OKC Drug Defense Lawyer: Protecting Your Future and Freedom.

Police officer holding a bag of drugs found in the trunk of a car. If you've been charged with drug trafficking in Oklahoma City, our drug trafficking defense lawyers can help you.

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Oklahoma Drug Charges Overview

Possession of Controlled Dangerous Substances

Possession of a Controlled Dangerous Substances With Intent to Distribute

Possession of Drug Paraphernalia

Manufacturing Controlled Dangerous Substances

Aggravated Manufacturing of Controlled Dangerous Substances

Drug Trafficking

Maintaining a Place Where Drugs are Kept

Distribution

Drug Schedules in the United States

Resources

Drug crimes are taken seriously by prosecutors in Oklahoma, from simple possession to complex drug trafficking and racketeering schemes. A large percentage of state prisoners in Oklahoma are incarcerated based on drug crimes. Facing drug charges can affect multiple aspects of your life, including your freedom, finances, and your future. Drug charges carry more than a potential prison sentence; they potentially carry heavy fines, difficult probation, and a complex counseling and or treatment program.

The first step to help your criminal drug charges in Oklahoma is to hire an experienced Oklahoma criminal defense attorney. CANNON & ASSOCIATES is dedicated to Fierce Advocacy for those facing criminal drug prosecution. Once you have hired an Oklahoma Criminal Defense Attorney, you can begin to build your defense and tell your story.

Why You Need a Drug Crime Lawyer for Trafficking & Other Drug-Related Criminal Charges

Unfortunately, the harshest punishment in drug cases is often the lasting effect on your record and career. A conviction may appear on background checks and make it difficult to obtain employment, loans, and professional licenses. It is essential to obtain quality legal representation from an Oklahoma drug crime defense attorney who has helped hundreds of clients obtain the best possible outcome in their particular circumstances.

You need an experienced attorney who will fight for you, if you have been arrested, charged, or you are being investigated. Drug charges in Oklahoma come in many forms, and each case and or charge requires a different approach. All the charges can be found in Title 63 of the Oklahoma Statutes:

  • Possession Controlled Dangerous Substance
  • Possession Controlled Dangerous Substance within 1000 feet of a school or park
  • Possession with Intent to Distribute
  • Possession Controlled Dangerous Substance Proceeds
  • Trafficking Controlled Dangerous Substances
  • Aggravated Trafficking Controlled Dangerous Substance
  • Maintaining a Dwelling where Possession with the Intent to Manufacture
  • Manufacturing Controlled Dangerous Substances
  • Possession with Intent to Distribute Imitation Controlled Dangerous Substance
  • Conspiracy to Distribute a Controlled Dangerous Substance

Prior to July of 2017, you would be charged with a felony for possession even a very small amount of certain controlled substances. This was true, even with no prior criminal record. However, after this update to drug laws in Oklahoma, simple possession in Oklahoma became a misdemeanor offense, even if you have prior felony charges or convictions for possession of drugs. Possession now carries up to one year in jail and up to a $1,000 fine for first time offenders.

Possession with Intent to Distribute drugs is still a felony, which carries prison time. Whenever an individual is arrested with an amount of drugs law enforcement believes is more than an amount for personal use and or the person has drug paraphernalia, such as multiple baggies, a scale, or other items that indicate dividing or selling drugs; a person will likely be arrested and charged with felony possession with intent to distribute. Being charged with this crime is very serious, and in addition to carrying large fines and collateral consequences, a defendant is faced with the potential of up to life in prison even on a first offense.

A commonly known term in drug crimes is trafficking drugs; however, the distinction between drug trafficking and distribution is often unclear to my clients. The primary difference between the two is, in trafficking cases the amount, or weight, of drugs is higher.

Possession of Controlled Dangerous Substances

There are two kinds of possession: actual and constructive. Actual possession is when a person knowingly has direct, physical control over a thing at a given time. A person who is not in actual possession but knowingly has power and the intention to exercise dominion or control over a thing at a given time has constructive possession. Both are prohibited by the law.

Possession can also be sole of joint. One person who has actual or constructive possession of a thing is the sole possessor. However, if two or more people share actual or constructive possession of something, they are joint possessors. A person may be deemed to be in joint possession of a controlled dangerous substance which is in the physical custody of an associate if he/she willfully and knowingly shares with that other person the right to control the disposition or use of such substance.

Possession of a Controlled Dangerous Substance is no longer in and of itself a felony; however, there are serious penalties and costs that can result from these charges, including difficult probation or up to one (1) year in jail. It is important you hire a experience Oklahoma Drug Defense lawyer to help you with your case.

