Drug Court - Tulsa Trial Attorneys
Client Reviews From Drug Court Cases
"THANK YOU FOR TAKING THE TIME TO EXPLAIN EVERYTHING TO MY HUSBAND AND I. UNDERSTANING WHAT WAS HAPPENING MADE IT SO MUCH EASIER TO DEAL WITH." R.L.
"I WOULD HAVE BEEN IN PRISON IF IT WASN'T FOR BRIAN AND CIERA. I HAVE NEVER HAD AN ATTORNEY FIGHT FOR ME LIKE THEY DID." T.W..
Times Have Changed for Drug Crimes
It was only a few years ago and people convicted of simple possession of marijuana were sentenced to significant prison time in Oklahoma. If you were convicted of Manufacturing, Distribution, or Trafficking they would just throw away the key. Times have changed and now possession of a controlled drug is a misdemeanor with a maximum of 1 year in jail, and marijuana is legal for medical purposes with a prescription. This doesn’t mean that you should take an arrest for a drug crime lightly, especially when the arresting agency is going to do everything in their power to make your simple possession into a possession with intent to distribute, or even worse trafficking. There are also ramifications to your employment and your driver’s license if you are not careful.
Time is of the Essence
First and foremost, call us right away at 918-884-7791. Whenever you get arrested on drug charges, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.
DON’T TALK AND DON’T GIVE A STATEMENT.
DON’T GIVE THEM CONSENT TO SEARCH.
DON’T TALK TO PEOPLE IN JAIL, OR TO FAMILY OVER THE PHONE ABOUT YOUR CASE.
EVERY MINUTE YOU GO WITHOUT AN EXPERIENCED ATTORNEY PUTS YOU AT RISK.
DON’T HIRE JUST ANY ATTORNEY. MAKE SURE THEY ARE A SUCCESSFUL TRIAL ATTORNEY.
Drug Court - Definition
"Drug court" means an immediate and highly structured judicial intervention process for substance abuse treatment of eligible offenders which expedites the criminal case, and requires successful completion of the plea agreement. 22 O.S. 471.1(A)
Establishing a Drug Court Program
Each district court of this state is authorized to establish a drug court program pursuant to the provisions of this act, subject to availability of funds. Juvenile drug courts may be established based upon the provisions of this act; provided, however, juveniles shall not be held, processed, or treated in any manner which violates any provision of Title 10A of the Oklahoma Statutes. 22 O.S. 471.1(B)
Should Drug Court Programs Apply to Violent Criminal Offense?
Drug court programs shall not apply to any violent criminal offense. Eligible offenses may further be restricted by the rules of the specific drug court program. Nothing in this act shall be construed to require a drug court to consider every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program. Traditional prosecution shall be required where an offender is determined not appropriate for the drug court program. 22 O.S. 471.1(C)
How does the Drug Court Program Judicial Processing System Work?
Drug court programs shall require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. Whenever possible, a drug court team shall be designated consisting of a judge to administer the program, a district attorney, a defense attorney, and other persons designated by the drug court team who shall have appropriate understanding of the goals of the program and of the appropriate treatment methods for the various conditions. The assignment of any person to the drug court team shall not preclude the assigned person from performing other duties required in the course of their office or employment. The chief judge of the judicial district, or if the district has more than one chief judge than the presiding judge of the Administrative Judicial District, shall designate one or more judges to administer the drug court program. The assignment of any judge to a drug court program or the designation of a drug court docket shall not mandate the assignment of all substance abuse related cases to the drug court docket or the program; however, nothing in this act shall be construed to preclude the assignment of all criminal cases relating to substance abuse or drug possession as provided by the rules established for the specific drug court program. 22 O.S. 471.1(D)
Who Files the Criminal Case Record for Eligible Offenders?
When a drug court program is established, the arresting officer shall file the criminal case record for potentially eligible offenders with the district attorney within four (4) days of the arrest. The district attorney shall file an information in the case within twenty-four (24) hours of receipt of the criminal case record when the offender appears eligible for consideration for the program. The information may be amended as necessary when an offender is denied admittance into the drug court program or for other purposes as provided in Section 304 of this title. Any person arrested upon a warrant for his or her arrest shall not be eligible for the drug court program without the approval of the district attorney. Any criminal case which has been filed and processed in the traditional manner shall be cross-referenced to a drug court case file by the court clerk, if the case is subsequently assigned to the drug court program. The originating criminal case file shall remain open to public inspection. The judge shall determine what information or pleadings are to be retained in the drug court case file, which shall be closed to public inspection. 22 O.S. 471.1(E)
Who will be the Primary Agency to Assist in the Development and Implementation of a Drug Court Program?
