Drug cases require a knowledge of the drug world, the terminology or language of the drug culture, and knowledge of the state and federal drug laws and how they apply to the crime charged. Cases handled involve all types of Controlled Dangerous Substances (CDS), drugs and precursor chemicals, such as meth, methamphetamine (speed), cocaine, crack cocaine, heroin, opium, marijuana, pot, hash, MDMA, ecstacy, X, GHB, steroids, and prescription drugs (Oxycontin, oxy, hydrocodone, Lortab), among others. Drug cases can be charged as federal or state crimes under Title 21 of the United States Code or Title 63 of the Oklahoma Statutes, which codifies Oklahoma’s version of the Uniform Controlled Dangerous Substances Act.
COLLATERAL CONSEQUENCES — Note that a conviction of any drug crime will likely cause the revocation of the accused’s driver’s license under Oklahoma law and can result in the loss of federal government benefits such as student loans and grants, SBA loans, and other government benefits that the accused may now have.
ENHANCED PUNISHMENT — Also beware that if charged with drug trafficking and the defendant has two or more prior felony drug convictions (regardless of the date or where the crimes occurred), a third conviction under a charge for “trafficking” can result in imprisonment for 20 years to life without the possibility of parole (LWOP).
Examples of the types of action defended routinely in state and federal courts include:
It is a crime merely to possess any controlled substance without a valid prescription. Possession of drugs is not the same as ownership. A person may possess a drug at law even though it does not belong to that person or that person has not used it. There are no quantity limits in Oklahoma; thus, if you possess any amount (for example one marijuana seed) or even residue of a CDS, you may be charged with possession and punished if convicted.Quantity is not the only factor in determining whether the crime is simple possession or possession with intent to distribute. A person might be charged with possession with intent to distribute if there is evidence that the amount is for more than personal use, there are multiple packages, scales, vacuum sealing equipment and/or baggies present, or there are multiple phone calls or text messages concerning drugs to known drug users or distributors. Note that “sharing” your CDS or “giving” samples is “distribution.” No exchange of money is required.
We have successfully defended clients charged with possession of CDS or marijuana.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma CDS & Drug Distribution Lawyers and Attorneys if you are under investigation or have been arrested or charged with any drug crime.
In Oklahoma it is a crime to distribute CDS or to possess drugs with the intent to distribute. It is also a crime to possess or distribute synthetic drugs, including marijuana. Quantity is not the only factor considered in determining whether the crime is simple possession or possession with intent to distribute. A person might be charged with possession with intent to distribute if there is evidence that the amount is for more than personal use, there are multiple packages, scales, vacuum sealing equipment and/or baggies present, or there are multiple phone calls or text messages concerning drugs to known drug users or distributors. Note that “sharing” your CDS or “giving” drug samples is “distribution.” No exchange of money is required for distribution.
Each of these crimes is covered by the same statute, but the range of punishment may be more severe if distribution occurs or if the crime is committed within 2,000 feet of a school, park or daycare. Likewise, the range of punishment is enhanced if the crime is committed in the presence of minor children or is facilitated by the use of a firearm. If a client has prior drug convictions, the new charge can significantly increase the range of punishment (in both fines and imprisonment). The law provides:
A. Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person:
1. To distribute, dispense, transport with intent to distribute or dispense, possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit the use of or use the services of a person less than eighteen (18) years of age to cultivate, distribute or dispense a controlled dangerous substance;
2. To create, distribute, transport with intent to distribute or dispense, or possess with intent to distribute, a counterfeit controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined by Section 2-101 of this title, except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services.
We have successfully represented clients charged with distribution or possession with intent to distribute in Oklahoma.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma CDS & Drug Distribution Lawyers and Attorneys if you are under investigation or have been arrested or charged with any drug crime.
Trafficking involves the distribution of controlled substances in larger quantities. In Oklahoma, trafficking can occur even with small, but distributable quantities:
Trafficking is punishable in Oklahoma generally by 4 years to life imprisonment (or two times the range of punishment for possession with intent to distribute). If the client has a prior felony drug conviction, the punishment range is three times the range (generally 6 years to life). There are substantial monetary fines in addition to the mandatory imprisonment.
Aggravated trafficking is punishable by 15 years to life in prison and the client must serve 85% of the sentence before being eligible for parole. If a client has two or more felony convictions (at any time) for violations of the Uniform Controlled Dangerous Substances Act (effectively any felony drug crimes), then the range of punishment for trafficking is 20 years to LWOP (life without parole).
We have successfully defended clients charged with Drug Trafficking in Oklahoma.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Drug Trafficking Lawyers and Attorneys if you are under investigation or have been arrested or charged with any drug crime.
Most if not all of the crimes outlined on this page are also federal crimes, and there are many other acts that are classified as drug crimes under Title 21 of the United States Code. The drug amounts or quantities may be different under federal law, but the concepts are the same. However, if charged in federal court, there are many twists not applicable in state court. Thus you need knowledgeable federal criminal lawyers to assist you. For example, it is a crime to use a telephone or communication devise in the commission of a drug crime.
