Drug laws in Oklahoma can be very serious, even if you were not caught selling or using drugs.
Possession of a controlled dangerous substance in Oklahoma alone is enough to warrant hefty penalties.
An experienced Wagoner 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 in Oklahoma
Most people think of drug possession charges as occuring after an officer frisks someone and discovers drugs in their pocket. In these instances, it’s very easy for a prosecutor to prove that someone committed the crime of “possession.”
However, possession of a controlled dangerous substance in Oklahoma charges 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 in 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 in Oklahoma. Okla. Stat. tit. 21 § 11.2
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.
An Oklahoma prosecutor must show that a defendant had both knowledge and control of the drugs beyond a reasonable doubt. OUJI-CR 6-11
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.
