CRIMINAL DEFENSE FIRM TAKES ON DRUG CASES
Although public opinion has started to shift regarding how the criminal justice system should handle drug offenders, the war on drugs is still ongoing in Oklahoma. Drug offenses are among the most common charges and they range in type and severity. While each case is unique, a common theme in drug offenses is the prosecution seeking harsh punishments.
Oklahoma has many different types of drug crimes. You understanding the details of your case is essential to your attorney being able to effectively challenge the charges brought by the state. The Cincotta Law Office will provide you with the knowledge, guidance, and legal representation you require and deserve in such a trying time.
Drug crimes carry harsh punishments under state and federal law even when substance abuse treatment or some other alternative to incarceration might be a better solution. At Cincotta Law Office in Oklahoma City, we deliver comprehensive legal support to people who have been charged with the possession, sale, trafficking, or manufacture of controlled dangerous substances. We know how law enforcement can overreach when investigating drug-related offenses. Our experience and deep knowledge of relevant laws and local courts help clients assert their rights and pursue a favorable outcome.
We Are Always On Your Side!
EXPERIENCED DRUG LAWYERS LITIGATE CASES OF
POSSESSION AND DISTRIBUTION
Oklahoma's Uniform Controlled Dangerous Substances Act is complex and is frequently revised. Starting with your free initial consultation with a criminal defense lawyer, we will advise you on ways to defend against charges. We handle all felony and misdemeanor drug charges, including:
Drug Possession (Simple Possession):
In 2017 and through a vote of the people (State Question 780), the law in Oklahoma was amended and now simple possession of a controlled dangerous substance is a misdemeanor regardless of the drug involved. Prosecutors and law enforcement did not like this amendment, and, if caught with an illegal drug, you may be required to serve up to a year in jail and receive a fine up to $1,000. If you have a controlled dangerous substance on you or within property or space you privately control, you can be charged with possession of a controlled dangerous substance. In Oklahoma, it is illegal to possess any amount of controlled dangerous substance, including marijuana, except when authorized by a state-issued medical marijuana card.
Possession with Intent and Distribution:
Distribution is the selling, moving, or distributing an illegal substance, or a legal substance through illegal channels. If law enforcement or the prosecutor believes evidence exists that the drugs being possessed were going to be sold, given, or distributed to someone else, it can trigger a felony charge of possession with intent to distribute. Often, the evidence will involve the quantity of drugs, items present with the drugs often linked to drug sales, and text messages or digital evidence. The sentences in these cases vary depending on the schedule of the drug and the number of prior convictions the individual has. A sentence can carry up to seven years for a first offense, and twenty years with prior convictions.
Trafficking in Illegal Drugs:
Possessing over specific quantities of illegal substances, regardless of the individual's intent, is trafficking in Oklahoma. For example, an allegation involving at least 20 grams of methamphetamine, 28 grams of cocaine, 10 grams of heroin, or 25 pounds of marijuana is considered trafficking. This differs from possession with intent to distribute and distribution charges where there is no set weight limits or quantity requirements. Drug trafficking carries serious prison time. Incarceration can be for as long as 20 years without a prior conviction and life in prison with prior convictions. Moreover, one must serve 50% of the sentence imposed before being eligible for release from prison. Possessing extreme quantities of certain substances is considered aggravated trafficking, which carries even more severe punishment and the person must serve at least 85% of the sentence imposed before being eligible for parole or being released from prison on earned credits. Sentences vary widely in these cases.
Creating or attempting to create a controlled substance is drug manufacturing. Manufacturing a drug other than methamphetamine carries up to ten years for a first conviction and up to life with multiple convictions. A first conviction for manufacturing methamphetamine carries up to life in prison.
Prescription Drug Crimes:
Though prescription drugs benefit those who use them under doctor supervision, abusing prescription drugs can be dangerous and even deadly. Use of a prescription drug in a way other than how your doctor has prescribed can constitute a crime. As the nationwide opioid epidemic continues, so do the number of prescription drug crimes. However, prescription drug crimes are not limited to opioids. Oklahoma law assigns severe punishments to individuals found guilty of prescription drug fraud, which can include seeking authorizations from multiple doctors, forging prescriptions, and changing the information on a prescription.
Whether the specific allegation relates to heroin, cocaine, methamphetamine, marijuana, or another controlled dangerous substance, we'll work tirelessly to defeat unsupported charges and secure an appropriate resolution.
CONTACT AN EFFECTIVE OKLAHOMA DRUG CRIME LAWYER
FOR A FREE CONSULTATION
Cincotta Law Office advocates on behalf of Oklahoma residents who have been accused of illegal drug possession, distribution, trafficking, or manufacture. We offer free initial consultations at our Oklahoma City office, located near Quail Springs Mall. To discuss your situation with an experienced drug lawyer, please contact David A. Cincotta.