The Law Firm of Oklahoma Criminal Defense Attorney Dustin Phillips

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(405) 418-8888

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RECENT CASE RESULTS

Dismissed
False Declaration to a Pawn Broker
November 2017 | Oklahoma County Court
Dismissed
1st Degree Burglary, Pointing a Firearm
November 2017 | Oklahoma County Court
Dismissed
Domestic Abuse by Strangulation
October 2017 | Oklahoma County Court
Dismissed
Domestic Abuse (Assault & Battery)
October 2017 | Lawton Municipal Court
Dismissed
1st Degree Robbery
October 2017 | Oklahoma County Court
Dismissed
Conspiracy to Commit a Felony, Forging a Certificate of Title, Offering Forged Instrument to Public Office
September 2017 | Oklahoma County Court
Dismissed
Possession of Drug Paraphernalia
September 2017 | Custer County Court
Dismissed
Unlawful use of Police Radio
September 2017 | Garvin County Court
Dismissed
Possession of Stolen Property
September 2017 | Oklahoma County Court
Acquitted at Trial
Lewd Acts with a Minor
August 2017 | Cleveland County Court
 
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Lawyer:  OKC's Best Drug Crimes Defense Team

The state of Oklahoma is known for its tough drug crime laws. Even simple marijuana possession, in certain circumstances, can lead to a lengthy prison sentence. If you have been charged with a drug related crime, finding an experienced lawyer and assertive defense representation is crucial to a successful outcome in your case.

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Phillips & Associates has built a reputation as the top criminal attorneys in Oklahoma. By aggressively challenging evidence and through assertive defense strategies, we have been able to secure favorable outcomes for our clients in state and federal courts on drug related criminal charges.


Experienced Legal Defense for a Variety of Drug Charges

Whether you have been charged with a drug crime of misdemeanor possession of marijuana or felony trafficking, you can count on our team of criminal defense attorneys to represent you with a commitment to doing whatever it takes to win your drug case. While no lawyer can ethically guarantee a dismissal or acquittal, we can promise you that we will handle your case with the utmost diligence. Our history of successful drug cases defense supports our dedication to achieving a positive result for you the client.

Our experienced criminal defense attorneys represent Oklahomans accused of drug offenses ranging from possession of drug paraphernalia through federal trafficking charges. We argue before Oklahoma District Courts as well as United States District Courts, always working to protect the rights of the defendants we represent.

Federal Drug Trafficking and Distribution

Distribution of illegal or prescription drugs is a felony which can result in serious prison time if you are convicted.  But the punishments for drug trafficking can be much more severe.  Minimum penalties are at least twice those handed down for distribution.  A courts determination of drug distribution vs trafficking often boils down to the quantity of drug in question.  If you've been charged with trafficking you need representation familiar with this sort of defense.

Felony Possession

Drug possession with the intent to distribute is a felony.  It is punishable by a minimum sentence of two years in prison and  a maximum sentence of life behind bars and a $20,000 fine.  First-time-offenders may be eligible for a suspended sentence, but any subsequent offenses, carry a minimum of four years in prison and are not eligible for deferred sentencing.  Learn more about felony possession charges and defense strategies.

Prescription Drugs

Possession of Controlled Dangerous Substances can be prosecuted as a misdemeanor or a felony.  This is often dependent upon the type of drug.  However distribution of Controlled Dangerous Substances is a felony even as a first offense.  Learn more about prescription drug charges and defense here.

Possession of Drug Paraphernalia

Possession of drug paraphernalia is one of the few drug related charges that is a misdemeanor in the state of Oklahoma. But even a misdemeanor conviction carries harsh penalties.  A first offense has a potential sentence of up to one year in jail and a $1,000 fine.  If you've been charged with possessing paraphernalia you need to understand your options.

Marijuana Possession

Under current Oklahoma law, the police can arrest you for possessing any amount of marijuana. This includes trace or residue amounts. Joints, roaches, and ashes or residue in a device used to smoke marijuana, such as a pipe or bong are also considered possession.

