrying steep penalties. Those convicted must serve most of their sentence—often 85% before parole eligibility. Trafficking charges can also be complicated by the weight and measurement of the drugs and may be prosecuted at the federal level depending on the circumstances.
Being arrested on drug trafficking charges in Oklahoma does not mean that you will only face potential prosecution in state court. It is important to note the following regarding drug trafficking charges in Oklahoma:
- Drug trafficking charges may qualify as a federal crime, depending on who made the arrest and where the drug trafficking offense took place;
- Drug trafficking charges are different from drug possession charges. In Oklahoma, drug trafficking is solely based on the weight of drugs identified, not the intent to distribute; and
- Drug trafficking charges are more serious and attract steeper penalties, which may include a prison sentence.
Is Your Drug Trafficking Charge a State or Federal Crime?
Drug trafficking is both a federal crime and a state crime.
While there are both state and federal laws to prosecute drug trafficking, it is important to note that most state laws against this drug trafficking are based on existing federal laws. Additionally, many drug trafficking cases are prosecuted at the federal level in Oklahoma when it is alleged that the trafficked drugs crossed state lines.
Additionally, drug trafficking can be considered a federal crime when there is a large amount or weight of the illegal drug, when a federal officer spearheaded the investigation or arrest, and when the case involved any other federal criminal law, such as money laundering or RICO.
It is important to note that federal drug charges carry harsher penalties and longer sentences compared to Oklahoma penalties for drug trafficking.
What are Federal Drug Charges?
Federal drug charges often involve criminal involvement in drug offenses across state lines or a violation of federal law. Federal drug charges are often more serious than state drug charges and are handled by a different set of characters on a different stage.
- Investigation: Federal drug charges are often investigated by federal police organizations, such as the DEA or FBI. However, some federal drug cases are investigated by local law enforcement and turn federal during the process.
- Filing Charges: Federal drug charges are most often filed or brought against an individual through the Grand Jury process. In grand jury proceedings, the prosecutor or U.S. Attorney will present the investigation by federal investigators or local law enforcement for the Grand Jury to determine if sufficient evidence exists to support the Indictment or federal charges.
- Prosecutors: federal drug charges are prosecuted by federal prosecutors, referred to as United States Attorneys or Assistant United States Attorneys, typically called AUSAs.
- Court Proceedings: federal drug charges are prosecuted in federal court, i.e., in Oklahoma, the Western District of Oklahoma, the Northern District of Oklahoma, or the Eastern District of Oklahoma. These Courts operate under federal law and the Federal Rules of Criminal Procedure, which are far different from state court prosecution.
Common federal drug charges revolve around the possession, manufacturing, sale, transportation, and distribution of illegal substances across state lines. A drug charge may also become a federal case if the accused was arrested by a federal law enforcement body like the United States Drug Enforcement Administration (DEA) or, in Oklahoma, if the defendant is a member of a tribe based on the Supreme Court’s decision in McGirt.
As with the other consequences of federal criminal law, the consequences of a federal drug crime conviction are often steeper than state criminal drug consequences.
What Legal Defenses Can Be Used in Drug Trafficking Cases?
A drug trafficking conviction can include punishments of prison sentences, fines, difficult terms of probation, or all of the above. However, to avoid the penalties of a drug trafficking conviction, a drug trafficking defense lawyer will seek a reduction of charges, a plea deal in your drug trafficking case, or outright dismissal of the case. Here’s how:
Fourth Amendment
A defense attorney can contest a drug trafficking charge when it has been established that there was no warrant obtained by the police to carry out the search that led to the defendant’s arrest. Additionally, the defense counsel can push to prove that the evidence presented in court was obtained illegally, thus making it inadmissible.
To make this work, the defense uses the Fourth Amendment and relevant case law or decisional law by appellate courts to seek a “motion to suppress” evidence. Law enforcement is bound by the warrant requirement of the Fourth Amendment before searching your home, vehicle, or other areas for drugs, unless exigency exists to remove the warrant requirement.
