Possessiona of Marijuana Criminal Charges
Have you or a loved one been arrested and charged for criminal possession of marijuana in Tulsa? If so, you should contact our criminal marijuana defense
Do I Need A Criminal Defense Lawyer
Being charged with the criminal possession of marijuana in Tulsa can result in serious repercussions if your are convicted. You should always consider obtaining a criminal defense attorney to help preserve your innocence.
Oklahoma Marijuana Possession Laws
The possession of marijuana is the most frequently charged drug crime in Tulsa and throughout Oklahoma. Marijuana possession convictions can seriously impact individuals and result in serious repercussions. In order to be found guilty beyond a reasonable doubt of unlawfully possessing marijuana in Oklahoma, the prosecutor will have to prove that you had knowledge and control of the drug. The element of knowledge is proved by presenting evidence which shows that you knew about the nature of the drug while it was in your possession (meaning you must in fact know that the substance is marijuana). To show control, the prosecutor will have to present evidence of either you actually having the substance in your control or by constructive control. Actual control of marijuana means that the substance is within your immediate reach. For constructive control, the prosecutor will have to prove that you had the intent to exercise ownership or control over the drug either directly or indirectly through others. The prosecutor must present evidence that shows beyond a reasonable doubt that you had knowledge and control of the marijuana in order for you to be convicted of the crime.
Marijuana Conviction Penalties and Sentencing.
A first offense possession of marijuana charge is usually a misdemeanor, and if convicted, it is punishable by up to one year in jail and a fine of $1,000. A felony possession of marijuana charge is punishable by up to two to ten years in prison and a $5,000 fine upon conviction. Note, several factors are taken into consideration to determine whether your marijuana offense will be deemed a misdemeanor or felony. Such factors may include your age, previous criminal history, whether you were on or near school grounds, the amount of marijuana in your possession, and whether you had any other type of paraphernalia in your possession at the time of your arrest. Some penalties may also consist of drug abuse treatment programs, potential driver’s license restrictions depending on the location of the arrest, community service, and probation.
Defenses to the Unlawful Possession of Marijuana in Tulsa
Our attorneys can help you defend any criminal possession of marijuana charge(s) asserted against you. For example, we will investigate your particular case to see if the police failed to properly search and seize your person. If so, this can result in the case against you being dismissed. In addition to an illegal search and seizure offense, our attorneys can gather as much evidence as possible to show either that you did not know that you possessed marijuana, or that it was not actually or constructively possessed by you. We have successfully defended Tulsa residents charged with marijuana crimes by asserting the following types of defenses (but not limited to) when applicable: Actual innocence Lack of reasonable suspicion Lack of probable cause Mistake of law Mistake of identity Impossibility defense Duress Insanity defense Contact our attorneys to schedule a free consultation to discuss your matter in more detail. We are here to help protect your constitutional rights and preserve your innocence.
Call A Criminal Defense Attorney in Tulsa
If youve been charged with possession of marijuana or any other drug charge contact Kania Law Office Today.. We offer a free consulatation and can meet with you to discuss your case. Call Today 918-743-2233
Criminal Possession Of Marijuana
http://www.kanialaw.com/criminal-defense-lawyers-tulsa-oklahoma/criminal-possession-of-marijuana.htm
No comments:
Post a Comment