Oklahoma remains one of the strictest states in the nation when it comes to prosecuting drug offenses, despite some much-welcome recent strides in criminal justice reform through legislation and ballot initiatives. If you’re facing drug charges in Oklahoma, understanding the severity and implications of these charges is crucial for your defense.
Here’s what you need to know.
The Long-Term Impact of Drug Offenses
Drug charges can lead to serious consequences beyond immediate penalties like imprisonment and fines. A drug offense conviction can tarnish your public record, significantly affecting your career prospects. It can show up on background checks, complicating your chances of securing employment, obtaining loans, or acquiring certain professional licenses you need to perform the job legally. Plus, the stigma of a drug conviction can also extend into many areas of personal and professional life.
Common Drug Offenses in Oklahoma
Oklahoma law categorizes several activities as drug offenses, each carrying some potentially severe penalties. Common charges include:
- Possession of a Controlled Dangerous Substance (CDS): Holding any amount of a controlled substance without a prescription.
- Possession with Intent to Distribute: Holding drugs that exceed personal use amounts, implying potential distribution.
- Trafficking Controlled Dangerous Substances: Involving larger quantities of drugs, this charge includes severe penalties.
- Possession of Drug Paraphernalia: Owning any item that can be used for drug consumption or distribution.
- Maintaining a Dwelling for Drug Manufacturing: Using a property for drug production activities.
Legal Reforms and Their Impact
Within the last few years, there have been commendable reforms such as State Question 780 and State Question 788, along with legislation like SB 649 and SB 793. Many of these aimed to reduce or eliminate some drug charges. However, individuals facing drug felonies in Oklahoma still confront a challenging legal environment with often stringent penalties and aggressive prosecution—and that’s likely not changing anytime soon.
Drug Proceeds and Civil Asset Forfeiture
A lesser-known but critical aspect of drug law enforcement in Oklahoma involves drug proceeds. Under Title 63 of the Oklahoma Statutes, it is illegal to handle proceeds known to derive from drug violations. This statute is often the basis for civil asset forfeiture, where law enforcement can seize property believed to be purchased with drug money. This largely outdated practice can lead to significant losses of personal assets, making legal challenges extremely complex. (You can read more about civil asset forfeiture here.)
Your Legal Options When Charged with a Drug Offense
When confronted with drug charges in Oklahoma, you have a few different legal avenues:
- Dismissal: Arguing for the dismissal of charges based on insufficient evidence or procedural errors.
- Plea Bargain: Negotiating for reduced charges or penalties in exchange for a guilty plea.
- Trial: Fighting the charges in court through a public trial.
- Drug Court Participation: In some cases, entering drug court and undergoing treatment may substitute for traditional sentencing.
A Proven Legal Team Makes All the Difference
At Overman Legal Group, our experienced attorneys specialize in drug-related offenses, from simple possession cases to complex trafficking charges. We understand the nuances of Oklahoma drug laws and are prepared to use every resource to challenge the charges against you. Our approach is aggressive and thorough, focusing on minimizing the long-term impacts of a drug charge on your life.
Our award-winning legal team is committed to securing the best possible outcome for each client, ensuring your rights are protected every step of the way. If you or someone you know is facing drug charges in Oklahoma, don’t hesitate to contact us. Let us help you navigate this challenging time with confidence and clarity.