The court may request assistance from the Department of Mental Health and Substance Abuse Services which shall be the primary agency to assist in developing and implementing a drug court program or from any state or local agency in obtaining the necessary treatment services which will assure maximum opportunity for successful treatment, education, and rehabilitation for offenders admitted to the program. All participating state and local agencies are directed to coordinate with each other and cooperate in assisting the district court in establishing a drug court program. 22 O.S. 471.1(F)
What Should Each Drug Court Ensure?
Each drug court program shall ensure, but not be limited to:
1. Strong linkage between participating agencies;
2. Access by all participating parties of a case to information on the progress of the offender;
3. Vigilant supervision and monitoring procedures;
4. Random substance abuse testing;
5. Provisions for noncompliance, modification of the treatment plan, and revocation proceedings;
6. Availability of residential treatment facilities and outpatient services;
7. Payment of court costs, treatment costs, supervision fees, and program user fees by the offender;
8. Methods for measuring application of disciplinary sanctions, including provisions for:
a. increased supervision,
b. urinalysis testing,
c. intensive treatment,
d. short-term confinement not to exceed five (5) days,
e. recycling the offender into the program after a disciplinary action for a minimum violation of the treatment plan,
f. reinstating the offender into the program after a disciplinary action for a major violation of the treatment plan, and
g. revocation from the program; and
9. Methods for measuring performance-based effectiveness of each individual treatment provider's services.
All drug court programs shall be required to keep reliable data on recidivism, relapse, restarts, sanctions imposed, and incentives given.
Nothing in this section shall prohibit any county from establishing a drug court for misdemeanor offenses. Such misdemeanor drug courts shall follow the rules and regulations of felony drug courts except that the penalty for revocation shall not exceed one (1) year in the county jail or the maximum penalty for the misdemeanor allowed by statute, whichever is less. The Department of Mental Health and Substance Abuse Services shall provide technical assistance to the counties that establish misdemeanor drug courts. 21 O.S. 471.1
Who is Eligible for the Drug Court Program?
The opportunity for review of an offender for a drug court program shall occur at any time prior to disposition of the case and sentencing of the offender, including sentencing on a petition to revoke a suspended sentence or any probation violation. When a drug court is established, the following information shall be initially reviewed by the sheriff or designee, if the offender is held in a county jail, or by the chief of police or designee, if the offender is held in a city jail:
1. The offender's arrest or charge does not involve a crime of violence against any person, unless there is a specific treatment program in the jurisdiction designed to address domestic violence and the offense is related to domestic violence and substance abuse;
2. The offender has no prior felony conviction in this state or another state for a violent offense within the last ten (10) years, except as may be allowed in a domestic violence treatment program authorized by the drug court program. It shall be sufficient for this paragraph that a criminal history records name search was conducted and indicated no apparent violent offense;
3. The offender's arrest or charge does not involve a violation of the Trafficking In Illegal Drugs Act;
4. The offender has committed a felony offense; and
5. The offender:
a. admits to having a substance abuse addiction,
b. appears to have a substance abuse addiction,
c. is known to have a substance abuse addiction,
d. the arrest or charge is based upon an offense eligible for the drug court program, or
e. is a person who has had an assessment authorized by Section 3-704 of Title 43A of the Oklahoma Statutes or drug court investigation and the assessment or investigation recommends the drug court program.
For More on Drug Court Program Eligibility, Click Here
Drug Crimes - Misdemeanors
Public Intoxication - Drugs
Drug Crimes - Felonies
Drug Crimes - FAQs
What is Drug Court?
Drug Court Litigation Expertise
Don’t settle for the quick plea on Drug Crime charges in Oklahoma. There are many ramifications to even taking a misdemeanor plea to probation. When defending drug charges, it is necessary to obtain experienced and aggressive representation who is willing to question whether there was probable cause for the stop, whether the search may have breached your constitutional rights, and based on case law you may not have been in possession of the contraband. The smallest detail or piece of evidence can make all the difference. The longer you wait to hire a Criminal Defense attorney the greater the stress and the greater the advantage to the prosecution.