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Criminal Attorney Oklahoma Defense Lawyer Adam R. Banner OKLAHOMA CRIMINAL DEFENSE ATTORNEY AT LAW
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Drug Trafficking in Oklahoma

Drug trafficking involves the cultivation, manufacture, distribution and sale of substances which are subject to the Oklahoma Uniform Controlled Dangerous Substance Act.  These substances include cocaine, heroin, methamphetamine, LSD, PCP, cocaine-base or “crack,” and ecstasy. Any person who manufactures, transports, or sells controlled substances in the state of Oklahoma can be charged with drug trafficking by any number of different law enforcement agencies.



The weight of the narcotics involved differentiates trafficking from possession with intent to distribute. Oklahoma prosecutors often file trafficking cases based solely on the amount of narcotics discovered; it does not matter whether the individual was transporting, selling, or distributing the narcotics. As such, drug trafficking is one of the most difficult drug charges to defend. Below is a chart of narcotics and the corresponding weights that constitute trafficking:

Drug Type

Weight for Trafficking

Marijuana

25 pounds

Cocaine

28 grams

Heroin

10 grams

Lysergic acid diethylamide (LSD)

50 dosage units

Amphetamine or methamphetamine

20 grams

Phencyclidine (PCP)

1 ounce

Cocaine Base or “Crack”

5 grams

Oklahoma Trafficking in Illegal Drugs Act

One of the harshest facts regarding drug trafficking charges in Oklahoma is that anyone who is charged with trafficking is not eligible for probation. Consequently, you cannot receive a deferred sentence or a suspended sentence if convicted of drug trafficking. Moreover, anyone convicted of trafficking in illegal drugs is ineligible for “earned credits” once he or she enters the Oklahoma Department of Corrections. This means that your sentence will not be cut short due to “good-time” days which would normally shorten a sentence if the inmate progressed through the system without any issues.

Still, you can become eligible for parole once you have served one third of your sentence on a trafficking case. If you do not make parole though, you could end up serving the entire sentence. The mandatory minimum for a first-time charge of trafficking is four (4) years in prison, with a maximum penalty of up to life incarceration. You may also face a fine of up to $100,000.00. If an individual has prior convictions for drug trafficking, he or she can face up to life incarceration without the possibility of parole.

Aggravated Trafficking Charges in Oklahoma

Much like trafficking itself, individuals charged with aggravated trafficking in illegal drugs are put in that category simply based on the amount or weight of the drug they allegedly possess. Aggravated trafficking carries the same prohibition on probation as simple trafficking. Even worse though, individuals charged with aggravated trafficking in illegal drugs face a mandatory minimum of fifteen (15) years in prison as opposed to four (4). Moreover, aggravated trafficking is considered an 85% crime: a convict will not receive earned credits until 85% of the sentence has been served, and he or she will not become eligible for parole until 85% of the sentence has been served. Aggravated trafficking carries a fine as well, and anyone convicted of the crime can expect to pay up to $500,000.00.

Drug Trafficking Lawyer in Oklahoma

Oklahoma is the heartland for drug trafficking. With I-40 and I-35 cutting across the state, many individuals find themselves transporting drugs through a state with some of the harshest drug-crime penalties in the nation. As such, most trafficking cases will begin with a stop on the interstate. Officers and troopers will regularly travel with canines which they can deploy at any given time. Oklahoma law enforcement is trained to make a stop and continue the detention in a method and manner that will be sufficient under the law. More often than not, the case will begin with law enforcement casually asking the occupant of the vehicle if he or she minds answering “a few more questions.” That threshold question can be the difference between a conviction and a dismissal of the charges.

With this in mind, it is extremely important that you hire someone who has handled drug trafficking cases all across the state. We have experience in fighting every aspect of drug trafficking charges. When the case hinges on an illegal stop or an unconstitutional search, our attorneys will exhaust every avenue to review all of the officer reports, dash-camera videos, and canine credentials in order to protect our clients’ Fourth Amendment rights. If there are no search and seizure issues, we can work to mitigate the case. We have had success in getting drug trafficking cases amended down to possession with intent, which allows the client to then become probation eligible. We have had success in suspending the ridiculously large fines that come with trafficking convictions. If all else fails, we have experience litigating trafficking in illegal drugs cases at preliminary hearing and jury trial. See our page on drug charges in Oklahoma for related information.

 

If you or a loved one has been charged with drug trafficking in Oklahoma, time is of the essence. You need an experienced Oklahoma criminal defense attorney, and you need one right now. Call the Law Offices of Adam R. Banner, P.C., and retain an accomplished attorney ready to fight for your rights. Call us today at (405) 778-4800 for a free consultation.

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