Although drug abuse is a serious offense, just being in possession of a controlled dangerous substance in Oklahoma can lead to harsh penalties.
If you or someone you know has been charged with possession of a controlled dangerous substance in Oklahoma, contact an experienced Okmulgee drug crimes defense attorney today.
What is Possession of a Controlled Dangerous Substance in Oklahoma?
Under Oklahoma law, there are two types of drug possession—actual and constructive.
Actual possession occurs when a defendant has been caught with drugs on his person, such as in his coat or pocket.
Constructive possession, on the other hand, is less clear.
A prosecutor will likely argue that someone had possession of a controlled dangerous substance in Oklahoma if they knowingly have the power and the intention at a given time to exercise dominion or control over it. Okla. Stat. tit. 21 § 11.2
However, it must also be proven that they had control over the area where the drugs were found.
For example, if officers found cocaine in the defendant’s bedroom in his apartment.
Although the defendant can argue that he was not in possession of the cocaine when the officers found it, the prosecutor will argue that the defendant had control over the drug and the area where the drug was found.
Defenses to Possession of a Controlled Dangerous Substance in Oklahoma
A prosecutor cannot obtain a criminal conviction by just proving that the defendant was in the same vicinity or area of the drugs.
To obtain a guilty verdict, the prosecutor must prove beyond a reasonable doubt that the accused had knowledge that the drug was there and also had control of it. OUJI-CR 6-11
Low-cost Consultation: Okmulgee Drug Crimes Defense Attorney
When you or a loved one needs to speak with an Okmulgee drug crimes defense attorney, just call 918-756-9600 for a confidential consultation at the Wirth Law Office – Okmulgee.
Or, you can enter your legal question or concern in the form at the top right of this page, and one of our drug crimes attorneys will promptly return your message.
