New Oxycodone Rules On The Way

 

Oxycodone has become the drug of choice for many Oklahomans. This prescription, opioid-based, pill is effective at treating pain, but it’s also extremely addictive. It’s not just oxycodone, other opioids like morphine, Buprenorphine, and hydrocodone are all just as addictive.Oxycodone Rules

When it comes to overdoses, Oklahoma ranks 10th in the nation, according to data from the Center for Disease Control. In the US, opioids claim around 40 lives everyday.

Lots of people who get hooked on opioids start with a legitimate prescription from a doctor. Opioids are commonly prescribed after surgeries or sickness to help patients cope with pain.

During the recovery period, patients get use to the feeling of the pills and want to keep the feeling after their prescription runs out. The CDC is rolling out new regulations to try to put a stop to this epidemic. These regulations instruct doctors to tell patience to try using over the counter pain medications first, and only prescribe opioids when absolutely necessary.  

This decision has caused controversy in the medical community. Some doctors complain that these new rules go too far, and will get in the way of treating patients.

On the other hand, community leaders who work with drug addicts and in rehab clinics applaud the new rules and hope this will bring change to a terrible problem in our community.

Opioids are seriously addictive and carry serious penalties in Oklahoma if you don’t have a prescription. For your first offense you can face a $5,000 fine and up to 5 years in jail. Anyone charged with possession of oxycodone or any other opioid needs to find a lawyer who is familiar with Oklahoma drug laws.   

Judge Throws Out Evidence in Drug Case

Judge Throws out EvidenceA federal judge has thrown out evidence in a drug trafficking case due to reckless statements made by the detective when getting the search warrant. Police detective Keith Medley, a 14 year veteran of the Oklahoma City Department, arrested Victor DeWayne Gaines after finding pot, cocaine, and a gun in Gaines’s apartment.

 

To get the search warrant for Gaines’ apartment Medley told the Oklahoma County District Judge, Cindy Truong, the following.

 

  • A black male took the two trash bags out by Gaines’ apartment.
  • He found sandwich baggies with marijuana residue and a pill bottle with Gaines’ name on it, in those trash bags.
  • He saw Gaines come and go from the apartment several times.
  • Gaines had prior convictions for shooting with intent to kill and arrests for drug trafficking.

 

Here’s what actually happened according to the judge.

 

  • The male man taking the trash out was a 8 to 10 year old boy.
  • Police found two sandwich baggies with green flakes, but did not test the flakes or baggies for marijuana.
  • Medley only saw Gaines enter the apartment once.
  • Gains only had one prior conviction with no other arrests.

 

The judge went on to write very critical words of the detective, although the judge did note Medley had good intentions. Gaines is still awaiting trial, but all evidence gathered using the search warrant can not be used against him.

 

Despite best intentions cops can make mistakes and cut corners. While this is done in the name of justice, it violates rights guaranteed to every American. If your rights have been violated by police during a search or arrest, call us to protect your rights. We have years of experience helping clients whose rights were violated.

Source: NewsOK

When Can a Police Dog Sniff Your Car?

We’ve all watched cops, and we’ve all seen an episode when the police dogs come in and sniff out the drugs in the bad guy’s car. It’s always a very pivotal moment in the episode.

 

This makes for great TV, but it’s important to know when exactly police dogs are allowed to sniff your car. In fact, just a year ago the Supreme Court tried to better define when police dog searches are legal at a traffic stop.

When can a police dog sniff your car?

The case is known as Rodriguez v. United States and it started back in 2012, finishing in the Supreme Court in 2015. Dennys Rodriguez and his passenger Pollman were driving through Nebraska when officer Struble pulled their Mercury Mountaineer over for veering slowly onto the shoulder of the highway.

