Though Oklahoma allows medical marijuana, without the appropriate prescription to use it or permits to possess or transport it, it is counted as a Schedule I controlled substance. Trafficking offenses involve significant quantities of cannabis, and carry severe legal penalties. At Cannon & Associates, in Oklahoma City, OK, we know that a specialist drug trafficking lawyer can make all the difference to your case if you are arrested for marijuana trafficking.
What Should You Do If You’re Arrested for Marijuana Trafficking in Oklahoma City, OK?
Understand the Charges Against You
You have the right to know the charges against you when you are arrested. If the arresting officer has not told you the reason for your arrest, you should ask.
What Does the Law Consider to be Marijuana Trafficking?
Marijuana trafficking is distinct from simple possession or distribution charges due to the quantity of cannabis involved. In Oklahoma, possessing, manufacturing, bringing in to the state, or distributing 25 pounds or more of marijuana is typically classified as trafficking. Using a person younger than eighteen to transport, manufacture, or distribute that quantity of marijuana is also classed as trafficking.
Trafficking is a more serious charge than possession and carries higher penalties because of the quantity of the substance suggests intent to distribute it. This is treated as a threat to public health and safety.
Stay Calm
Being arrested can cause emotions to run high, but it’s important to stay calm. Whatever the circumstances of your arrest, you should not lose your temper or attempt to resist the arresting officers. If you think that the arrest is not fair or the officers are being too rough with you, this is something that can be sorted out with your attorney later down the line. Do your best to be polite and reasonable, and do not give any opportunity for extra charges to be added to your sheet.
Exercise Your Rights
While you should not fight back or resist arrest, there are things you can do to protect yourself. All citizens have rights, and you should not be afraid to exercise them.
Remain Silent
The Fifth Amendment grants you the right to not incriminate yourself, or as it’s more commonly known, the right to remain silent. You are not obligated to answer questions or speak at all other than to give your name, your address, and your date of birth. You should not provide any statements to law enforcement without an attorney present, as anything you say can and will be used against you in court. Sometimes law enforcement officers may suggest that refusing to speak will make things worse for you; this is not true. You cannot be penalized for exercising your constitutional rights.
Do Not Consent to a Search
Law enforcement officers do not have the right to search your property or belongings without a warrant or probable cause. While officers are allowed to search your person if you are being arrested, you can refuse them permission to search your belongings and property if these are not in the immediate area of your arrest.
Ask for an Attorney
The magic words in this situation are, “I want to speak with my attorney.” This invocation of your right to legal representation should halt any further questioning by police. Do not discuss the case with anyone until your lawyer is present. If the police continue to try to get you to talk to them, continue to ask politely for a lawyer, and do not let yourself be drawn into conversation.
Anything you say after invoking your right to counsel and before that counsel arrives should not be able to be used against you as evidence. However, it may be argued that you gave a voluntary statement if you continue to talk to officers once you have invoked. All in all, it’s safer to ask for a lawyer and then stay quiet.
Retain an Experienced Drug Trafficking Lawyer
Drug trafficking is a serious charge, so you need a serious lawyer. It is possible that after invoking your right to counsel you spoke with a public defender, or a non-specialist lawyer in order to discuss your case and represent you at your bail hearing. However, you do not have to stick with that attorney for the entirety of your case.
The state is likely to pursue conviction aggressively, and even a first offense can result in forfeiture of assets, a fine of not less than $25,000, and a jail sentence of up to 20 years. The best thing you can do for yourself is to hire a skilled criminal defense attorney to build a strong defense for you.
A drug trafficking lawyer will not only be familiar with Oklahoma’s drug laws and common ways to challenge a trafficking charge, but will also have experience specifically defending clients with cases like yours. In addition, they will know the ways in which the prosecution are likely to attempt to trip you up during interviews and in court and will make sure that you do not incriminate yourself and that your constitutional rights are upheld.
Avoid Self-Incrimination
During the entirety of the legal process, you should be cautious about your actions and communications. Though you are likely to be granted bail and be able to return to your home until your trial, this does not mean that you should be careless.
Do Not Discuss Your Case
Avoid discussing the case with anyone, including your friends or family, as they could be subpoenaed later to testify against you. Similarly, you should not post any details about your case on social media, as your posts are not considered private and can be used as evidence.
Comply with Bail Conditions
If released on bail, you must adhere to all conditions set by the court. Law enforcement often surveils drug trafficking suspects, so the chances that you will be caught breaking the terms of your bail are high. If you violate your bail conditions, you will be re-arrested and will lose the security put up for your bail. You may not be allowed to post bail again, and if you are, the bond will be significantly higher.
Additionally, breaking the conditions of your bail can have a negative impact on your case. A judge and jury can be told that you broke the conditions of your bail, and this can be used to make you look like an untrustworthy or dishonest person. Though it is not necessarily true, many members of the public feel that only the guilty attempt to run.
Consider Plea Bargains or Alternative Sentencing
In some cases, the prosecution may be open to the possibility of you pleading guilty to a lesser charge in exchange for reduced penalties, that is, a plea bargain. Alternative sentencing options, such as probation, drug treatment programs, or community service, may also be available depending on your circumstances and criminal history.
An arrest for marijuana trafficking in Oklahoma requires immediate action. Stay calm, insist on your constitutional rights, and secure the services of our team at Cannon & Associates, in Oklahoma City, OK. We will use our years of experience with drug cases to review the circumstances of your arrest and build a strong case for your defense. Whether through courtroom strategies, plea negotiations, or alternative sentencing, we will do our utmost to defend you, protect your future, and work toward the best possible outcome.