Exigency to remove the warrant requirement in drug trafficking cases is a fact-specific and detailed legal argument. Your chosen drug trafficking defense lawyer must be familiar with the laws and procedures to seek suppression of illegally obtained evidence, which includes calling the officers to court who conducted the search and exposing that they violated your rights.
Challenging Evidence and Lack of Possession
Absence sufficient evidence upon which a conviction for the crimes can be made. The defense attorney in this case questions the credibility of the body of evidence presented by the prosecuting attorney, who has the burden of proof beyond a reasonable doubt. To make this play, the defense counsel must have thoroughly examined the evidence and compared the evidence to the elements of Drug Trafficking in Oklahoma. Additionally, the defense may target the major evidence and pull the case apart from there.
Oklahoma law requires the prosecutor to prove actual or constructive possession of drugs before obtaining a conviction for drug trafficking. Your drug trafficking defense lawyer should raise issues of possession if the facts warrant such an argument. Constructive possession requires knowledge and the ability to control the disposition of an object, i.e., illegal drugs.
Therefore, the prosecutor does not have to show that you physically had the drugs in your possession to sustain a conviction for drug trafficking; however, constructive possession is the only other method to prove possession for drug trafficking, and an experienced Oklahoma drug trafficking defense lawyer will know how to fight or contest your possession of the drugs.
Challenging the Credibility of Confidential Informants
The defense may question the interest of Criminal Informants. Under the Sixth Amendment, defense counsel has the right to know the identity of the informant, and based on this knowledge, the testimony may be discredited by referencing past occurrences that raise questions about the informant’s judgment and interests.
Confidential Informants (“CI”) are used in many drug trafficking investigations; however, the credibility of these witnesses to support a warrant, a search, or any subsequent law enforcement action in your drug trafficking case must be contested.
The government has the burden to prove the CI is reliable before the evidence they present being held admissible. It is important that your Oklahoma drug trafficking defense lawyer is familiar with contesting issues dealing with confidential informants.
Entrapment and Strategic Defense Tactics
An Oklahoma drug trafficking defense lawyer may claim entrapment. While this is a risky defense, it can help you reach the desired outcome in your drug trafficking case if the court determines entrapment occurred. For an entrapment defense, the defendant is expected to admit to committing the crime; however, the defendant’s counsel is burdened with the task of proving that the crime was justifiable. The defendant may claim he or she was pressured to commit the crime due to threats.
Many law enforcement officers or agencies will participate in orchestrating a larger crime to obtain a conviction for a more serious offense or to catch the “kingpin” of a drug trafficking ring. In cases that are in part orchestrated by law enforcement, entrapment may be a viable defense to drug trafficking charges.
An experienced drug trafficking defense attorney may use the following defenses and tactics to fight for you in your drug trafficking case:
- Formally request the amendment of the charges against you in your drug trafficking case;
- Seek compensation for the defendant’s cooperation and provision of substantial assistance in federal court;
- Request deferred prosecution of reduced drug charges;
- Submit to treatment and participation in programs in exchange for a reduced sentence or probation; or
- Cooperate with the government in exchange for a reduction in charges or sentence.
Contact – Cannon & Associates: Oklahoma Fierce Advocates® For Drug Trafficking Defense
If you are facing drug trafficking charges in Oklahoma state court or federal court, it is important to work with an experienced Oklahoma drug trafficking defense attorney. When you take a strategic approach to your drug trafficking case, you increase your chances of obtaining a dismissal or avoiding prison in your drug trafficking case.
Your Fierce Advocates® at Cannon & Associates are dedicated to answering your questions and preparing you for whatever lies ahead in your Oklahoma drug trafficking case. Our owner is a Judge Advocate and former prosecutor, and we take pride in assisting clients through the difficult times of facing the criminal justice system.
We cannot guarantee that you will avoid jail or have your case dismissed by hiring us, but we promise to maximize your chances of having your case dismissed and avoiding jail. CALL our OKC criminal defense attorneys today at (405) 657-2323 for your free confidential case strategy session to help you understand your options.