Oklahoma Statute

The statute for Possession of a Controlled Dangerous Substance is OKLA. STAT. tit. 63 § 2-402, which states “It shall be unlawful for any person knowingly or intentionally to possess a controlled dangerous substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this act. It shall be unlawful for any person or business to sell, market, advertise or label any product containing ephedrine, its salts, optical isomers, or salts of optical isomers, for the indication of stimulation, mental alertness, weight loss, appetite control, muscle development, energy or other indication which is not approved by the pertinent federal OTC Final Monograph, Tentative Final Monograph, or FDA-approved new drug application or its legal equivalent. In determining compliance with this requirement, the following factors shall be considered: the packaging of the product, the name of the product, and the distribution and promotion of the product, including verbal representations made at the point of sale.”

Elements of the Crime

In order to be convicted of Possession of a Controlled Dangerous Substance 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) knowing and intentional;

2) possession;

3) of the controlled dangerous substance;

Oklahoma Jury Instruction #6-6.

drug dealer in handcuffs

Possession of a Controlled Dangerous Substances With Intent to Distribute

Possession of Controlled Dangerous Substances with Intent to Distribute means to deliver other than by administering or dispersing a controlled substance, as well as the actual, constructive, or attempted transfer from one person to another of a controlled dangerous substance, whether or not there is an agency relationship.

Unfortunately, with simply possession charges becoming misdemeanor offenses; more and more people are being charged with Possession with Intent to Distribute or PWI offenses. 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 Possession of Controlled Dangerous Substances with Intent to Distribute is OKLA. STAT. tit. 63 § 2-401, which states “To distribute, dispense, transport with intent to distribute or dispense, possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit the use of or use the services of a person less than eighteen (18) years of age to cultivate, distribute or dispense a controlled dangerous substance; to create, distribute, transport with intent to distribute or dispense, or possess with intent to distribute, a counterfeit controlled dangerous substance; or to distribute any imitation controlled substance, except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services.”

Elements of the Crime

In order to be convicted of Possession of Controlled Dangerous Substances with Intent to Distribute 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:

1) knowingly or intentionally;

2) distributing, transporting with the intent to distribute, soliciting to use, or using the services of a person less than 18 years old to cultivate, distribute, manufacture or attempt to manufacture;

3) the controlled dangerous substance.

Oklahoma Jury Instruction #6-2.

Possession of Drug Paraphernalia

Possession of Drug Paraphernalia means any kind of equipment, products, or material that are used or intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act.

Possession of Drug Paraphernalia charges are rarely charged without accompanying drug charges; however, it is important to understand what Possession of Drug Paraphernalia means in Oklahoma. Additionally, 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.

Drug Paraphernalia Includes the Following Under Oklahoma Law

  • kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived,
  • kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances,
  • isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance,
  •  testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances,
  •  scales and balances used or intended for use in weighing or measuring controlled dangerous substances,
  • diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances,
  • separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana,
  • blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances,
  • capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances,
  • containers and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body,
  •  hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body, and
  • objects used or intended for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as: metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls, water pipes, carburetion tubes and devices, smoking and carburetion masks, roach clips, meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand, miniature cocaine spoons and cocaine vials, chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, or ice pipes or chillers;

Provided, however, the term “drug paraphernalia” shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation or pipes designed for smoking tobacco.

Oklahoma Statute

The statute for Possession of Drug Paraphernalia is OKLA. STAT. tit. 63 § 2-405, which states “B. No person shall use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act, except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy. No person shall deliver, sell, possess or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act. Any person eighteen (18) years of age or over who violates subsection C of this section by delivering or selling drug paraphernalia to a person under eighteen (18) years of age shall, upon conviction, be guilty of a felony.”

Elements of the Crime

In order to be convicted of Possession of Drug Paraphernalia 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 ONE OF THE FOLLOWING:

1) knowingly or intentionally;

2) using or possessing drug paraphernalia;

3) to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body;

4) the controlled dangerous substance

OR

1) delivering, possessing, or manufacturing drug paraphernalia;

2) knowing that it was to be used;

3) to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body;

4) the controlled dangerous substance

OR

1) delivering drug paraphernalia;

2) to a person under 18 years old;

3) who was at least 3 years younger than the defendant;

4) knowing that it was to be used;

5) to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body;

6) the controlled dangerous substance

Oklahoma Jury Instruction #6-7.

