Oklahoma takes marijuana offenses very seriously. One of the most serious charges you can be hit with is drug trafficking, and even if the drug in question is marijuana and not something more dangerous, the penalties can be enormous and the long-term implications for your life devastating. An Oklahoma City drug trafficking lawyer should be your first call as you see if there’s any way to reduce your trafficking charge to a lesser offense.

Can a Drug Trafficking Lawyer Help Reduce a Trafficking Charge in Oklahoma City?

The answer to this is “maybe.” In some cases, and completely depending on the specific circumstances of your case, it may be possible to plea bargain down to a reduced charge. In other cases, it may be possible for your lawyer to reduce your trafficking charge to something lower by pointing out a number of holes in the prosecution’s case, making it clear that it would be a tough sell for them to prove your guilt beyond any reasonable doubt.

Finally, in some cases, it may be possible to get certain crucial pieces of evidence excluded. If evidence can be excluded, it may be impossible for the prosecution to bring a trafficking charge, and they may have to settle for a lesser charge.

Understanding Trafficking Charges

By law, the prosecution does not need to show any evidence that you intended to sell or distribute marijuana in order to prove a trafficking charge. This is one of the things that makes a trafficking hard difficult to beat. All they have to do is show that you had more than 25 pounds of marijuana on your person or under your control. The prosecution will need to prove that the drugs themselves meet this threshold of 25 pounds and prove that you can reasonably be considered to have been the one in possession of them at the time of arrest.

How Charges Can Be Lowered

By Challenging the Evidence

The first possibility for getting the charges against you lowered from trafficking to something a little less serious is by challenging the evidence itself. For example, your lawyer may be able to get the evidence excluded entirely if it was found during what can be shown to be an illegal search, or if it was not properly taken care of or properly analyzed once the police took it into their custody.

There are strict requirements for a chain of custody on evidence of any crime, and any break in that chain introduces the possibility that evidence could be tampered with and may make it possible to exclude it. If the prosecution cannot actually use the marijuana as evidence in a trial, they are unlikely to attempt to press a trafficking charge. It may also be possible to suppress some evidence if your rights were violated at some point during the process of arrest and search.

By Challenging the Story

As mentioned above, one of the elements the prosecution must show is that the drugs belong to you. In some cases, this might be fairly simple for them to prove. If, for example, the entire 25 pounds was found on your person, it may be difficult to argue that the drugs are not yours. The same is true if they are found on the front seat of your car next to you when you get pulled over.

However, if they were to be found hidden somewhere in your vehicle, and if you were regularly in the habit of lending your vehicle to others, your defense lawyer may be able to show that it’s difficult to prove the drugs belong to you. The same is true if you were found in the same house or apartment as the drugs. If the drugs were hidden away somewhere, and you were either a visitor to the home or, if it is your home, we’re in the habit of allowing friends to freely come and go, it may be possible to cast doubt on the prosecution’s assertion that the drugs belong to you.

By Plea Bargaining

Plea bargains are when your lawyer helps you to make a deal with the prosecution for a lowered charge or for the prosecution to request lesser penalties in exchange for something you do to make their lives easier. For example, if you agree to plead guilty to a lesser charge, you may save the prosecution a lot of time, money, and effort in bringing a case against you. Sometimes, it’s possible to plea bargain by providing information. If you have something that can be helpful to the prosecution in a bigger and more important case, this could help your case. In some cases, it may not be possible to plea bargain for a lower charge, but you still may be able to get the prosecution to agree to ask for the lowest possible penalties under the law for your trafficking charge. There are no guarantees here, as whatever the prosecution suggest is just that: a suggestion. The judge may still assign whatever penalty he or she sees fit.

However, it’s never a good idea to attempt to plea bargain on your own.
The prosecution has no interest in making things easier for you. Always
talk to an experienced drug trafficking lawyer who knows the Oklahoma
City courts well. A lawyer like this will be able to make a good case on
your behalf and will know many of the prosecutors and judges
personally, which can be of benefit to you.

Other Tips to Help Your Case

Cooperate, But Be Silent

You have the right to remain silent from the moment you are arrested, and you should exercise this right at all times. Do not answer questions. Do not try to explain yourself. Do not argue or yell at the police or at anyone from the prosecutor’s office who comes in to ask questions. Politely and simply say that you want to talk to your lawyer and then be quiet.

Be sure to be polite. You can be firm and clear while not being rude, and that will always help your case. Being offensive, angry, belligerent, or otherwise making trouble could not only cause you to be charged with other things but might also make it harder for your lawyer to negotiate a plea bargain on your behalf.

Be Totally Honest With Your Lawyer

While you should be quiet around the police and never say anything, no matter how much they goad you or try to manipulate you into explaining yourself, you need to be completely honest with your lawyer at all times.

Your lawyer is on your side and can only help you if they have all the information. Attorney-client privilege protects you: your lawyer cannot reveal anything that you say to them in confidence. Tell them all the details of your situation and everything that you’re thinking so that they can build the strongest case to defend you and anticipate what the prosecution is going to try to argue against you.

In Oklahoma City, we are your Fierce Advocates®. We’re committed to getting you and your family through this and focused on your future. Contact Cannon & Associates in Oklahoma City now for a free case strategy session.