Drug Possession Charges in Oklahoma: 6 Defense Strategies

If you’re facing drug possession charges in Oklahoma, it’s important to know there are several defense strategies available. The laws are tough, but with the right approach, it’s often possible to challenge such charges effectively. Your criminal defense lawyer in Oklahoma will help you understand the best strategies to take.

6 Defense Strategies Your Criminal Defense Lawyer in Oklahoma Will Take

Questioning the Legality of the Search and Seizure

One defense strategy involves attacking the legality of the search and seizure that led to the discovery of the drugs. The Fourth Amendment protects citizens from unreasonable searches and seizures, and if law enforcement violated this right, it could render the drug evidence inadmissible in court. Challenging the search warrant’s validity or the manner in which the search was conducted can also be a key aspect of your defense.

Establishing Lack of Possession

Another common defense is disputing actual possession. Possession requires that the individual had control over the substance, so in situations where drugs are found in a shared vehicle or living space, for example, establishing who had actual possession can be hard and may give you an avenue of defense. Demonstrating that you had no knowledge or control over the drugs can be effective.

Examining the Substance’s Nature

Defense strategies may involve requiring the prosecution to prove, through lab testing, that the substance is indeed an illegal drug. If the substance is not what it was initially claimed to be, or if there are irregularities in the testing process, these factors can significantly influence the case’s outcome. Click here to talk with an experienced lawyer who can help,

Proving Medical Necessity or Prescription

In cases involving certain controlled substances, a valid prescription or a medical necessity can be a strong defense. If the individual possesses a valid prescription for the drug, this can be a complete defense to possession charges. Similarly, demonstrating a medical necessity for possessing the drug under certain circumstances may also serve as a viable defense.

Entrapment as a Defense

Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. If the defense can prove that entrapment occurred, this can lead to a dismissal of charges. However, proving entrapment can be quite challenging, as it must be shown that the idea for the crime originated with law enforcement.

Going for Youthful Offender and First-Time Offender Programs

For young or first-time offenders, there may be options such as diversion programs or conditional discharge. These programs often involve rehabilitation rather than punitive measures because their focus is on treatment and education to prevent future offenses. Successfully completing these programs can sometimes result in the charges being dropped or reduced.

To fight drug possession charges in Oklahoma successfully, you need a lawyer who both knows the law and the specific circumstances of your case. Don’t wait for the situation to get any worse before you call an attorney. As soon as you know you’re being investigated or charged, or if you have been arrested, talk with experienced local criminal defense lawyers as soon as possible.