Manufacturing Controlled Dangerous Substances

Manufacturing Controlled Dangerous Substances means to make or produce certain drugs on a large scale, usually requiring some kind of machinery or industrial production. Facing felony drug manufacturing 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 Manufacturing Controlled Dangerous Substances is OKLA. STAT. tit. 63 § 2-401, which states “Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person to manufacture or attempt to manufacture any controlled dangerous substance or possess any substance listed in Section 2-322 of this title or any substance containing any detectable amount of pseudoephedrine or its salts, optical isomers or salts of optical isomers, iodine or its salts, optical isomers or salts of optical isomers, hydriodic acid, sodium metal, lithium metal, anhydrous ammonia, or organic solvents with the intent to use that substance to manufacture a controlled dangerous substance.”

“Any person, upon conviction, violating the provisions of this subsection with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance in the following amounts:

  • 1 kilogram or more of a mixture or substance containing a detectable amount of heroin,
  • 5 kilograms or more of a mixture or substance containing a detectable amount of: (1) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed, (2) cocaine, its salts, optical and geometric isomers, and salts of isomers, (3) ecgonine, its derivatives, their salts, isomers, and slats of isomers, or (4) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (1) through (3) of this paragraph,
  • 50 grams or more of a mixture or substance described in subparagraph (2) of paragraph b which contains cocaine base,
  • 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP),
  • 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD),
  • 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N- propanamide,
  • 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana or 1000 or more marihuana plants regardless of weight, or
  • 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a dectable amount of methamphetamine, its salts, isomers, or salts of its isomers,

is guilty of aggravated manufacturing a controlled dangerous substance punishable by imprisonment in the State Penitentiary for not less than twenty (20) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. Any person convicted of a violation of the provisions of this paragraph shall be required to serve a minimum of eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional earned credits towards the completion of the sentence or eligible for parole.

Elements of the Crime

In order to be convicted of Manufacturing Controlled Dangerous Substances 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:

1) knowingly or intentionally;

2) manufacture or attempt to manufacture;

3) the controlled dangerous substance.

Oklahoma Jury Instruction #6-3.

Officer finding drugs hidden in car. Crime scene.

Aggravated Manufacturing of Controlled Dangerous Substances

Aggravated Manufacturing of Controlled Dangerous Substances means to make or produce certain drugs on a large scale, usually requiring some kind of machinery or industrial production. Manufacturing the controlled dangerous substances becomes aggravated when it is produced in a large quantity and is therefore seen as being more serious crime.

Oklahoma Statute

The statute for Aggravated Manufacturing of Controlled Dangerous Substances is OKLA. STAT. tit. 63 § 2-401, which states, any person, upon conviction, violating the provisions of this subsection with respect to the unlawful manufacturing or attempting to unlawfully manufacture any controlled dangerous substance in the following amounts is guilty of aggravated manufacturing a controlled dangerous substance:

  • 1 kilogram or more of a mixture or substance containing a detectable amount of heroin,
  • 5 kilograms or more of a mixture or substance containing a detectable amount of: (1) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed, (2) cocaine, its salts, optical and geometric isomers, and salts of isomers, (3) ecgonine, its derivatives, their salts, isomers, and slats of isomers, or (4) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (1) through (3) of this paragraph,
  • 50 grams or more of a mixture or substance described in subparagraph (2) of paragraph b which contains cocaine base,
  • 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP),
  • 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD),
  • 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N- propanamide,
  • 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana or 1000 or more marihuana plants regardless of weight, or
  • 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a dectable amount of methamphetamine, its salts, isomers, or salts of its isomers,

Being found guilty of this offense is punishable by imprisonment in the State Penitentiary for not less than twenty (20) years nor more than life and by a fine of not less than Fifty Thousand Dollars ($50,000.00), which shall be in addition to other punishment provided by law and shall not be imposed in lieu of other punishment. Any person convicted of a violation of the provisions of this paragraph shall be required to serve a minimum of eighty-five percent (85%) of the sentence received prior to becoming eligible for state correctional earned credits towards the completion of the sentence or eligible for parole.

Elements of the Crime

In order to be convicted of Aggravated Manufacturing of Controlled Dangerous Substances 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:

1) knowingly or intentionally;

2) manufacture or attempt to manufacture;

3) the controlled dangerous substance identified in the statute above.

Oklahoma Jury Instruction #6-3C.

