Possession of a Controlled Dangerous Substance - Tulsa Trial Attorneys

Screen Shot 2018-12-15 at 11.12.57 PM.png

Client Reviews From Possession of a Controlled Dangerous Substance Cases

"THEY KNOW THE LAW, AND THEY AREN'T AFRAID OF HEARINGS OR TRIAL.  THEY GOT ME A VERY GOOD OFFER, BUT I TURNED IT DOWN AND SAID I WANTED TO GO TO TRIAL.  THEY DIDN'T ARGUE WITH ME LIKE MY LAST ATTORNEY.  CIERA AND BRIAN SIMPLY EXPLAINED THE RISKS AND WHEN I TOLD THEM I WAS SURE ABOUT GOING TO TRIAL, THEY WENT AHEAD AND FOUGHT HARDER THAN ANY ATTORNEYS I HAVE EVER SEEN.  THE END RESULT WAS A NOT GUILTY!"  D.T.

"I HAVE NEVER HAD A LAWYER WORK SO HARD TO GET ME A FAIR SHAKE.  CIERA ARGUED AND ARGUED, AND NOW I AM OUT OF JAIL AND ABLE TO BE WITH MY FAMILY AGAIN.  THANKS!" T.W. - 10/31/17

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.

  1. DON’T TALK AND DON’T GIVE A STATEMENT.

  2. DON’T GIVE THEM CONSENT TO SEARCH.

  3. DON’T TALK TO PEOPLE IN JAIL, OR TO FAMILY OVER THE PHONE ABOUT YOUR CASE.

  4. EVERY MINUTE YOU GO WITHOUT AN EXPERIENCED ATTORNEY PUTS YOU AT RISK.

  5. DON’T HIRE JUST ANY ATTORNEY. MAKE SURE THEY ARE A SUCCESSFUL TRIAL ATTORNEY.

Controlled Dangerous Substance - Definition

"Controlled dangerous substance" means a drug, substance or immediate precursor in Schedules I through V of the Uniform Controlled Dangerous Substances Act or any drug, substance or immediate precursor listed either temporarily or permanently as a federally controlled substance. Any conflict between state and federal law with regard to the particular schedule in which a substance is listed shall be resolved in favor of state law. §63-2-101

Drug Offenses: Possession - Elements

No person may be convicted of possession of a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

(1) knowing and intentional;

(2) possession; 

(3) of the controlled dangerous substance of [Name of Substance]. OUJI-CR 6-6

Drug Offenses: Drug Possession Defined

The law recognizes two kinds of possession: actual possession and constructive possession.

  1. A person who knowingly has direct physical control over a thing, at a given time, is then in actual possession of it.

  2. A person who, although not in actual possession, knowingly has the power and the intention at a given time to exercise dominion or control over a thing, is then in constructive possession of it.

The possession prohibited by the law is not only that of actual physical custody of a controlled dangerous substance but also the constructive possession of it.

[The law recognizes that possession may be sole or joint. In other words, possession need not be exclusive. If one person alone has actual or constructive possession of a thing, possession is sole. If two or more persons share actual or constructive possession of a thing, their possession is joint. A person may be deemed to be in joint possession of a controlled dangerous substance which is in the physical custody of an associate if he/she willfully and knowingly shares with that other person the right to control the disposition or use of such substance.]

However, mere proximity to a substance is insufficient proof of possession. There must be additional evidence of the defendant's knowledge and control. Such knowledge and control may be established by circumstantial evidence. Each fact necessary to prove the guilt of the defendant must be established by the evidence beyond a reasonable doubt. All of the facts and circumstances, taken together, must establish to your satisfaction the defendant’s knowledge and control beyond a reasonable doubt. 

If you find from the evidence beyond a reasonable doubt that the defendant, either alone or jointly with another, had constructive possession of [Specify Controlled Dangerous Substance] then you may find that such substance was in the possession of the defendant within the meaning of the word "possession" as used in these instructions. OUJI-CR 6-11

Possession of a Controlled Dangerous Substance - Punishment

Possession of any controlled dangerous substance is a misdemeanor in the state of Oklahoma. The maximum jail time is one year, and the maximum fine is $1,000. The maximum penalty does not change based on the number of times someone violates the statute.

Drug Crimes - Misdemeanors

Drug Crimes - Felonies 

Drug Crimes - FAQs 

Possession of a Controlled Dangerous Substance 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.

Call Us Today - 918-884-7791