If you are heading into a marijuana trafficking trial in Oklahoma, it can help to know what to expect. A drug trafficking lawyer in Oklahoma City gives an overview of what a trial for drug trafficking is like.
What Should You Expect During a Marijuana Trafficking Trial in Oklahoma? Answers from a Drug Trafficking Lawyer in Oklahoma City
Pre-Trial Process
Arrest
A trial actually begins with an arrest for marijuana trafficking. Various agencies will be involved, depending on the jurisdiction, such as the Oklahoma Bureau of Narcotics and Dangerous Drug Control or the Oklahoma State Bureau of Investigation. If the charges involve interstate trafficking, federal agencies will be involved, such as the FBI or the DEA.
Formal Charges and Arraignment
After the arrest is made, formal charges will be filed. Charges of trafficking will be based on how trafficking is defined by Oklahoma law: possessing more than 25 pounds of marijuana. There is no requirement that there be proof of intent to sell. For larger amounts (1,000 pounds or more), the charge will likely escalate to aggravated trafficking, which carries harsher penalties.
Arraignment
An arraignment will then take place before a judge. At the arraignment, the defendant will have the opportunity to plead guilty, not guilty, or no contest. It is at this point that the judge will decide whether to set bail, and, if so, will announce the amount of bail that they have decided.
Discovery
During the discovery stage, the lawyers for both sides will exchange evidence, such as forensic reports on drug weight or documentation from law enforcement. Pretrial motions may also occur during this phase. There may be motions to suppress evidence, especially if the defense argues that the search and seizure of the marijuana was unlawful, according to the Fourth Amendment.
The Trial
Jury Selection, If Applicable
You have the right to a jury trial, although you may waive that right if you wish to have a trial only before a judge. If you proceed with a jury trial, both your lawyer and the lawyer for the other side will have the opportunity to question potential jurors. The goal is to find jurors that can be impartial during the trial. The lawyers will ask questions of the potential jurors to identify biases related to drug laws or the legalization of marijuana.
Opening Statements
The prosecution will begin by outlining their case, giving an overview of what their arguments will be and how they will attempt to prove the charges. Then the defense, your lawyer, will do the same.
Presentation of Evidence
The prosecution presents first. They will call witnesses such as law-enforcement officers or forensic experts, and introduce any evidence pertinent to the case, for example, the marijuana that was seized. The defense will have the opportunity to cross-examine any witnesses called by the prosecution, and then will present their side of the case. They may call their own witnesses and present their own evidence.
During this stage, the defense may challenge anything in the prosecution’s case, such as chain of custody, legality of seizure, or weight of the marijuana. It’s common for delays to happen during this part of the trial.
Closing Arguments and Deliberation
Both sides will then summarize their cases for the jury (or for the judge if there is no jury). The jurors will then meet together privately to discuss their conclusion. Their verdict must be unanimous before it is presented to the court.
Possible Outcomes
Conviction and Sentencing
If the verdict is conviction, the sentence will be determined by the judge, based on the state’s guidelines, the severity of the crime (often determined by the quantity of the marijuana), and the circumstances, such as the defendant’s history of offenses. First offenses may result in fines of thousands to hundreds of thousands of dollars, and prison terms of 0 to 20 years, although probation may be possible. Drug-related property and proceeds may also be seized by the state, regardless of who is using it.
A prison term for a second offense may be anywhere from 4 years to life, while subsequent offenses carry a minimum of 20 years to life in prison. A conviction for aggravated trafficking means fines up to $500,000 and a mandatory prison sentence of a minimum of 15 years. At least 85% of prison term must be served before eligible for parole.
Appeal
If the trial results in a conviction, the defendant has the right to appeal. However, an appeal is permitted only if they can show that legal or procedural errors happened during the trial or if they have new evidence to present. An appeal is not a guarantee, however, that the case will be retried or that their sentence will be reduced.
Reduced Charges
A successful defense may result in reduced charges, such as negotiating down from a trafficking charge to a charge of possession with intent to distribute. The goal is to have a charge that carries a lighter penalty, without mandatory minimums.
Plea Bargains
A plea bargain is when a defendant agrees to plead guilty to a lesser offense in exchange for the original charge to be dropped. For example, they might plead guilty to simple possession or a misdemeanor, in exchange for a reduced sentence, lower fine, or probation. This is more likely if the prosecution is hoping to resolve the case quickly or if their evidence is weak.
Dismissals
Dismissal of the case is less common, but it can happen if the lawyer for the defense wins a major motion, such as suppressing evidence that was obtained illegally, for example, from an unlawful search. Winning a motion like this leaves the prosecution unable to prove the charges beyond a reasonable doubt, and the case may be dismissed.
Common Strategies of the Defense
Challenging the Legality of Evidence
A common strategy that the defense attorney may use is filing a motion to suppress evidence on the basis that it was obtained illegally. For example, evidence may be suppressed that was found without a warrant or by means of an unreasonable search. If this motion wins, the prosecution will be unable to use that evidence to support its case.
Examining the Chain of Custody
A defense lawyer will also look closely at how evidence was handled throughout the case. They will search for irregularities or gaps in the chain of custody. If a piece of evidence was not handled properly during the process, then it may be deemed inadmissible.
Contesting the Weight or the Intent
The defense may also argue that the marijuana that was found was not weighed accurately. If the amount was less than 25 pounds, then the trafficking charges may be dropped. They may also argue that the defendant did not intend to traffic the marijuana. Intent is not required for trafficking charges to succeed, but it may help in reducing the charges.
Providing Alternative Explanations
An alternative explanation may be presented as a defense, perhaps that the defendant was not aware of the drugs presents. Another explanation may be that they were coerced, or that they had a legitimate medical purpose for the marijuana.
Looking at Law Enforcement’s Practices
Proving racial profiling, unreliable testimony, or other illegal practices by law enforcement may also help to undermine the credibility of the prosecution.
If you are facing a trial on charges of marijuana trafficking, reach out to in Cannon & Associates in Oklahoma City, OK, for legal advice and assistance.