The state of Oklahoma has some of the strictest drug laws in the country. For example, first-time offenders face up to one year in jail for possessing any amount of marijuana, and second-time offenders face up to a decade in prison, with a two-year minimum sentence.
In July, the penalties for a second offense will be reduced, but the consequences will still be relatively harsh compared to other states. If police in Oklahoma have accused you of possessing a controlled substance, a criminal defense attorney can evaluate your case and explain your options for fighting the charges.
Contact the Henson Law Firm, PLLC to discuss your situation with a drug crime lawyer in Tulsa. Our legal team can help you devise a comprehensive defense based on the unique facts of your case. Call 918-551-8995 to schedule a free case evaluation.
The best defense for your situation will ultimately depend on the circumstances surrounding your arrest. Read on to learn about some of the most common drug crime defenses:
- Unlawful Search and Seizure
If police did not have a valid warrant to search your property and you did not consent to the search, you may have been the victim of an unlawful search and seizure. If that is the case, any evidence found during the search will be inadmissible.
- No Ownership over the Substance
If you were borrowing a friend’s vehicle and police found drugs inside the car, your attorney may be able to argue that they were not yours; however, this defense does not work in all cases. Your attorney can assess your situation to determine if this would be a viable defense.
- Not Actually a Controlled Substance
Some substances that look like illicit drugs are perfectly legal. If you think this defense applies to you, your lawyer can request a chemical lab test of the evidence to prove that the substance in question is not actually an illegal drug.
Can Police Charge Me with Drug Possession If I Was Having an Overdose?
Yes. Some states have a drug overdose immunity law, which protects individuals who seek medical attention for an overdose. Although Oklahoma is currently one of 13 states that does not have such a law on the books, NEWSOK reports that legislators are hoping to change that in the near future. Pursuant to Senate Bill 226, police have discretion as to whether they should make an arrest when responding to an emergency call involving an overdose.
Although these defense strategies are often effective against drug charges, each criminal case is unique. If you are facing drug charges, turn to the Henson Law Firm, PLLC to discuss your case with an experienced criminal lawyer.
Call 918-551-8995 to schedule a free consultation with a criminal defense attorney in Tulsa. To learn more about defense strategies against drug charges, visit the USAttorneys website.