Drug Trafficking in Oklahoma City

In the state of Oklahoma, there are few charges as serious as drug trafficking charges. If you are charged with drug trafficking, you may be prosecuted under both state and federal laws. The penalties given for such crimes can be severe and unforgiving and without the help of an experienced criminal defense attorney, you might be facing a long time behind bars. A knowledgeable Oklahoma City drug trafficking attorney will be able to explain the severity of these charges and the effect that they can have on the rest of your life.

Drug trafficking in Oklahoma, as is the case in most states, is dependent upon a threshold or minimum amount or weight of drugs that law enforcement believes can be tied directly to a single defendant. The volume amounting to Trafficking for some of the most common drugs is as follows:

  • Marijuana: 25 pounds
  • Methamphetamine: 20 ounces
  • Cocaine: 28 grams
  • Heroin: 10 grams
  • Ecstasy or MDMA: 10 grams or 30 pills
  • Hydrocodone: 3,750 grams
  • Oxycodone: 400 grams
  • Morphine: 1,000 grams
  • LSD or Acid: 1 gram
  • Benzodiazepine: 500 grams

The exact penalty for drug trafficking and distribution depends on the specific type of drug and amount or volume of drugs involved. The penalty can include up to life in prison for these offenses and up to half-a-million dollar fine. Click here to learn more specific information about drug trafficking charges and how to fight them.

What is Drug Trafficking

Unlawfully manufacturing illegal drugs, selling or transporting illegal drugs, or importing illegal drugs are all forms of drug distribution, commonly known as drug trafficking. Drug trafficking is a similar crime to possession, in which someone has been found in possession of an illegal drug or substance they intend to use personally. For the charges to become trafficking, the person must knowingly mean to transport or sell the drugs. Certain circumstances can lead to a higher chance of being charged for aggravated trafficking over possession, such as being found with weighing scales or bundles of cash.

Why is Drug Trafficking a Federal Crime?

While drug trafficking is a serious crime under both state and federal laws, under federal law (21 U.S.C. § 841) “it is a crime for any person “knowingly or intentionally– (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.” Following this statute means that the crime of drug trafficking can even be used to charge someone who is simply in possession of a certain amount of controlled substance or more. It doesn’t even matter if the substance was never sold or distributed.

hand being handcuffed

Criminal Penalties For Federal Drug Trafficking Offenses

The state of Oklahoma has its own laws regarding the punishment for drug trafficking cases as does the federal government. Normally, people convicted of drug trafficking offenses on a federal level will be charged depending upon the volume of drugs they were caught trafficking. These sentences may be raised if the defendant has a history or a felony offense on their record.

It isn’t just long prison sentences and expensive fines you might have to deal with either. There could be a seizure and forfeiture of all assets that may be related to the operation. This means bank accounts could be seized, as well as properties and vehicles.

Finally, there may be immigration consequences, including deportation after the sentence.

Drug Trafficking Defense Strategies

Whether you are fighting drug trafficking charges in Oklahoma City, or on a federal level there are a number of ways that you can defend against a decision that could influence the rest of your life.

Your criminal defense law firm will know all of these strategies and will employ the one that is most likely to work. They may use this defense to have the charges dropped and the case thrown out or they may use the defense to get you reduced sentencing or the charges dropped to a lower offense. They may also negotiate a plea deal on your behalf.

Here are some of the potential defenses that your law firm may use to fight your drug-related charges:

  • The prosecution cannot prove beyond reasonable doubt that you were trafficking the controlled dangerous substance.
  • The prosecution used an illegal search to provide their evidence.
  • You had no knowledge of the drugs.
  • There was no probable cause to arrest you.
  • You were entrapped.
  • You weren’t in possession of the controlled dangerous substances.
  • You believed the substance was legal.

How to Beat a Trafficking Charge: Advice From an Oklahoma City Drug Lawyer

The United States is facing a serious drug epidemic, one that seems to get worse every year. In response to this, the federal government has become more and more zealous in its prosecution of any aggravated trafficking crimes. This makes it even more important to hire strong and aggressive representation to fight back. The federal prosecutors need to prove beyond reasonable doubt that you committed the crimes they are accusing you of committing.

Remember, to win their case they need to prove that:

  • You 100% knowingly possessed the substance.
  • You were 100% involved in the sale, transportation, or importation of the substance.

The term “possess” means that you had full control over the drugs. For “distribution” they must be able to prove that you actually tried or attempted to try to distribute the drugs according to the illegal drugs act.

