Sometimes you don’t have to get caught in the act to acquire a drug charge. Having possession of the drug is enough. In Tulsa, you may have a defense to marijuana possession if you acquired the drug from a licensed physician through prescription. Beyond these limited instances, possession of a controlled dangerous substance charges are governed by Oklahoma law, which has some pretty harsh penalties for this crime ranging from long-term probation to several years behind bars.
Proving Possession of a Controlled Dangerous Substance
Whenever an officer finds drugs on someone, it is pretty easy for a prosecutor to prove that they “possessed” the drug. However, this case isn’t always a slam dunk for prosecutors when the drug was around or near the defendant. In fact, Oklahoma recognizes two types of possession of a controlled dangerous substance, called “actual” and “constructive.”
Actual possession occurs when a person who knowingly has direct physical control over a thing. On the other hand, a person who knowingly has the power and the intention at a given time to exercise dominion or control over a thing will have constructive possession. This means that someone can be convicted of a drug possession charge if it is in their car or in their desk at the office, as long as it can be shown that they had control over the area where the drugs were found. But, just being in the vicinity of drugs will not be enough to show that a defendant was in “possession” of them. A prosecutor must show that a defendant had both knowledge and control of the drugs beyond a reasonable doubt.
Initial Consultation: Tulsa Drug Charge Lawyer
A charge of drug possession can be very serious, especially depending on the type of drug and if you are caught more than once. If you or anyone you know is faced with a charge of possession of a controlled dangerous substance in Tulsa, please contact a Tulsa drug charge attorney to discuss your available legal options. Consult with an experienced attorney at the Tulsa Criminal Defense Law Firm at (918) 256-3400, or call toll-free at 1-(888) 447-7262 (Wirth Law). If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.