Top Drug Trafficking Defense Attorneys 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.
Luckily, the experienced drug trafficking lawyers here at Cannon & Associates, have years of combined experience, stretching across a wide range of practice areas. They have a huge well of knowledge to draw from, built from fighting and winning favorable outcomes in cases for our clients. Call us today at 405-591-3935.
Don’t Fight Your Drug Trafficking Charges Alone. Contact an Experienced Oklahoma City Criminal Defense Attorney.
It doesn’t matter whether you have been charged with felony trafficking of illegal drugs or prescription drugs or whether you have been charged with possession of cannabis, Oklahoma is known for being tough when it comes to drug-related crimes. In order to fight a drug trafficking charge, you are going to need the help of a law firm and its team of Oklahoma City criminal defense attorneys. The complex laws surrounding drug trafficking cases require experience and skill to navigate and while no attorney will ever guarantee you a victory, without one, you are doomed to fail.
The minimum penalties for distributing illegal drugs is a crime that can net you some hefty prison time. The punishments for trafficking are even worse. You could be looking at double the penalties that you would get for simple distribution charges.
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 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.
Norman Drug Trafficking Defense Lawyer
Moore Drug Trafficking Defense Lawyer
A Strong Defense Against Your Federal Drug Trafficking Case
Federal drug trafficking charges can result in some of the most serious penalties and a ruined reputation. The size and severity of these kinds of cases mean that they have not been organized and put together in a day. Federal prosecutors will take their time and wait until they have a strong solid case to bring against the defendant. This could take the prosecutors weeks or even months to build and this means the cases are usually a lot harder to fight. This is one of the reasons why you should consider hiring an excellent law firm with experienced criminal defense attorneys that have a proven track record.
Just because the case has been put together by federal prosecutors does not mean all is lost. It is pretty common for authorities to make big mistakes early on in their investigations. For example, if the evidence against you was found during a search that was not properly authorized. If we found this kind of mistake we would aggressively pursue it, filing a motion to suppress all evidence from that illegal search. Your criminal defense lawyers are going to be your number one advocate and will be instrumental if you want to defend against any form of drug charges, both federal and state.
What is Drug Trafficking?
ELEMENTS OF A DRUG TRAFFICKING CONVICTION IN OKLAHOMA
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.
To secure a conviction for drug trafficking in Oklahoma, the prosecution must prove each element of the charge beyond a reasonable doubt. As experienced advocates, our team will ensure the government is held to this burden. To be convicted, the state must establish one of the following scenarios:
1. Knowing Distribution, Manufacture, Importation, or Possession
The government must prove:
- Knowingly;
- Distributed, manufactured, imported into Oklahoma, or possessed;
- Specific quantities of controlled dangerous substances, including:
- 25 pounds or more of a mixture or substance containing a detectable amount of marijuana;
- 28 grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves;
- 10 grams or more of a mixture or substance containing a detectable amount of heroin;
- 20 grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine;
- 1 ounce or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
- 5 grams or more of a mixture or substance containing cocaine base; or
- 30 tablets or 10 grams of a mixture or substance containing a detectable amount of 3,4-Methylenedioxy methamphetamine (MDMA).
2. Possession with Intent to Manufacture
The prosecution must demonstrate:
- Possessed;
- With intent to manufacture;
- Specific quantities of controlled substances, including:
- 25 pounds or more of a mixture or substance containing a detectable amount of marijuana;
- 28 grams or more of a mixture or substance containing a detectable amount of cocaine or coca leaves;
- 10 grams or more of a mixture or substance containing a detectable amount of heroin;
- 20 grams or more of a mixture or substance containing a detectable amount of amphetamine or methamphetamine;
- 1 ounce or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
- 5 grams or more of a mixture or substance containing cocaine base; or
- 30 tablets or 10 grams of a mixture or substance containing MDMA.