If a crime is punishable by 10 years or more, there is a rebuttable presumption that a client is a flight risk or a danger to the community. That means your lawyer better know how to address that issue; otherwise, you will sit in jail pending a trial or plea. We have successfully defended clients charged with Federal Crimes in Oklahoma.Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Federal Drug Crimes Lawyers and Attorneys if you are under investigation or have been arrested or charged with any drug crime.
If a gun is used in the commission of a drug transaction or if the client has two or more prior drug offenses or two or more convictions for crimes of violence, the third conviction involving a gun can lead to a designation as an “Armed Career Offender” — which means 15 years to life in prison. Similar provisions exist to make some a “Career Offender” even if not armed; thus, the range of punishment can be significantly enhanced. We have successfully defended clients charged with possession of weapsons during a drug crime or using a gun to facilitate a drug crime.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Drug & Weapons Crimes Lawyers and Attorneys if you are under investigation or have been arrested or charged with any drug crime involving a firearm or weapon.
Additionally, the U.S. Sentencing Guidelines apply in all federal criminal actions if convicted. That means that your lawyers better know how to calculate, apply and dispute any PSR Guideline recommendations.
All federal sentences require serving 85% of the time ordered by the Court. There is no federal parole, and drug cases involving straight probation are almost unheard of.
Except for those under age 21 who possessed only a very small quantity of marijuana, there is no expungement procedure for federal drug crimes.
These are just a few of the many unique characteristics of the federal system (for drug charges). You must have qualified, experienced federal criminal defense attorneys to defend a federal drug charge in Oklahoma.
We have successfully defended many clients charged with federal drug charges in Oklahoma in all three federal districts (Western District in Oklahoma City, Northern District in Tulsa, and Eastern District in Muskogee).
Call Wyatt Law Office at 405.234.5500 for your Oklahoma Federal Drug Lawyers and Attorneys if you are under investigation or have been arrested or charged.
The crime of conspiracy involves two primary elements: (1) an agreement to commit a crime; and (2) any “overt act” in furtherance of the conspiracy. A drug crime does not have to be a “completed” crime in order to have a conspiracy. Conspiracy and endeavoring are similar, but a conspiracy requires at least two persons, while endeavoring can be accomplished alone. Conspiracy is a separate crime from possession, distribution, manufacturing or trafficking. A client can be punished for both conspiracy and for the underlying offense (such as trafficking). The range of punishment depends on whether the crime is a state crime or a federal crime, but both carry stiff penalties including significant prison time.
We have successfully defended clients charged with drug conspiracies.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Drug Conspiracy Lawyers and Attorneys if you are under investigation or have been arrested or charged.
The crime of drug manufacturing can be charged for the cultivation, production or possession of items necessary for the creation or growth of illegal drugs. Endeavoring is the process of attempting to manufacture (much like a conspiracy, but it does not require more than one person). In some states a person can be charged with drug manufacturing for possessing the equipment needed to produce illegal drugs, such as methamphetamine. For example, someone in possession of marijuana seeds, grow lamps and hydroponic gardening equipment can be charged with drug manufacturing even if no actual marijuana plants are growing at the time. Likewise, someone in possession of the equipment and ingredients and/or glassware necessary to produce methamphetamine can be charged with manufacturing meth or endeavoring, even if none of the finished product is available. In most states, cultivation or manufacturing of drugs carries stiffer sentences than drug trafficking or drug possession.
We have successfully defended clients charged with drug manufacturing or endeavoring.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma CDS & Drug Manufacturing and Endeavoring Lawyers and Attorneys if you are under investigation or have been arrested or charged.
It is a crime to forge a prescription. This type of crime generally occurs when a client steals a prescription pad from a doctor in order to write prescriptions for himself or others. This is a form of identity theft, as it requires posing as a physician. It can also occur when a client possesses devices for creating electronic prescriptions. See also “Obtaining Prescriptions by Fraud.”
We have successfully defended clients charged with forging prescriptions.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Forged Prescription Lawyers and Attorneys if you are under investigation or have been arrested or charged.
Obtaining prescriptions by fraud may involve forgery of the prescription, altering the prescription by increasing the dosage or changing the drug prescribed, obtaining bogus refills without permission, or doctor shopping in order to obtain multiple legitimate prescriptions for improper use or distribution. See also “Forged Prescriptions.”
We have successfully defended clients charged with obtaining prescriptions by fraud.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Fraudulent Prescription Lawyers and Attorneys if you are under investigation or have been arrested or charged.
In drug cases, the police or the District Attorney will often attempt to seize and forfeit any money or “proceeds” or other assets that can be linked to the profits of any drug distribution. For example, if a client is travelling from California to Ohio in a drug distribution, the client is likely carrying drugs or illegal products, but if returning from Ohio to California, the client likely has possession of drug money (in large or small quantities). Any money found in close proximity to drugs will likely be seized–regardless of the amount. Other asset forfeiture cases may involve seizing the car or truck used as the conveyance for carrying the drugs or drug proceeds. Likewise, a grow house or barn used to manufacture meth may be seized if used in relation to the illegal drug activity.
