Process of a Drug Possession Charge in Oklahoma

A drug possession case in Oklahoma proceeds in four stages: the post-arrest phase, the pre-trial phase, the trial phase, and if necessary, a post-trial phase.

Post Arrest in Oklahoma

After being arrested, a defendant will probably be questioned about the crime, and of course, they can assert their constitutional right against self-incrimination and the right to consult with an attorney. Sometime thereafter, the defendant will be formally charged with a crime, and a trial date will be set. Moreover, the defendant may be required to post bail to secure their appearance at court.

Pre-Trial in Oklahoma

While awaiting trial, the defendant will have the opportunity to gauge the state’s evidence. The defendant will also have the opportunity to either get certain pieces of evidence excluded from the trial and even try to get the case dismissed. Furthermore, the defendant can even negotiate with the state for a reduced sentence in exchange for a guilty plea to a lesser charge.

Trial in Oklahoma

In Oklahoma, the state will present its case first, with witness testimony (i.e. the arresting police officers) and the submission of evidence (i.e. seized contraband, etc). The defendant’s attorney will try to test the credibility of the witnesses by questioning them via cross-examination. The defendant is not required to put a case, and it is the responsibility of the state to prove the defendant’s guilt beyond a reasonable doubt.

Post Trial in Oklahoma

If a defendant is found not guilty, the case will end there. Conversely, if a defendant is found guilty, then they will be sentenced, sometimes at a later date. At sentencing, the court will decide the punishment, such as incarceration, probation (to include suspended sentences) and possible monetary fines. In Oklahoma, the sanctions can be influenced by the type of drug(s) involved in the arrest as well as by mitigating factors, such as economic pressure. Likewise, certain defendants, such as those with substance abuse problems, can possible benefit from a diversion program instead of incarceration.

Moreover, someone can contest a drug possession conviction in Oklahoma state courts in two ways. First, a person can file a post-trial motion (such as a Motion for a New Trial) and if necessary, file for an appeal with the Oklahoma Court of Criminal Appeals.

Talk to a Criminal Defense Lawyer

With the possibility of sanctions ranging from jail time to fines to a criminal record, a citizen of Oklahoma facing a drug possession charge should get a criminal defense lawyer as soon as possible.