3. Use of Minors in Drug Distribution or Manufacture
The state must establish:
- Used or solicited the use of;
- A person under the age of 18;
- To distribute or manufacture specific quantities, including:
- 25 pounds or more of marijuana;
- 28 grams or more of cocaine or coca leaves;
- 10 grams or more of heroin;
- 20 grams or more of amphetamine or methamphetamine;
- 1 ounce or more of phencyclidine (PCP);
- 5 grams or more of cocaine base; or
- 30 tablets or 10 grams of MDMA.
Oklahoma’s drug trafficking laws are strict and carry severe penalties, including mandatory minimum sentences and significant fines. A strong defense begins with ensuring the state meets every legal requirement for a conviction.
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.
What is an Illegal Drug or Controlled Substance?
Under the Controlled Substances Act, certain drugs and chemicals are categorized into “schedules”. These substances are illegal to own, use, manufacture, or distribute. They are placed into these different schedules according to their potential for dependence and abuse.
In schedule 1 you will find hard drugs like heroin and crack as they have a very high chance of abuse and addiction. Drugs like codeine, are in section V as they have a lower chance of addiction in the eyes of the law.
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.
How to Beat a Drug Trafficking Charge in Oklahoma
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.
Remain Calm
Being arrested under any circumstances can be intimidating and it’s common for individuals to react to these stressful situations with opposition. However, resisting arrest or engaging in aggressive behavior towards an arresting officer can worsen a situation and potentially add additional charges to your plate.
When confronted with an arrest, it is best to remain calm and avoid physical confrontation, regardless if the officers are uncooperative or hostile towards you. This does not mean you should ignore unlawful conduct. If the arresting officers breach your rights, we advise you to start recording if possible, or ask someone nearby to record if you are unable to. Law enforcement officers may be unhappy in the face of a camera, but it’s your legal right to record as long as the recording does not interfere with the officer’s duties.
Know Your Rights
When charged with a crime, many laws and regulations protect a defendant’s rights throughout the process. Protections begin with your basic civil rights along with police officers following the correct protocols. These protections continue while you are being arrested, questioned, and detained. Being aware of your civil rights can help defend your case from the beginning, and help you avoid common pitfalls that can arise when dealing with law enforcement.
In the case that law enforcement seems overly friendly, their kindness may be a tactic to get information that could be used against you. It’s best to keep your guard up and invoke your right to remain silent.
When you are detained or questioned by the police, you have the legal right to an attorney. We strongly advise anyone facing a charge as serious as drug trafficking to consult with a lawyer right away. Following an initial arrest or questioning, make sure your attorney is readily available in case you are called back in for further questioning. A trained criminal defense attorney knows the power of language and can advise you on what to say and what not to say to avoid incriminating yourself.
The Fourth Amendment prohibits law enforcement from carrying out unreasonable searches or seizures. If officers search your property without a legitimate warrant, this can be crucial in your defense. Your attorney can challenge the legality of any warrants used, or the lack of a warrant. If a search and seizure is done illegally, any evidence collected can be deemed inadmissible, potentially leading to the charges against you being dropped.
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.
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.
Reduction of Sentence or Charges Through Cooperation
If credible evidence against you is piling up, you may consider what ways you can cooperate with the legal system to reduce your sentence or penalty.
Under the federal sentencing regulations, to receive a reduction, an individual must give “substantial assistance” to an investigation or prosecution of another individual. This substantial assistance can be directly related to your case, or unrelated, but still relevant to an ongoing investigation or crime.
The process of a reduction via cooperation first requires the defendant to give substantial assistance to law enforcement or prosecution. Sharing just any information may not be enough. The information has to be valuable to the police and typically requires incriminating others. This can involve acting as a confidential informant or relaying ongoing criminal activity to the police.
If your cooperation is deemed sufficient by law enforcement, the prosecuting attorney will then file a motion to reduce your sentence based on your cooperation. This doesn’t guarantee a reduction, but can increase your likelihoods of a lesser penalty.