Distribution

No minimum or maximum amounts are set forth in Oklahoma statutes to quantify distribution of drugs. Rather, it is primarily a totality of the circumstances analysis, meaning if a prosecutor believes you may be sharing drugs or selling drugs then you will be charged with distribution.

Two people exchanging a bag of pills and a roll of money. Our drug defense lawyers fight for those accused of drug crimes in Oklahoma City.

Maintaining a Place Where Drugs Are Kept

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.

Drug Schedules in the United States

All drugs, whether inherently legal or illegal, fall under one of five Drug Schedules determined by the Drug Enforcement Agency of the United States, the DEA. This list includes the most dangerous illegal drugs all the way down to common prescription medicine.

Schedule I: this category of drugs has no “federally accepted” medicinal purpose and has the highest potential for drug abuse. This category includes drugs such as: marijuana, heroin, LSD (acid),MDMA (ecstasy), mushrooms, and many more.

Schedule II: this category of drugs has minimal accepted medical purposes and those that are accepted are highly regulated due to the highly likelihood for abuse of this schedule of drugs, including: cocaine, morphine, codeine, other opioids, other painkillers, and opium.

Schedule III: this category is the middle ground with a moderate risk of abuse and more commonly accepted medical purposes than Schedule II. Some of the drugs falling under Schedule III are hormones, narcotic compounds, anabolic steroids, and barbiturates.

Schedule IV: this category includes drugs with very common medical purposes with little risk of abuse, such as Ambien, Ephedrine, Klonopin, Valium, and Xanax.

Schedule V: this category is reserved for drugs, which the DEA believes has very little likelihood of abuse, i.e. these drugs are not stimulants or depressants and contain a low amounts of narcotics. Another often overlooked and widely contested area of drug defense is possession of drug proceeds. Anything law enforcement believes is purchased from the sale of drugs can be categorized as drug proceeds, including but not limited to the following: homes, cars, motorcycles, televisions, electronics, drug paraphernalia, items used in the creation or storage of drugs, equipment used in the cultivation, production, or transportation of drugs, as well as your money, whether cash or in a bank account.

Drug Proceeds

In order to be charged and convicted of possession of drug proceeds, the prosecution must prove a connection between the item of value and drugs. Specifically, knowingly acquiring, receiving goods, or derived from a violation of the Dangerous Substance Act. These charges are subject to overreach and an experienced defense attorney can hold the government to its burden and help you. As discussed in other pages of this website, the prospect of obtaining a positive result in criminal cases involving drug charges is greatly increased with hiring criminal defense counsel with experience defending drug cases.

Treatment

Additionally, participating in the most appropriate treatment or rehabilitation program, while your case is pending, will increase the likelihood of obtaining a positive outcome in your case. There are a variety of diversion options and treatment programs available for drug offenses. Please visit our page on Diversion Programs in Oklahoma for more information.

Drug Trafficking Defense in Oklahoma City

Facing drug-related charges in Oklahoma City (OKC) can be a daunting and life-altering experience. The complexities of drug laws, the potential legal consequences, and the intricate court processes can leave individuals feeling overwhelmed and uncertain about their future. In such challenging times, the experience and guidance of a seasoned OKC drug lawyer can make all the difference.

Whether you’re dealing with accusations of drug possession, distribution, trafficking, or any other drug-related offense, having a competent and dedicated drug defense lawyer by your side is essential. This article delves into the realm of drug defense legal representation in OKC, shedding light on critical aspects that you should be aware of when evaluating or seeking the services of an OKC drug lawyer.

From understanding the cost of hiring a criminal lawyer to exploring strategies for beating drug charges and comprehending the nuances of drug trafficking laws in Oklahoma, we will navigate the intricacies of drug defense in OKC. So, if you find yourself facing drug-related legal troubles, read on to gain a better understanding of how an OKC drug lawyer can be your ally in achieving a fair and just outcome.

Why is it important to Hire an Experienced Drug Defense Attorney in OKC?

When you find yourself entangled in legal issues related to drug offenses in Oklahoma City (OKC), the importance of hiring a drug lawyer cannot be overstated. The complex and ever-evolving nature of drug laws, coupled with the potentially severe consequences, underscores the critical role of a skilled and experienced drug defense attorney. Here, we will explore the pivotal reasons why securing the services of an OKC drug lawyer is a decision that can significantly impact the outcome of your case. For a deep dive on this topic read our previous post How to Beat Your Drug Trafficking Charges in Oklahoma?

However, for the purposes of this broader article, it is important to know that your Oklahoma drug defense is based on two separate issues: potential suppression of evidence based on law enforcement violating your rights OR mitigation, which supports that you should be treated more reasonably in the outcome or punishment of your case. 

