Most people acknowledge that the possession of drugs is often considered a serious crime.
However, fewer people understand that items such as pipes could violate drug paraphernalia laws in Oklahoma. In fact, possession of drug paraphernalia can result in up to a year behind bars and up to $10,000 in fines. Okla. Stat. tit. 63 § 2-405
If you’ve been accused of this misdemeanor crime, do not take it lightly and contact an attorney who can assess your case.
Defining Drug Paraphernalia Laws in Oklahoma
When you have your day in court, the judge will consider a number of factors to determine if the object you were caught with is actually illegal under drug paraphernalia laws in Oklahoma. These factors include statements made regarding the object, the proximity to any drugs, the existence of residue on the object, instructions included with the object, or its sale display.
To make this determination, a judge may call an expert, other witness, or call for other evidence. The defendant will also have an opportunity to testify as to the nature of the object. Okla. Stat. tit. 63 § 2-101.1
Proving Possession of Drug Paraphernalia
In Oklahoma, a possession of drug paraphernalia charge isn’t limited to actual possession. The laws also encompass delivering or manufacturing objects for use with illegal drugs.
In order to succeed in convicting someone of this crime, a prosecutor will have to prove that the defendant either knowingly or willingly possessed, delivered or manufactured drug paraphernalia beyond a reasonable doubt. A prosecutor will also have to prove that the defendant intended that the object be used with an illegal drug. OUJI-CR 6-7
Free Consultation: Tulsa Criminal Defense Attorney
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa criminal defense attorney to discuss your available legal options.
Contact the Tulsa Criminal Defense Law Firm by calling 918-756-9600 or toll free at 1-888-447-7262.
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