Examples of cooperation can involve:
- Information – Giving information that is not already known to law enforcement such as names of involved suspects in a crime, whereabouts of a wanted suspect, whereabouts of weapons, illegal drugs, or other evidence connected to a crime.
- Testifying – Simply agreeing to testify against someone may be enough to support a prosecution’s cases, but directly testifying in a trial against another defendant can be strong substantial assistance.
- A sting operation – Aiding law enforcement in an operation that leads to the capture of a suspect, illegal weapons, or illegal substances.
The best approach to reducing your sentence via cooperation is acting early. If other defendants are involved and reveal valuable information before you do, you may not have much to offer the prosecution to change your sentencing.
As with all cases, it truly depends on the circumstances you are facing. Legally, you are granted attorney-client confidentiality and by discussing what you know with your criminal defense lawyer, they can establish if you have the grounds to cooperate with prosecution to reduce your sentence.
Making Sure You Hire the Right Drug Trafficking Defense Attorney to Represent Your Case
Federal drug trafficking cases can be very different from state cases and the penalties you could face may depend heavily on the specifics of your drug trafficking offense. This is why it is so important to have a strong attorney, well versed in legal defense strategies, and experienced in dealing with aggravated trafficking in illegal drugs cases.
This is one of the most serious crimes you can be charged with. Having an experienced attorney who has defended clients in similar cases before may prove the only difference between a favorable result and one that ruins your life.
Can a Drug Trafficking Defense Lawyer Negotiate a Reduction in Charges or Sentence?
Negotiation can be an invaluable tool when confronting drug trafficking charges. Working with Oklahoma law, there are a handful of approaches to negotiating a reduction in your charge or sentence. A criminal defense attorney can guide you through the process.
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.
Can I be Charged with Drug Trafficking if I Didn’t Know the Drugs Were in My Possession?
Theoretically, if you are caught with an illegal drug in your possession without having knowledge of it, you should not receive a guilty conviction. There are many situations that could cause you to be possessing drugs without knowledge or involvement, such as:
- Situations where drugs have been planted on your person, vehicle, or house by someone else
- Situations where someone has stashed their drugs in your property or vehicle without your knowledge
However, you and your drug defense attorney will need to demonstrate this lack of knowledge. Criminal proceedings work in a way that means the prosecutor must prove beyond a reasonable doubt that the accused is guilty. If you and your criminal defense attorney are able to introduce doubt that the drugs belonged to you, then you may have your charge dismissed or diminished in severity.
Can You Be Charged With Drug Trafficking For Drugs That Were Mailed Or Shipped To You?
It is possible for you to receive a drug charge of illegal possession or trafficking if you receive drugs in the mail. However, this is not a foregone conclusion. In some circumstances, you may be able to cast doubt on the prosecutor and demonstrate that you did not have control, knowledge, or play part in the process of ordering the drugs.
Once again, you will need to present a strong case to the jury at the trial to stand a chance of the best possible outcome here. As such, you will need a skilled and experienced drug defense lawyer to fight your criminal charges.
Drug Trafficking Penalties in Oklahoma
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:
Contact a Cannon & Associates Federal Criminal Defense Attorney for Help
Here at Cannon and Associates, we are experienced criminal defense lawyers that have won favorable results for other clients facing a drug trafficking charge. Call us today to speak to a criminal defense lawyer. We can offer a case evaluation and immediate legal advice if you have just been arrested. You should never speak to the police before you have spoken to your legal representation so give us a call, no matter what situation you find yourself in.
Contact us or give us a call at 405-591-3935, it could be the most important call you ever make.
What Is the Difference Between Drug Trafficking and Drug Distribution Charges?
Penalties & Sentencing for Drug Trafficking in Oklahoma
Can My Prior Criminal History Affect My Drug Trafficking Case?
Can I Face Federal Drug Trafficking Charges in Addition to State Charges?
Can Drug Trafficking Charges Be Dismissed if the Evidence Was Obtained Illegally?