When you work with an experienced OKC drug defense attorney they will begin by seeking dismissal of your charges based upon a lack of evidence connecting you to the drugs or suppression of evidence to stop the government from presenting a case against you. Additionally, an experienced OKC drug defense lawyer will have the ability to tell you about the pros and cons of a decision at each point of your case. An experienced OKC drug defense attorney will have represented multiple clients in the same circumstance and will be able to fight for the best possible outcome given all the factors at issue in your case. 

How Much Does a Criminal Lawyer Cost in OKC?

The cost of hiring a criminal lawyer in Oklahoma City (OKC) can vary significantly based on a multitude of factors. Legal representation is an essential investment when you’re facing criminal charges, but it’s crucial to understand the range of costs associated with it. In this section, we will delve into the various elements that influence the expense of securing legal counsel and provide insights into what you can expect when seeking a criminal lawyer in OKC.

What Factors Influence the Cost of Hiring a Criminal Lawyer in Oklahoma?

Several factors play a pivotal role in determining the cost of hiring a criminal lawyer in Oklahoma City. Understanding these factors is crucial as it allows you to make an informed decision when seeking legal representation. In this section, we will explore the key elements that influence the financial aspect of securing a criminal lawyer in OKC, shedding light on the nuances that can impact your investment in legal defense. The following are some of the most common factors influencing the cost of hiring a criminal lawyer in Oklahoma:

1. The seriousness of your drug charges plays a significant role in the cost of hiring a criminal lawyer in Oklahoma. The more serious the charges, the more evidence that must be reviewed and the more work that must be done to fight for your rights and your freedom in your Oklahoma drug defense case. 

2. The number of counts in your Oklahoma drug case can impact the cost of hiring an experienced OKC criminal defense lawyer. As stated above, the complexity of the case and work necessary to defend your rights may increase based on the number of counts or charges pending against you. 

3. The jurisdiction of your OKC drug charges impact the cost of hiring an experienced criminal defense attorney in Oklahoma. Federal drug charges are some of the most complex and therefore require the most work in many instances to protect your rights. Similarly, complex felony drug charges such as drug conspiracy or drug trafficking are highly complex and your future is on the line when facing these charges. The seriousness of these allegations cannot be overstated and an experienced criminal defense attorney will need to spend a significant amount of time on your case, not working on other matters, in order to best defend your future and your rights.  

4. Conversely, simple drug possession charges in Oklahoma are now misdemeanor offenses and therefore carry less risk and require less time to defend against. Therefore, simple drug possession or possession of drug paraphernalia charges in Oklahoma will how lower fees than drug trafficking or federal drug charges. 

What do Experienced OKC Drug Defense Attorneys Charge for Legal Fees?

When considering the cost of hiring a criminal lawyer in Oklahoma City, having a clear understanding of average cost ranges or pricing models can help you make an informed decision. The typical cost structures and pricing models employed by criminal lawyers in OKC, are value based fees or “flat fees” meaning you will have one total payment due for representation in your OKC drug defense. The value based fee model gives you and your family certainty by knowing the total costs for your representation, as opposed to the retainer billing model common in civil work, which can result in much higher total costs as the billable time adds up in your case. 

Our OKC criminal defense team has structured fees that we hope are less than what you would expect to pay if you elected a retainer fee model; therefore, you and your family will have certainty at the beginning of representation. Generally, as of the date of the article in 2023, the value based retainer fee for misdemeanor drug charges in Oklahoma ranges from $2,500 to $4,000 and anywhere from $5,000 to $25,000 for felony drug charges depending upon the seriousness and complexity of your drug defense. You can certainly find cheaper OKC drug defense counsel; however, you will find that you get what you pay for when you chose the cheapest option in your OKC drug defense. We have payment plans and financing options available to help families obtain representation by Your Fierce AdvocatesÒ

How to Find an Affordable OKC Drug Defense Lawyer?

Securing legal representation is a critical step in addressing criminal charges, but the cost can be a concern for many individuals. It is important as stated above, the ensure you have a written fee agreement or contract with your OKC drug defense lawyer. Your fee agreement will spell out exactly what is expected of you and what is expected of your OKC defense attorney and defense team. Additionally, your fee agreement should describe your total financial obligation and when you must make what payments. It is important to work with an OKC drug defense attorney that offers payment plans. 

