Oklahoma has some pretty tough drug laws, and if you’re being charged with trafficking marijuana, one of the consequences to watch out for is the possibility of assets seizure. The laws here can be a bit complicated, and there are several ways that you can lose assets, so if you’re being charged with marijuana trafficking, it’s important to talk with an Oklahoma City drug crime lawyer as quickly as possible to make sure that your rights are protected and you have help to fight for the best possible outcome.
Asset Forfeiture in Oklahoma City Marijuana Trafficking Charges
What Can Be Seized In a Trafficking Charge?
The first thing that can be seized is naturally the marijuana itself and any drug paraphernalia that was found along with it. Oklahoma law allows for the police to take quite a bit more when they’re bringing a trafficking charge, however. The only catch is that they need to link what they’ve taking to the charge in some way. So, for example, if they can argue that you used a boat or a car to transport the drugs, the boat or car could be confiscated. Any money that they find or other valuable goods that they can say may have been taken in exchange for the marijuana, is also subject to forfeiture.
Finally, all real estate and land that can be linked in any way to the charge may also be subject to forfeiture, even if it wasn’t actually being actively used at the moment. If the state is able to claim that you intended to use it in any way to facilitate a violation of drug laws, then they can request the forfeiture of your real estate.
What’s the Standard of Proof?
Oklahoma has some of the strictest laws about asset forfeiture, and by strict is meant that the law favors allowing law-enforcement to take what they want and makes it difficult for the average person to fight back. Unfortunately, the reality is that the state can seize your assets and refuse to give them back even if you are never convicted of a trafficking charge in the end.
For you to be convicted of the actual trafficking charge, the prosecution must prove their charge beyond any reasonable doubt. This is quite a high bar to reach. But when it comes to asset forfeiture, the bar is much lower. The state only needs to prove “the preponderance of the evidence,” which means they only need to show that it’s more likely than not that whatever they have taken from you was related to a crime. Essentially, this throws all the burden onto you. Instead of simply defending your innocence, as you do against the criminal charge, you have to actively prove your innocence.
What Can a Drug Crime Lawyer Do for Me?
The unfortunate truth is that it is very difficult to get your assets back, even if you are never convicted of trafficking. But what we can say definitively is that your chances of getting your assets returned are even worse if you don’t have a drug crime lawyer helping you fight. There are some things that can be done to fight a forfeiture:
Demand a Jury Trial
If you’ve had your assets taken, and it amounts to more than $1,500 worth of property, then you can demand a jury trial to settle the matter. While this does not fix the problem of the low bar for proof, it does give your lawyer an opportunity to make a case before your peers.
Prove the Crime was Committed Without Your Knowledge
If you can show that the property in question was used by multiple people, and that you didn’t realize those people were using the property to commit a crime, this could be a valid way to defend yourself against forfeiture of your assets.
For example, if you own a vehicle and someone was using it without your permission and knowledge to commit a crime, you may be able to get the vehicle back. The same is true if you can show that your real estate was being used in connection with drugs, but not with your knowledge. You would have to be able to show that you are innocent of the drug trafficking charge and that any drugs found in your home were put there by other people.
You Didn’t Get Proper Notification
The government is required to give you notice before they take your property permanently. In other words, when you are taken in for a trafficking charge, while the government can at that moment confiscate any property that they believe is connected to the trafficking, they cannot keep it permanently until they have notified you and given you the opportunity to fight back. If they don’t do this, then your rights have been violated, and you may be able to fight the forfeiture on these grounds.
The precise nature of the violation will determine exactly how the government is required to notify you. For a marijuana trafficking charge, you must be sent a notice by certified mail to your address and given 45 days to respond. The state cannot just claim they don’t know your address. If they don’t know your address, then they are required to publish a notice in a general circulation newspaper in the county where the property was seized.
The Property Was Your Primary Home
The constitution of Oklahoma prevents asset forfeiture of a person or family’s “homestead.” This can be up to 1 acre, and it must be your primary residence used either only as a residence or as both a residence and a business. The 1-acre limit applies to anything within the limits of a town or city. Any property outside city or town limits is protected up to 160 acres.
The Seizure Was Too Big In Relation to the Crime
There is an amendment in the US Constitution that prohibits the government from applying “excessive fines.” This is somewhat subjective, but depending on how much was taken and the precise nature of what you end up being charged with, it may be possible to defend yourself on this basis.
The State Didn’t Follow the Proper Time Limits
If you are losing your property on the grounds that is connected to a felony, then the state has 90 days to file for forfeiture after they have seized your property. If they don’t file an official forfeiture suit within the time limit, you can challenge the forfeiture.
There’s a lot more that a qualified drug crime lawyer can do for you, not only in helping you to defend yourself against asset seizure but also in fighting the marijuana trafficking charge itself. A good lawyer may be able to discover and challenge flaws in the prosecution’s case, errors in the way the investigation was conducted, and use a knowledge of the law to lower penalties and work to get you a good plea bargain. The sooner your lawyer gets to work on your case, the better the chances of success. Contact us now Cannon & Associates in Oklahoma City if you or a loved one are facing criminal charges.