A conviction for drug possession in Oklahoma can result in jail time, significant fines, and other penalties. If you face these charges, an experienced criminal defense lawyer can help you navigate the legal system. Follow these five steps to start the process of defending against drug possession charges in Oklahoma.
1. Know Your Rights
You should be familiar with your legal rights so you can protect yourself during and after this type of arrest. You have the right to remain silent, and you do not have to consent to a search of your person or belongings. While in police custody, you have the right to a single phone call and to retain and communicate with your attorney. Law enforcement cannot listen to conversations you have with your lawyer.
2. Contact a Criminal Defense Lawyer
An attorney who has experience with the Oklahoma legal system can help you navigate the charges against you. They will create a defense strategy and represent you in court. Find out more about working with a knowledgeable local criminal defense firm.
3. Understand the Charges
Oklahoma law recognizes both actual and constructive drug possession. Actual possession means you had direct physical control over the illegal substance. For example, it may have been in your pocket or bag at the time of the arrest. Constructive possession means you intend to use or control the drugs in question even though they weren’t on your person when arrested. You could receive these charges for substances found in your home or car.
4. Review Possible Defenses
You may be able to present evidence to defend yourself against drug possession charges. For example, you could show that the substances belonged to another person. Your attorney could also argue that the substance was misidentified if law enforcement has no evidence of crime lab testing results. Chain of custody issues often arise in drug-related cases. The defense can allege mishandling of the substance in question, invalidating its use as evidence.
You also have possible legal recourse if an officer engaged in unlawful search and seizure. The judge may disqualify evidence against you found in an illegal or improper search. Some defendants experience entrapment. This occurs if law enforcement entices you to commit a criminal act when you wouldn’t have done so otherwise. In the case of cannabis possession, you may have proof that you are a valid medical marijuana patient in Oklahoma.
5. Consider Recovery for Substance Abuse
If you struggle with substance use disorder, your attorney can request a hearing with the Oklahoma Drug Court program. If you qualify, you will go through an intensive drug and alcohol recovery program that includes therapy, regular meetings with the court, drug testing, and other requirements.
Graduating from Drug Court can help you achieve a sober lifestyle and avoid jail time for drug-related charges. The program may also provide resources for jobs and housing.
You don’t have to face drug possession charges alone. Connect with a trustworthy criminal defense attorney for the advice and support you need during this challenging time.