Cannon & Associates wants to provide our services to as broad a section of the community as possible. We do this by offering financing and payment plan options to serve the financial needs of as many families as possible. When you follow these guidelines, you can navigate the process of hiring an attorney while keeping your financial considerations in check.

How Long Does the DA Have to File Drug Charges in OKC?

The timeline within which the District Attorney (DA) has to file drug charges in Oklahoma City is a crucial aspect of the legal process. Understanding this timeframe is essential, as it can have a significant impact on your case. The statutes of limitations and the specific duration within which the DA can initiate drug-related charges in OKC differs for each type of drug charges.

The Statute of Limitations For Drug Charges in OKC

The statute of limitations is a fundamental legal concept that dictates the timeframe within which criminal charges can be filed for a specific offense. When it comes to drug charges in Oklahoma City, understanding the statute of limitations is essential. In this section, we will provide an overview of the statute of limitations for drug charges in OKC, however, for a more specific explanation of the statutes of limitations for Oklahoma drug charges, please read the following:

FAQ Criminal Defense in Oklahoma

How to Beat Drug Charges in OKC

When facing drug charges in Oklahoma City, the prospect of building a successful defense can be a ray of hope. In this section, we will explore effective strategies and approaches that individuals can employ to increase their chances of beating drug charges in OKC. Whether it’s understanding legal defenses, evidentiary matters, or other critical aspects of the legal process, this information will help you navigate the path to a favorable outcome in your case.

What are Key Legal Strategies for Defending Against Drug Charges in Oklahoma?

Mounting a strong defense against drug charges in Oklahoma City requires a solid legal strategy. In this section, we will discuss various legal strategies and tactics that individuals can use to challenge drug-related allegations effectively:

1. Collection of all evidence in your case: prior to analyzing your best options in the defense to your drug charges in Oklahoma, it is important to understand all of the available evidence against you. Our investigator and legal team will obtain all available evidence to assist you in considering the options in your case.

2. Suppression of Evidence: It is key to evaluate the application of your rights and the laws related to suppression in the defense of your drug charges. When law enforcement violates your rights your OKC drug defense attorney should seek to have your charges dismissed by agreement or through filing a suppression motion with the Court. 

3. Factual Defense: obtain a dismissal of charges in your drug trafficking or other drug charges in Oklahoma, it is important to 

Understanding the approaches and tools available for your defense is vital in securing the best possible outcome in your case.

What is the Role of Evidence and Witnesses in Drug Charges?

In the fight against drug charges in Oklahoma City, the importance of evidence, witnesses, and the legal processes cannot be understated. As stated above, defending drug charges in Oklahoma is a very fact intensive process. Therefore, knowing exactly what evidence the prosecution can present in your case, including witnesses is very important in evaluating the strength of the government’s case against you.  

The prosecutor in every Oklahoma drug case depends on the witnesses and evidence the prosecution can present against you in court. It is not enough for the government to simply be aware of evidence that may be available in your prosecution; the prosecutor must in fact be able to present witness testimony and evidence connecting you to the alleged controlled dangerous substance to continue with your prosecution.  

Understanding the elements that impact the prosecutor’s ability to present a compelling case against you in court is very important to evaluating your options in fighting your OKC drug charges or seeking a resolution that reduces your exposure to the potential punishments involved with your specific Oklahoma drug charges. These elements are essential in building a strong defense strategy and countering the allegations effectively.

Why is it important to hire an experienced drug defense lawyer?

While navigating the complexities of drug charges in Oklahoma City, one essential factor cannot be emphasized enough—the importance of hiring an experienced OKC drug defense lawyer. Your chosen OKC criminal defense attorney’s experience, knowledge of the law, and ability to craft a strong defense can significantly impact the outcome of your case, making their services an invaluable asset in your battle against drug charges in OKC.

What Amount of Drugs is Considered Trafficking in Oklahoma?

Understanding the specific quantities of drugs that are legally classified as trafficking is crucial when dealing with drug-related charges in Oklahoma. The Oklahoma legislature has determined specific quantities of each type of illicit substance that amount to trafficking weight. Understanding these quantities as they apply to your specific charges is vital for anyone facing such allegations in Oklahoma.

Drug Trafficking Penalties in Oklahoma

What is Drug Trafficking in Oklahoma?

Drug trafficking laws in Oklahoma are designed to combat the illegal distribution and transportation of controlled substances. Although the quantity or weight of each specific drug is different in order to meet the drug trafficking threshold, the elements necessary to support drug trafficking charges are the same as drug possession; however, there is a weight requirement in order for drug possession to become drug trafficking.

