Tulsa, Oklahoma has some pretty serious drug laws. In fact, a defendant does not even have to be caught selling or using drugs in order to find himself facing years in jail.
Possession of a controlled dangerous substance Oklahoma alone is enough to warrant hefty penalties. An experienced drug defense attorney can help ensure you receive a fair trial. Penalties for drug possession range from long-term probation to several years behind bars.
Proving Possession Of a Controlled Dangerous Substance Oklahoma
Most people think of drug possession charges as occurring after an officer frisks someone and discovers drugs in their pocket. In these instances, its very easy for a prosecutor to prove that someone committed the crime of “possession.”
However, possession can get tricky when an officer discovered the drug around or near a person. In fact, Oklahoma recognizes two types of drug possession, called “actual” and “constructive.”
Actual possession of a controlled dangerous substance Oklahoma occurs when a person who knowingly has direct physical control over a thing. This mostly occurs when someone has the drug on them.
On the other hand, a person who knowingly has the power and the intention at a given time to exercise dominion or control over a thing will have constructive possession of a controlled dangerous substance Oklahoma. This means that someone can be convicted of a drug possession charge if it is in their car or in their kitchen drawer.
However, it must be proven that they had control over the area where the drugs were found.
Defenses to Possession
Just being in the vicinity of drugs will not be enough to show that a defendant was in “possession” of them. A prosecutor must show that a defendant had both knowledge and control of the drugs beyond a reasonable doubt. OUJI-CR 6-11
Free Consultation: Tulsa Drug Defense Lawyer
A charge of drug possession can be very serious, especially depending on the type of drug and if you are caught more than once. If you or anyone you know is faced with a possession of a controlled dangerous substance Oklahoma charge, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Simply call our team at the Tulsa Criminal Defense Law Firm at 918-256-3400 for a no-hassle, confidential consultation.