 

Here’s what happens during the traffic stop:

 

  • Struble got the Rodriguez’s paperwork and asked him to come wait in the patrol car
  • Rodriguez denied that request
  • Struble ran reports on Rodriguez
  • Struble then ran reports on Pollman
  • Struble asked for permission to have a dog walk around the car
  • Rodriguez denied
  • Struble asked Rodriguez to turn off the car and step outside
  • Rodriguez complied
  • A second officer arrived
  • The dog began walking around the car
  • During the walk the dog indicated there were drugs in the car
  • The officers searched and found a bag of methamphetamine

 

Now the question becomes, was that search legal? The Supreme Court answered that question indirectly. They voted six to three that dog searches are legal during traffic stops. However, officers cannot extend the time of a traffic stop to conduct a sniff search.

 

The court felt that officers should conduct the stop and complete the originally intended purpose in a reasonable amount of time. While the court did not set a time limit for such occasion they stipulated that stops should only take as long as it takes to check the driver’s license, registration, and proof of insurance, and run a warrant check.

 

This means that officers need to have reasonable suspicion to let the dogs out. Defining reasonable suspicion in the context of search and seizure is a much more complicated issue to handle, and deserves its own blog to come later.

 

If you’ve been illegally search by law enforcement contact Jacqui Ford.

 

Legalization of Marijuana Oklahoma Lawyer

Legalization of Marijuana Oklahoma Lawyer

Jacqui Ford, attorney and host

Norma Sapp, State Director of Oklahoma NORML

Jacqui Ford, attorney and host: Welcome to Your Best Defense podcast. This is Jacqui Ford. And I’m so excited to be with you guys today. Today we’re joined by Norma Sapp. Norma is the state director of the Oklahoma NORML. Norma, thanks for joining us. How do you do?

Norma Sapp, State Director of Oklahoma NORML: Oh, I’m good, very good. Thanks for having me.

J: I’m very excited, and I know we’ve got a lot of things to talk about today. I want to talk to you about what it is that were doing on the legalization and decriminalization of marijuana front here in Oklahoma. But, before we get started Norma, I know a lot of people are going to be listening and they’re going to want to know where to find you. So, how do we find you? If people want to join, or talk to you, or sign your petition, or whatever.

N: Okay. First off, my name Norma SAPP. I have a Facebook page. You can find there, and from there you can find all the other places that I’m connected, and all the other groups I’m connected with. But I also want to send people to Green the Vote Facebook page.

J: And what is Green the Vote Norma?

N: Green the Vote is, and this is kind of a long story, I’ll make it short. Last year we ran a petition under the name Oklahomans for Health. Well, Oklahomans for Health was going to do another petition because we didn’t qualify last year, and they decided, and it was supposed to be released August 1st. They decided they didn’t have the funds yet together to be able to release on August 1st. So they put it off ‘til spring. Well, Green the Vote was all of us ready to go in August. Read more

OKC Marijuana Defense Lawyer

OKC Marijuana Defense Lawyer

Anna Herman, host

Jacqui Ford, Attorney

Anna Herman, host: Hello! Welcome to Your Best Defense podcast. My name is Anna, and I am visiting here today with OKC marijuana defense lawyer Jacqui Ford. How are you doing Jacqui?

Jacqui Ford, Attorney: I’m doing great Anna. Thanks.

A: Awesome! We are going to wrap our little series speaking about drug possession charges by going in to a little bit of more detail about marijuana charges.

J: All right. Marijuana. Everybody’s favorite plant. Right? Marijuana’s making a big change right now in our country. We’ve got states are legalizing. There’s this big battle with the federal government as to what we’re going to do. And people ask me all the time, “What does this mean for us in Oklahoma?”  What it means for us right now is nothing. Marijuana is as illegal today as it has ever been. And I’m going to tell you that law enforcement and the prosecutions are not easing up on marijuana charges because they need the money to justify their existence. So if they can pop you with a marijuana charge they’re going to do it. In addition to that, if they can pile on any other charge on top of that, they’re likely to try to do that too.