Possession of marijuana is a misdemeanor offense. It is punishable by a maximum fine of $1,000 and no more than one year in jail. As of July 1, 2017, all simple possession charges are considered misdemeanors—even if you have prior drug offenses on your record.

If you've recently been arrested for possession, take a look at our resource to determine what you should do next.

Distribution

The penalties for federal and state drug transportation or distribution crimes depend on a number of factors.  These include; the type or classification of the drug, the amount of drugs involved, the location (i.e., near a school, or playground), and whether the drugs were brought in from another country, etc.  Learn more about distribution legal defense here.

Manufacturing or Cultivation

Though the effort to cultivate and manufacture drugs may be relatively minor, the criminal penalties for conviction of marijuana cultivation or illegal drug manufacture are anything but minor. Drug cultivation and manufacture are felony offenses which carry the potential for life in prison, even as a first offense.  Learn more about defense strategies for drug manufacturing.

Our Drug Crime Defense Strategies

There is no one-size-fits-all defense for drug related charges; each case is unique and the specific details and nature of the alleged offense must be carefully scrutinized to uncover the best possible strategies for defense.

However, there are certain common defense options that, when used appropriately, can provide a successful outcome for the defendant:

  • Insufficient evidence
  • Unreasonable search and seizure
  • Illegally obtained evidence
  • Police mistakes
  • Alternatives to jail, including drug treatment programs and rehabilitation
  • Reduced or amended charges
  • Independent verification of drug tests

Our firm’s drug defense attorneys will offer wise legal counsel in helping you determine the best course of action for your case, whether that means negotiating a plea bargain and alternatives to keep you out of jail or aggressively defending your innocence at trial. Call (405) 418-8888 to schedule your free consultation or learn more about our highly effective drug crimes legal defense strategies.

Oklahoma Drug Conviction Penalties

The criminal penalties for a drug conviction in Oklahoma depend on the crime with which a defendant was charged and other variables of the offense. For example, a first offense of marijuana possession for personal use would merit a lighter sentence than possession with intent to distribute. Trafficking charges are among the most serious offenses, and conviction may result in a life sentence. Potential penalties of drug conviction include:

  • Felony conviction
  • Mandatory drug testing
  • Lengthy probation or parole
  • Up to life in prison without the possibility of parole
  • Loss of the right to possess firearms

If you have been charged with a drug crime, a defense attorney can help you understand the specific charge or charges against you and can explain any potential penalties associated with conviction. Phillips & Associates, we offer a free, confidential case analysis to individuals charged with drug possession, distribution, trafficking, and other drug crimes in Oklahoma.

Oklahoma Drug Laws

The Uniform Controlled Dangerous Substances Act enumerates the state drug laws found in Title 63, Chapter 2 of the Oklahoma statutes. Drug paraphernalia, such as glass tubes, pipes, and bongs, are defined in 63 O.S. § 2-101.1, and subsequent sections of the Public Health statutes outline laws regarding the illegal possession, manufacturing or cultivation, sale, and distribution of controlled dangerous substances including marijuana, prescription drugs, cocaine, heroin, crystal meth, and other illegal drugs.

Drug crimes and their associated penalties are outlined beginning § 2-401:

A. Except as authorized by the Uniform Controlled Dangerous Substances Act, it shall be unlawful for any person:
1. To distribute, dispense, transport with intent to distribute or dispense, possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit the use of or use the services of a person less than eighteen (18) years of age to cultivate, distribute or dispense a controlled dangerous substance;
2. To create, distribute, transport with intent to distribute or dispense, or possess with intent to distribute, a counterfeit controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined by Section 2-101 of this title, except when authorized by the Food and Drug Administration of the United States Department of Health and Human Services.

The statutes define drug schedules and specific controlled substances in each, and they explicitly list potential penalties for the possession, distribution, and manufacture or cultivation of illegal drugs, illegally obtained prescription drugs, and synthetic drugs.