Maintaining a Place Where Drugs are Kept

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Maintaining a Place where Drugs are Kept requires the defendant to have control, ownership, or management of the residence, structure, or vehicle, as distinguished from other persons resorting to it to buy/use controlled dangerous substances in violation of the law. A conviction of the crime of maintaining a place where controlled dangerous substances are kept requires that the activity giving rise to the charge must be more than a single, isolated activity. Rather, the term implies an element of some degree of habitualness.

A conviction of the crime of maintaining a place where controlled dangerous substances are kept requires that a substantial purpose, and not necessarily the sole purpose, of the residence, structure, or vehicle is for the keeping or selling of controlled dangerous substances, or the using of by persons resorting to the place for using controlled dangerous substances in violation of the law. The mere possession of limited quantities of a controlled dangerous substance by the person keeping or maintaining the residence, structure, or vehicle for that person's personal use within that residence, structure, or vehicle is insufficient to support a conviction of the crime of maintaining a place where controlled dangerous substances are kept.

Facing felony drug charges is very serious and it is important to know the criminal defense attorney you hire is experienced in defending drug charges, specifically suppression issues, the Fourth Amendment, and holding police to the burden of lawful conduct.

Oklahoma Statute

The statute for Maintaining a Place where Drugs are Kept is OKLA. STAT. tit. 63 § 2-404, which states “To keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled dangerous substances in violation of this act for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this act.”

Elements of the Crime

In order to be convicted of Maintaining a Place where Drugs are Kept in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove that:

1) knowingly or intentionally;

2) keeping or maintaining;

3) any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or place;

4) where persons using controlled dangerous substances in violation of the law often, customarily, generally go for the purpose of using such substance or used for the keeping or selling of controlled dangerous substances in violation of the law.

Oklahoma Jury Instruction #6-12.

What the Skilled Lawyers at Cannon & Associates Can Do For You

Being charged with Maintaining a Place where Drugs are Kept in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.

Contact – Cannon & Associates: Oklahoma Criminal Defense

Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.


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