Marijuana is a huge source of income for the state of Oklahoma. Right? The reason for that lot is a lot of people partake in it recreationally. And so, therefore, the court costs are high and prevalent. It’s a common charge for people to get. It is treated differently than every other drug, too. So, that’s why we’re talking about it separately. One of the benefits that Oklahoma law gives us with respect to marijuana is you get a one-shot to not have a felony charge with marijuana. That is assuming of course, that you have no priors. Okay? So, if you’ve never been arrested for a drug charge, and you’ve never been convicted of a drug charge, the first time you’re arrested for simple possession of marijuana is going to be treated as a misdemeanor. I want to be clear it’s simple possession. If your first-time offense they’re charging with possession with intent to distribute that’s going to be a felony every time. If you are possessing more than 25 grams, or more, of marijuana that will be trafficking in marijuana. Did I say grams? I meant 25 pounds of marijuana. Right? So, 25 pounds of marijuana is quite a bit. So, if you’re possessing anything less than that, and you don’t have other indicators, such as baggies, scales and ledgers and all that, then there’s a good chance you’re going to get charged locally.

A lot of our smaller jurisdictions, our municipalities, the city of Oklahoma City, the city of Midwest City, the city of Edmond, also have marijuana crimes that they can charge at a local level. And so, people ask me, “How do I know if it’s going to go state or it’s going to go city?” Well, it depends. It depends on a lot of things. Number one, it depends on who the arresting agency is. If it’s a city police department there’s a decent chance that your charge will be maintained in the city Municipal Court. Of course, if it’s Oklahoma Highway Patrol, a state trooper, they can only present charges to state offices. So that would go to the District Court of whatever county you’re in.

Although, it’s still a misdemeanor, and this is a good deal for people to kind of not have a permanent scar on the record for partaking in smoking something that is natural. Right? So, it’s not decriminalized. It is still a crime, and it comes a lot of times of heavy court costs. So, your first-time offense of marijuana possession could be in the city or in state. And much like the other drug crimes that we’ve talked about conviction for that, or even catching a deferred, entering a plea of any kind is going to result in having to do a drug and alcohol assessment. And any follow-up that they recommend. And we’ve talked briefly about those in the past. Briefly, that’s going to include maybe an AA meetings or NA meetings. Maybe doing a couple clean urinalysis. Pee clean a couple times. Sometimes, especially in state court and some of these municipalities, they’ll put you in outpatient substance-related abuse classes. Many of my client do those prior to entering a plea. The reason that’s important is because, just because, it’s just a misdemeanor, people oftentimes think it’s no big deal. Sometimes, their lawyers failed to tell them that just because this one was “just a misdemeanor” doesn’t mean it is always going to be just a misdemeanor. Read more

OKC Drug Crimes Attorney

OKC Drug Crimes Attorney

 

Anna Herman, host

Jacqui Ford, Attorney

A: Welcome Your Best Defense podcast. This is Anna Herman, and today I’m talking to OKC drug crimes attorney Jacqui Ford. How are you doing Jacqui?

J: I’m doing very good Anna. Thank so much.

A: Thank you. We are still kind of journeying through some of our drugs-related crimes. And we’re going to talk a little bit more in depth about the tracking level.

J: Absolutely. So, you know we’ve done a couple of other podcasts about drugs, but I think it’s important we talk about all the other drugs we deal with. Right? Marijuana’s easy. It’s very common and prevalent. We’ve already talked about cocaine and crack cocaine.

But here in Oklahoma we’re seeing a comeback of some other throwback drugs. Right? Heroin is making a big come back here in Oklahoma City. And we’ve seen a lot of people charged with possession of heroin. We’re going to talk about why I think that is. We’ve seen ecstasy. It has always been around. Ecstasy is important to talk about as well. And the good old-fashioned acid, otherwise known as LSD. And you know Oklahoma, at one point, was number one in the meth-making business. So we’ll talk about meth a little bit too. Because all of these things are important.

Much like cocaine and crack cocaine, which we’ve talked about previously, all of these drugs can be possessed simply. Meaning, you know, if I get pulled over, and I’ve got two tablets of ecstasy – that’s a simple possession of ecstasy. But what does it mean when I have greater quantities?

For the purposes of trafficking we’ve talked about it before, but it’s important to say again tracking is not what we think trafficking is. It doesn’t necessarily mean that we’re moving large quantities of drugs from state to state to state. Or, from Mexico to the United States, or Canada, or otherwise. It’s not about transportation. It’s not about massive distribution. It’s about possession.

