Many people are aware that possessing drugs is a crime. However, the legal concept of “possession” is very complicated and often depends on the specific facts of your case.
If you’ve been charged with possession of a controlled substance in Oklahoma City, contact an experienced drug defense attorney right away.
FAQ: Possession of a Controlled Substance in Oklahoma
The law recognizes two types of drug possession in Oklahoma: 1) actual and 2) constructive possession.
Actual possession only occurs when the defendant had the drug on his physical person (in his hand, pocket, or purse, for example).
Constructive possession is more complicated, however, as you don’t actually have to have been caught with the substance on you in order to be charged for it.
In order for someone to be convicted of possession of a controlled substance in Oklahoma City, the prosecutor must prove that a defendant:
2) had the power
3) and the intention at a given time
4) to exercise dominion or control over the drug.
This means that it is not enough that a defendant was in the same area where the drugs were found, but that they also could personally access and control the drugs.
Additional Information About Drug Possession Cases
It is never enough that Oklahoma City police officers found drugs located near a defendant.
For example, if officers located drugs in a room in the defendant’s home, but cannot prove that the defendant could access the drugs, then they may not be able to prove that the drugs were in his “possession.”
An experienced criminal defense attorney can help build a defense that can either mitigate the charge of possession of a controlled substance in Oklahoma City – or have it dropped altogether.
Oklahoma City Drug Defense Attorney
There is no cost and no obligation for an initial consultation regarding a charge of possession of a controlled substance in Oklahoma. We can work with you to ensure you keep your freedom and your dignity.
To speak to a qualified Oklahoma City drug defense attorney, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 today. If you prefer, you may send your question using the contact form at the top right side of this page.