Oklahoma Drug Crime Attorney
Many lawmakers believe that drugs are the root of crime and violence. As such, the United States Government and the State of Oklahoma have very stern drug laws and penalties. In 1970, the federal government passed the Comprehensive Drug Abuse Prevention and Control Act which places all substances that are regulated by federal law into one of five schedules based upon the substance’s medicinal value, harmfulness, and potential for abuse or addiction. Schedules I and II narcotics are the most harmful and addictive, thus subject to severe legal consequences.
The following is a list of the most common illegal narcotics:
- Unauthorized prescription drugs
The severity of the drug charge depends on many factors such as the type of narcotic seized, the quantity of the drug, and the defendant’s criminal record (previous drug convictions). Common drug crimes include, but are not limited to:
- Possession with Intent to Manufacture or Distribute or Dispense
- Possession of Drug Paraphernalia
- Maintaining a Place Where Controlled Substances are Kept
- Public Intoxication
Penalties for Drug Crimes
Penalties for drug offenses can be devastating. Punishment includes imprisonment, probation, or fines. If convicted of two or more drug offenses, the defendant becomes ineligible for probation and may be prosecuted as a habitual offender. Furthermore, the Drug Dealer Liability Act subjects those who knowingly participate in the illegal drug market within the State of Oklahoma to civil liability.
Oklahoma Drug Court
Recognizing that harsh drug laws punish drug offenders rather than assist those who have drug addiction problems, the Oklahoma Drug Court Act was enacted in 1997 and gave broad powers to Oklahoma’s drug courts to assist nonviolent felony drug abusers. According to this legislation, if the offender is charged with a nonviolent felony drug offense, the defendant may be eligible for Drug Court if:
- The offender has committed a felony
- The alleged crime is nonviolent
- No prior felony convictions for a violent offense
- Arrest or charge does not involve Drug Trafficking
- The offender admits or appears to have a substance abuse addiction
Upon successful completion of the Drug Court Program, the offender’s case is dismissed if the offense constitutes the defendant’s first felony offense. If the offender has prior felony convictions, the defendant’s case is disposed as specified in the written plea agreement.
If you have been arrested for a drug offense, you need immediate representation. Often law enforcement arrest an individual for a drug offense based upon an illegal search of the accused’s person or residence in violation of the individual’s 4th and 14th Amendment rights. These violations constitute “fruit of the poisonous tree” and are generally inadmissible in court. Do not allow law enforcement to violate your constitutional rights. Contact Mr. Crawford immediately for your consultation.