Facing OKC Drug Charges

Facing OKC drug charges causes a variety of concerns for each client and their family; however, do not fear. You and your OKC drug defense lawyer can develop a strategy based on the concepts above to seek dismissal of your OKC drug charges. When or if you and your OKC drug defense attorney cannot get your drug charges dismissed, you can fight your charges in court or seek a resolution that avoids the potential negative consequences of going to trial.  

Your OKC criminal defense attorney should help you ensure the prosecutor has sufficient evidence to connect you to the alleged drugs, as well as sufficient evidence to prove the weight requirement in order to meet drug trafficking, if you are facing those charges. Additionally, separate drug charges, such as drug conspiracy and possession with intent to distribute have different elements, which your OKC defense attorney can assist you with understanding.

Emphasize the Importance of Seeking Legal Counsel When Facing Drug-Related Charges

One crucial takeaway from this article is the paramount importance of seeking legal counsel when confronted with drug-related charges. In this final segment, we will underscore the significance of enlisting the services of a skilled attorney to navigate the complexities of the legal system and secure the best possible outcome in your case. Legal representation can be the key to safeguarding your rights and future in the face of drug-related allegations in Oklahoma City.

Next Steps in Your Drug Defense

We strongly encourage readers who are facing drug-related legal challenges in Oklahoma City to reach out to a reliable and experienced OKC drug lawyer. Our experienced OKC drug defense attorneys will use their knowledge of Oklahoma drug laws as well as their dedication to your defense to seek the best possible outcome in your case. If you need legal assistance, don’t hesitate to contact a qualified OKC drug defense attorney who can guide you through the legal process and fight for your rights.

We want to stress the importance of taking immediate action and reaching out to an experienced OKC drug defense lawyer if you’re facing drug-related charges. You should work with experienced counsel as soon as possible in order to protect your rights and ensure the government is held to its burden in presenting sufficient evidence in your OKC drug case. Seeking a favorable outcome in your case is much more attainable when you work with an OKC drug defense attorney who handles similar matters day in and day out. Don’t hesitate to contact a seasoned attorney with experience in drug defense—their experience can be your most valuable asset in this challenging time. 

What Can Our Drug Defense Lawyers Do if You’re Arrested for Drug Trafficking or Other Drug Crimes in Oklahoma City?

Handcuffed hands holding a bag of drugs next to many types of drugs and money. If you’ve been accused of a drug crime, contact our drug defense lawyers now.

When facing criminal charges in Oklahoma; threatening your future, finances, and freedom, contact CANNON & ASSOCIATES in Oklahoma City for your defense. Our firm will do everything possible to defend your freedom and your future. You have the right to the presumption of innocence and representation by the best criminal defense attorney you can find. Our firm will help you throughout the process and help you reach the best possible outcome in your case, including Diversion Programs. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your criminal case.

Free Resources from OKC Criminal Defense Attorneys

Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. Please review our other FREE RESOURCES until we can answer your specific Oklahoma criminal defense questions:

Have you been charged with a serious crime? Have you been arrested? Got warrants?!  Worried about defending those charges or worried about how you can make them go away? Well it doesn’t have to be that way. Serious steps need to be taken to avoid charges from becoming convictions. If you answered yes to any of these questions, you need a defense lawyer right away. A lawyer can stop the police from contacting you directly. If you are located in Oklahoma City, Edmond, Norman, Yukon, Mustang, The Village, Moore, or Midwest City, contact us today by calling 405-591-3935. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in an Oklahoma criminal case! 

John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association. Additionally, he has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges, as evidenced by receiving the highest possible AVVO rating – 10 (superb).

Contact CANNON & ASSOCIATES today.

QUESTIONS TO ASK YOUR OKLAHOMA CITY DRUG DEFENSE ATTORNEY

What Is the Difference Between Drug Trafficking and Drug Distribution Charges?

What Is Considered Drug Trafficking in Oklahoma

Penalties & Sentencing for Drug Trafficking in Oklahoma

How Can a Drug Trafficking Defense Lawyer Help My Case?

Can My Prior Criminal History Affect My Drug Trafficking Case?

Can I Face Federal Drug Trafficking Charges in Addition to State Charges?

Can I Be Charged With Drug Trafficking if I Didn’t Know the Drugs Were in My Possession?

Do I Need a Drug Defense Lawyer for a Drug Possession Charge in Oklahoma City?

Can Drug Trafficking Charges Be Dismissed if the Evidence Was Obtained Illegally?

Cannon & Associates

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