Innocent Cross Country Travelers Accused of Drug Trafficking in Oklahoma

The worst thing to happen to an unsuspecting tourist, while passing through Oklahoma, is to be be arrested for drug trafficking.  It seems like it happens all the time here in Oklahoma.  Unsuspecting tourists and truck drivers are stopped by the police.  Searched for drugs and arrested for drug trafficking.  What should a person do to protect themselves?

If you you get arrested and have been charged with drug trafficking in Oklahoma, you need a lawyer’s advice as soon as possible. Drug trafficking is a serious felony drug charge and If you are convicted, you are looking at significant prison time under Oklahoma’s minimum mandatory sentencing guidelines.

Most people don’t know anything about drug trafficking and sometimes find themselves in a terrible jam.  Without proper legal advice, they can lose their freedom for many years.  Drug trafficking includes the importation, sale or delivery of a drug such as marijuana, cocaine, meth, opiates, hydrocodone or any other number of drugs under Oklahoma’s Controlled Substance law. Police will infer that you intended to sell or deliver the drugs based on the quantity of drugs found in your possession, in your car, in your airplane, boat, vehicle of whatever sort and all of a sudden you are being accused of trafficking when perhaps you didn’t know the drugs were in the car or vehicle.

Drug trafficking makes one immediately think of Miami Vice and related TV shows, however, it is not glamorous when the term gets pinned on an innocent victim.   In Oklahoma, it doesn’t even need to be the allegation that you are selling drugs or of any intent to sell drug. With cocaine, any amount of cocaine over 28 grams is considered trafficking in cocaine. There are a lot of issues that have been delegated in possible law changes that have been suggested to legislator with regards whether is fair or unfair for drugs to be categorized as trafficking based on the amount. With pills such as oxiconton, or oxicodone, the charge relies completely on the entire weight of the pill and not just the active ingredient that actually which gets you high. With many types of drug, the weight may not be made up of an active ingredient but instead be filler. You can be charged with trafficking, the problem with a trafficking charge is that it requires a mandatory minimum sentences, depending of the weight of the drug, and kind of a drug. The sentences can be anywhere from 10 years mandatory minimum in prison, up to life, and the fines range from 50 thousand dollars up to 500 thousand dollars.The only way the judge is allowed to come down off the mandatory minimum sentence is if you are a youthful offender, if you are charged with the trafficking with any drugs that are controlled and you’re 21 or under 21 by the time your sentenced. The way to reduce sentencing is what is called substantial assistant and also know as, flipping, or snitching. Basically what that means is you agree to work with Law enforcement to set up other people. What Law enforcement are going to be looking for is not for small amounts of drugs, but other trafficking amounts.

Most people assume that only high-level drug dealers are charged with drug trafficking. However, it’s not unusual for college students and professionals who sell drugs to their friends and acquaintances to get caught up on these charges. In many cases, it is a housewife filling an unlawful prescription that may get charged with trafficking. With minimum mandatory sentencing, judges cannot change the sentence at their discretion even when prison seems inappropriate.

Defenses in Drug Trafficking Cases

Defenses in drug cases often focus on how the police came into contact with you and seized the drug evidence. If the police did not have a proper warrant, used an illegal wiretap or did not have enough evidence to tie you to the drugs, the charges may be dropped or dismissed.

Drug trafficking charges may be the result of sting operations with the use of undercover police officers or confidential informants. As former prosecutors who worked with police on sting operations, we can give you an honest evaluation of the strengths and weaknesses of the state’s case.

Confidential informants are usually people who have been arrested on drug charges themselves and are cooperating with police. However, police don’t monitor confidential informants carefully and these informants may engage in illegal entrapment to arrest you. Our lawyers also have good relationships with prosecutors if you wish to negotiate a plea bargain or a substantial assistance agreement of your own.

 

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