While a spouse may have an “innocent spouse” argument to avoid seizure, after any notice of illegal drug activity (i.e., a former arrest and/or conviction) will likely defeat the innocent spouse argument. The same applies to parents who are on notice of their children’s use or distribution of drugs. In other words parents, you could lose your car or your house if your child is conducting drug deals from your property or car or even just transporting a small amount of CDS.
The Oklahoma Legislature and the U.S. Congress have authorized the seizure and forfeiture of assets which are obtained with criminally derived proceeds or when the asset is used to facilitate a crime. The best examples are the seizure of a car used to transport illegal drugs or the seizure of a farm used to grow marijuana. There are many grounds for seizure under both state and federal law. The standards are different for federal and state courts, so it is important to know what agency seized the property and to know the federal and state forfeiture laws. To forfeit the seized property under state or federal law, notice must be given to the owners and a due process hearing held before the ownership can pass to either the state or federal governments.
The Wyatt Law Office has represented dozens of persons challenging the forfeiture and claiming innocent ownership of the property. There are several defenses to forfeiture depending on the circumstances. We can help you examine the issues, develop defenses and determine whether to pursue the assets in a forfeiture action. We can also refer you to other firms if necessary.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Asset Forfeiture Lawyers and Attorneys if you are under investigation or have been arrested or charged.
It is a misdemeanor to possess drug paraphernalia, which could include things like rolling papers, pipes, roach clips, bongs, digital scales, hand-held scales, baggies, ledgers, cell phones, etc. Almost anything can become paraphernalia depending on how it is used.
We have successfully defended many charged with possession of drug paraphernalia.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma CDS & Drug Paraphernalia Lawyers and Attorneys if you are under investigation or have been arrested or charged.
It is a crime in Oklahoma to possess the proceeds of any drug transaction. Thus, merely possessiong the “dirty” money is a felony crime.
We have successfully defended many clients charged with possession of drug proceeds.
Call Wyatt Law Office at 405.234.5500 for your Oklahoma Drug Money & Proceeds Lawyers and Attorneys if you are under investigation or have been arrested or charged.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Drug Crimes Lawyers and Attorneys if you are under investigation or have been arrested or charged with any drug crime.
It may be possible to suppress evidence (meaning to exclude evidence) if the facts and circumstances allow. See our Search & Seizure page. By way of example, the U.S. Supreme Court recently ruled that “Police may not extend an otherwise-completed traffic stop, absent reasonable suspicion, in order to conduct dog sniff . . . .” Rodriguez v. United States, 135 S. Ct. 1609 (April 15, 2015). That ruling, however, is narrowly written, but the Supreme Court reiterated that a “traffic stop ‘prolonged beyond’ the ‘time reasonably required to complete [the stop’s] mission’ is unlawful.” See Rodriguez (citing Illinois v. Caballes, 543 U.S. at 407). Please understand that there are so many exceptions to the Fourth Amendment that the “fruits” of the search may be allowed — particularly in searches of vehicles (rather than search of your home). These exceptions often include plain view, plain smell, exigent circumstances, search incident to arrest, inventory or impound search, good faith of the officers, etc.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Criminal Drug Lawyers and Attorneys. Your future is our business.
Split Verdict in police corruption allegations. After a three-and-a-half week jury trial in Tulsa (August 2011), Officer Jeff Henderson was found not guilty of 44 counts of drug possession and distribution, witness tampering, perjury, conspiracy, and civil rights violations. There were 11 separate conspiracy counts–many alleging drug conspiracies. The client was acquitted (found “not guilty”) on each of the drug crimes – which could have resulted in life in prison. The court merged four of the perjury charges into other counts. One count of bribery was dismissed by the judge during trial, but the jury found Mr. Henderson guilty of two misdemeanor civil rights violations and guilty on 6 counts of perjury. Wyatt appealed the few charges of conviction. The client is already out of prison before the appeal has been decided. (See Tulsa World for articles). *
Federal drug case dismissed. After Wyatt’s defense investigation of federal drug charge involving allegations that the client possessed 11 pounds (5 kilos) of meth with intent to distribute, government dismissed rather than face trial. *
Drug Evidence suppressed in federal court. Wyatt and Scott Graham teamed up arguing and convincing the federal court to suppress evidence obtained after a “routine” traffic stop pursuant to an open air drug dog sniff search. During an illegal search, Troopers found 3,000 Oxycontin pills, multiple fake I.D.s, fake prescriptions, and over $17,000 cash. All evidence suppressed and case dismissed. *
*Note: Results may vary because each case must be decided on its own unique facts and the law applicable to that given case. You should not infer the likelihood of success on a given case based on past cases handled by this firm.