DRUG CHARGES

drugs

The Oklahoma Controlled Dangerous Act makes it illegal to possess, distribute or traffic illegal drugs and even prescription drugs in certain circumstances.

If you are charged with a drug offense then you need a skilled criminal attorney to argue in your defense.  Did the police have a right to search your car or your home? Did the police have the right to pat you down? If the drugs were found in the car but they weren’t mine, can I still be charged? Can the prosecution prove that the substance is what they say it is?  I will evaluate your case and answer these questions.

Possession of CDS

Possession of a Controlled Dangerous Substance can be a felony or a misdemeanor depending the type of drug and whether a person has prior drug convictions.

A first conviction for possession of a Schedule I or Schedule II drug is a felony. The punishment is 2 years up to 10 years in prison and/or a fine up to $5,000.

The punishment for a second or subsequent conviction for a Schedule I or Schedule II drug is 4 years up to 20 years in prison and/or a fine up to $10,000.

A first conviction for possession of a Schedule III or Schedule IV or Schedule V drug is a misdemeanor. The punishment is up to 1 year in the county jail and/or a fine up to $1,000.

The punishment for a second or subsequent conviction for a Schedule III or Schedule IV or Schedule V drug can be a felony and carries from 1 year up to 10 years in prison and/or a fine up to $5,000. The punishment range varies depending on how much time has passed since the first conviction.

If you have prior drug or felony convictions then your range of punishment can increase significantly from what is listed above. Call today to schedule a free consultation and I can better explain the range of punishment you may be facing and any defenses you may have.

Possession of Prescription Drugs

Some prescription medications are controlled dangerous substances and they are illegal to possess unless you have a valid prescription.  If you have a valid prescription for medication you should always carry your medicine in the prescription bottle provided by the pharmacy.  This way, the police will know that you have a valid prescription.

Most prescription medications are Schedule III or Schedule IV or Schedule V drugs.  See above for the potential punishment you could be facing.

If you sell or give away or trade your prescription medication you can be charged with Distribution of CDS.  The fact that you have a valid prescription for that medicine is not a defense.

Possession of CDS with Intent to Distribute

Possession of CDS with Intent to Distribute occurs when someone has possession of a controlled dangerous substance and the prosecutor believes that the person was going to distribute the drugs. The prosecutor must have evidence to prove what the person intended to do with the drugs. If the prosecutor cannot prove the intent to distribute then the charge must be reduced or dismissed.

Possession of CDS with Intent to Distribute is a felony. The punishment for Possession of CDS with Intent to Distribute is from 2 years up to Life in prison and/or a fine up to $20,000.

If you have prior drug or felony convictions then your range of punishment can increase significantly from what is listed above. Call today to schedule a free consultation and I can better explain the range of punishment your may be facing and any defenses you may have.

Distribution of CDS

Distribution of CDS occurs when someone actually distributes a controlled dangerous substance to another person. The prosecutor must have evidence to prove that an actual exchange took place. If the prosecutor cannot prove that an actual exchange took place then the charge must be reduced or dismissed.

Distribution of CDS is a felony. The punishment for Distribution of CDS is from 2 years up to Life in prison and/or a fine up to $20,000.

If you charged with Possession of CDS with Intent to Distribute or Distribution of CDS, call today to schedule a free consultation. I will help you challenge the prosecutor’s evidence and find weaknesses in their case.

If you have prior drug or felony convictions then your range of punishment can increase significantly from what is listed above. Call today to schedule a free consultation and I can better explain the range of punishment you may be facing and any defenses you may have.

Trafficking CDS

Trafficking occurs when someone possesses certain amounts of certain controlled dangerous substances. Each controlled dangerous substance varies in the amount of drugs it takes to enhance the charge to Trafficking.

Trafficking is a felony in Oklahoma. The punishment for Trafficking varies depending on the type of controlled dangerous substance and the punishment can be up to Life Without Parole in prison and fines up to $500,000.

If you have prior drug or felony convictions then your range of punishment can increase significantly from what is listed above. Call today to schedule a free consultation and I can better explain the range of punishment you may be facing and any defenses you may have.

Possible Defenses to Drug Charges

There are many different defenses when you are charged with a drug charge. Were the drugs found on you or were they just near you? Did the police have a right to frisk you? Did the police have the right to search your car or home? Was the drug dog used to sniff your car or home properly certified and trained? Can the State prove that what they found was actually an illegal drug? These are just a few of the questions that I can help you answer. Since Drug Charges can cover many different fact scenarios the defenses that are available vary greatly depending on the specific facts and circumstances.

If you have been charged with a drug charge call now to schedule a free consultation. I will work hard to find all or your possible defenses to try and get your charges reduced or even dismissed. If a trial is your best option I will passionately argue your case to the jury. If pleading guilty is your best option I will negotiate the best plea deal with the prosecutor.