Most people are aware that the use of illegal drugs is a crime.
However, fewer people understand that items such as pipes could lead to drug paraphernalia charges in Oklahoma.
In fact, possession of drug paraphernalia in Wagoner can result in up to 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 Charges 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 eligible for drug paraphernalia charges 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
Possession of drug paraphernalia charges in Oklahoma aren’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 Wagoner 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
Initial Strategy Session: Wagoner Criminal Defense Attorney
This can be a frightening time. The criminal defense lawyers at Wirth Law Office – Wagoner are here to provide you a low-cost consultation to discuss what our team can do to handle your criminal matter.
Contact us at 918-485-0335 to schedule your confidential and low-cost consultation. You may also contact us by email using the form at the top of this page.
Either way you reach out to our team, we’ll get back to you promptly to answer your legal questions.
