Oklahoma City is a tough place to face any kind of drug charge. Our state takes drug crimes extremely seriously, and if you’re being charged with any kind of drug crime, it’s very important to talk with a drug crime lawyer as quickly as possible. Many people mistakenly believe that marijuana is a less serious drug and therefore the state takes it less seriously, but this is simply not true in Oklahoma. Marijuana is highly regulated, and marijuana drug crimes are punished just as harshly as any other. Here’s what you need to know.
What Role Does Intent Play in Marijuana Trafficking Cases in Oklahoma City?
When it comes to marijuana trafficking, intent essentially has absolutely nothing to do with it. The police don’t have any obligation to prove that you intended to sell or distribute the marijuana. The simple fact of having over a certain amount is enough to trigger a trafficking charge. Having 25 pounds or more of marijuana counts as drug trafficking. The same as true if you are caught with 72 ounces or more of edibles or just 1 ounce of marijuana concentrate.
It cannot be emphasized too strongly: the police do not have to find the slightest evidence that you intended to distribute or sell this marijuana to charge you with trafficking. It doesn’t matter if there were no baggies or scales in the area, if you didn’t have any cash on you or nearby, or if they can’t find any text messages or phone calls that would suggest you were planning any sort of sale. Simply having the amount is enough for a conviction for trafficking.
Where Intent Does Matter
If you have less than the threshold amounts that trigger a trafficking charge, then intent does matter. At this point, the choice is whether to charge you with possession or possession with intent to distribute. That latter charge is much more serious and a felony conviction. If you’re charged with intent to distribute and convicted, you’re facing a minimum of two years in jail with the possibility of being sent away for up to 20 years just for a first offense. If it’s not your first offense, it’s possible you could be sentenced to a lifetime in prison.
To be charged with intent to distribute, the police must find some evidence that you were planning to sell or even just share your marijuana. This could take the form of baggies and scales, of course, but you can also be charged with intent to distribute just by passing around a joint among your friends. There is no minimum amount of drugs that you have to have on you to be accused of intent to distribute. If the police can find a way to say that you intended to distribute it, they will, no matter how small the quantity of the marijuana you had.
Penalties
A first time conviction of possession with intent to distribute is punished with a $20,000 fine and a minimum jail sentence of two years. If it’s a repeat offense, expect these penalties to double quickly. If you’re charged with trafficking, the first defense brings a fine of $25,000-$100,000 and prison time of up to 20 years. If it’s your second trafficking charge, the minimum required prison sentence is four years, and you can be given life. If it’s your third trafficking charge, the minimum prison sentence is 20 years.
The state gives the police the authority to confiscate any property or money that they can link to an illegal activity, and sometimes these “links” are just wild assumptions. To get your property back requires a completely different, civil procedure that is separate from the criminal trial you’ll face. Even if you are found not guilty of trafficking, you will not get your property back without a fight. It’s hard to do this under the best of circumstances, and virtually impossible to recover your lost property without a lawyer.
What a Drug Crime Lawyer Can Do for You
Protect You
The first thing your lawyer does is protect you, and this protection begins the moment you call. If you’re being charged, you should immediately refuse to answer any questions and demand to talk to a lawyer. Be polite and do not resist physically in any way, but be firm in your refusal to talk. Be aware that the police may attempt to engage you in small talk, hoping that you’ll be caught off guard and say something they can use against you. No matter how friendly they are, don’t engage.
We’ll come to where you are being held and immediately protect you from any manipulation or pressure to say something that can be used against you. Once you have retained a lawyer, the police are not allowed to question you without your lawyer present, and if they violate this rule, we can use this against them and to defend you.
Do Our Own Investigation
When you’re locked up, you can’t investigate your own case, and you may have trouble even finding out what evidence the prosecution has and how they intend to use it. Once you retain a lawyer, we’ll get to work digging deeply into all the specifics. We look at body cams and other video to an analyze the behavior of the officer and fully understand the circumstances of your arrest. There may be something there that can be used to defend you or to weaken the prosecution’s case, particularly if you were searched without a warrant or probable cause or if your rights were violated at some point along the way.
We also look into the evidence itself. Once the prosecution has seized the marijuana, it must be properly tested, and it must be handled perfectly. If there are questions about the testing, the actual weight of the marijuana, or about the chain of custody from the time it was taken, this can all be used in your defense.
An experienced lawyer can also look into whether there are ways to cast doubt on the argument that the drugs are yours at all. If the drugs were found in the trunk of a car that you were borrowing or frequently loaned to others, or in a home that you shared with other people, it may be possible to plea bargain for a lesser charge by showing the prosecution how difficult it will be to prove beyond a reasonable doubt that those drugs are yours.
Negotiating and Defending
Don’t wait if you’re being charged with a drug crime. The sooner you get a lawyer on your case, the better. Contact Cannon & Associates now for help.