Step-by-Step: How to Fight a First-Time Drug Trafficking Charge in Oklahoma

A first-time drug trafficking charge in Oklahoma is a serious felony offense that carries the potential for a lengthy prison sentence. However, it is important to remember that in any criminal prosecution, the State bears the burden of proof. This means the prosecution must establish each element of the offense of drug trafficking beyond a reasonable doubt. A skilled criminal defense attorney can critically examine the evidence, challenge the State’s case, and, where appropriate, pursue dismissal, acquittal, or negotiate for reduced charges through strategic mitigation.

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1. Challenge the Stop, Search, or Seizure (Fourth Amendment Violation)

If police searched your vehicle, home, or person without a valid warrant or legal exception (like consent or probable cause), your attorney can file a motion to suppress evidence. If the drugs were found through an illegal search, the case may be dismissed.

Example: You were pulled over without reasonable suspicion, and the search of your trunk revealed drugs — this evidence may be excluded.

2. Dispute the Quantity of the Substance

Trafficking charges in Oklahoma are triggered by specific weight thresholds (e.g., 20g of meth, 28g of cocaine, 1g of fentanyl). If the state can’t prove the amount was over the limit, the charge may be reduced to simple possession or intent to distribute.

Strategy: Have an independent lab test the substance; question chain of custody or lab results.

3. Argue Lack of Knowledge or Intent

The prosecution must prove you knowingly possessed the drugs and intended to traffic them. If someone else placed the drugs in your vehicle or home without your knowledge, you may have a viable defense.

Useful in: Cases involving shared property, borrowed vehicles, or packages delivered to your residence.

4. Use Entrapment as a Defense

If undercover law enforcement pressured or tricked you into committing a crime you otherwise wouldn’t have committed, you may raise an entrapment defense. This is difficult to prove and generally applies in sting operations.

5. Negotiate for a Reduction or Dismissal (Plea Negotiation)

If the evidence is strong but you have no criminal record, your attorney may be able to:

• Negotiate a plea to a lesser offense (e.g., possession or possession with intent). This is very fact-specific and depends on you remaining silent when the police question you.
• Request participation in a Drug Court or deferred sentence program. Different district attorneys in different Oklahoma counties offer various drug courts or alternative sentencing.
• Argue mitigating factors to reduce prison time or avoid the 85% rule. This is critical and can save you years off a sentence in the event the facts don’t support a jury trial or a dismissal.

6. Scrutinize Police Procedures and Testimony

Inconsistencies in police reports, missing bodycam footage, or contradictory officer testimony can be used to weaken the state’s case. Its not at all uncommon to catch the Police providing a narrative thats far from the truth.

7. Explore Alternative Sentencing (Drug Court or Diversion)

In some counties, first-time non-violent offenders may qualify for drug court or diversion. This requires accepting responsibility but may result in dismissal of charges upon completion of treatment and supervision.

Note: Not usually available in aggravated trafficking cases or if firearms were involved.

Oklahoma First-Time Drug Trafficking Lawyers In Your Corner

When you face first-time drug trafficking charges, you need serious drug lawyers in your corner. Our Tulsa criminal defense attorneys handle all felony crimes in every county in Oklahoma. Get a free consultation from the Kania Law Offices Oklahoma attorneys by calling 918-743-2233, or you can follow this link to ask an online legal question.