Drug Trafficking and Distribution
Drug Trafficking & Distribution Defense
Drug trafficking involves the distribution of drugs in certain quantities defined by law. Trafficking may be charged in federal or state courts, although in federal court it is generally referenced as drug distribution.
Oklahoma Drug Trafficking Law
In Oklahoma, trafficking can occur even with small, but distributable quantities:
Drug |
Trafficking |
Aggravated Trafficking |
---|---|---|
Marijuana |
25 lbs. |
1,000 lbs. |
Cocaine or Crack Cocaine |
28 grams |
450 grams |
Methamphetamine |
20 grams |
450 grams |
Amphetamine |
20 grams |
450 grams |
LSD |
50 doses |
|
PCP |
1 oz. |
|
MDMA (Ecstacy) |
30 tablets or 10 grams |
|
Heroin |
10 grams |
|
Morphine |
1,000 grams |
|
Oxycodone |
400 grams |
Trafficking is punishable in Oklahoma from zero to 14 years (first offense) or zero to 21 years (second offense) depending on the drug. For a third offense of drug trafficking the punishment in 20 years to LIFE without parole. There are substantial monetary fines in addition to the mandatory imprisonment.
Aggravated Drug Trafficking
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).
Suppression of Evidence in Drug Trafficking & Distribution Cases
It may be possible to suppress evidence (meaning to exclude evidence) if the facts and circumstances allow. 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.
OKC Drug Trafficking Attorney
We have successfully defended clients charged with Drug Trafficking in Oklahoma courts and federal courts.
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.
*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.
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