Most people believe being caught selling drugs is the most serious drug crime a defendant can be charged with in Tahlequah, Oklahoma. However, a defendant can also face very serious penalties if they are caught in mere possession of a controlled substance in Oklahoma. Thus, you should speak to a Tahlequah attorney right away.
About Possession Of A Controlled Substance In Oklahoma
Oklahoma law penalizes two types of drug possession: actual and constructive.
Actual possession typically occurs when a defendant is found in literal possession of a drug, such as in their pocket, for example.
Constructive possession is less clearly defined.
Under Oklahoma law, a prosecutor must prove beyond a reasonable doubt that:
The defendant had possession of a controlled substance in Oklahoma by showing that they knowingly had the power and the intention at a given time to exercise dominion or control over it. Okla. Stat. tit. 21 § 11.2
If the drugs were merely found in an area — such as a room in an apartment — the prosecutor must also prove that the defendant had control over the area where the drugs were found.
Defending A Possession Charge
It is never sufficient proof for a possession of a controlled substance in Oklahoma charge that a defendant was in the same vicinity of the drugs.
A jury may only find a defendant is guilty if the prosecutor presents evidence to show that the accused had knowledge that the drug was there and also had control of it. OUJI-CR 6-11
Low-cost Initial Consultation: Tahlequah Drug Defense Attorney
If you or a loved one needs to speak with a Tahlequah drug crimes defense attorney, call 918-458-2677.
Or, as always, you may enter a legal question in the form at the top right of this page.