So, with trafficking in Oklahoma every drug is defined and how much you can possess prior to being charge with trafficking is easily defined. So, I want to throw this out there so that people know. It’s important. If you’re going to possess ecstasy you will be charged with trafficking in ecstasy if you possess 30 tablets are more. Or, 10 grams of ecstasy. Right? So, 30 tablets or up to 10 grams. Ten grams can be charged as trafficking. Read more

OKC Cocaine Defense Lawyer

OKC Cocaine Defense Lawyer

Anna Herman, host

Jacqui Ford, Attorney

Anna Herman, host: Welcome to Your Best Defense podcast. My name is Anna and I’m visiting today with OKC cocaine defense lawyer Jacqui Ford. Hello!

Jacqui Ford, Attorney: Hello Anna! How are you doing today?

A: I’m good. How are you?

J: I’m fantastic! Thanks.

A: Good. We’re going to talk about a couple of things today. It’s kind of weird I always thought of the same – cocaine and crack. What’s the difference?

J: So, we have two different types of cocaine. We’ve got cocaine power. Which you kind of imagine is the drug you see on TV. They cut it up. Do it in lines. You snort it up your nose. Right? That’s cocaine powder. Crack cocaine, otherwise known as cocaine base, is cocaine powder that has been mixed and cooked, and it’s turned into a new drug. It’s hard, and it’s called rock cocaine or crack cocaine.

The reason that it matters is because Oklahoma law treats cocaine and crack cocaine very differently. So, a lot of people, like you, often times think of them as the same. They’re really not the same. So, on this first front end, simple possession of cocaine or crack cocaine is to be the same. Your range of punishment is to be the same. The possible things will happen to you with respect to how you defend those charges are likely going to be the same.

Possession with intent – same kind of thing. We’ve talked previous podcasts about possession with intent, and what that looks like. If law enforcement has come into your home, and they are executing a search warrant of some kind, and they find cocaine, and they find multiple baggies, and maybe a little digital scale, or even you know, it’s been a while, those beams Anna from science class? Those great big triple beams that you could weigh stuff on them. Triple beams – often times indicative of intent to distribute. The small little plastic things you can buy a local convenience stores, and tobacco shops or novelty shops, as I like to call them head shops. Those kinds of things are what law enforcement is looking to see if you are distributing cocaine or crack cocaine.

But where it becomes truly evident that our Oklahoma state legislature recognizes them as separate drugs, and they punish them incredibly differently, is when we’re dealing with trafficking charges. Trafficking in Oklahoma, and we’ve talked about little bit in the past, has nothing to do with what we think trafficking has to do with. Moving large quantities of drugs from one state to another, or from Mexico to the United States, or in a plane, in a car, whatever. Most people, when they think about trafficking, think about moving large quantities of drugs. Read more

Oklahoma City Drug Crimes Defense Lawyer

Oklahoma City Drug Crimes Defense Lawyer

Anna Herman, host

Jacqui Ford, Attorney

 

Anna Herman: Hello! My name is Anna. Welcome to Your Best Defense podcast. Today we are talking to Oklahoma City drug crimes defense lawyer Jacqui Ford. Hello Jacqui. How are you?

Jacqui Ford, Attorney: I’m doing great Anna. How are you doing?

A: Good! I want to talk to about some things. We’ve got different levels of possession charges out there. Let’s get right to it. If you’re arrested with drugs, we’re going to talk about the different crimes that you may be charged with.

J: Absolutely. And there are quite a few. First of all, in Oklahoma, our drug laws are governed by Title 63 of the Oklahoma statutes. Oklahoma, being right smack dab in the middle of the Bible Belt, we’re one of the reddest states in the country. Our legislation is very, very harsh. Although we don’t hold ourselves out as being a “three-strikes you’re out”-state, we are in fact, a “three-strikes you’re out.” Especially, when it comes to drug crimes. They’re prosecuted very heavily here.

So, a kind of overall view of drug crimes here in Oklahoma City, you have three different levels. Some drugs, primarily just marijuana, can often times be charged as a misdemeanor, and we’ll talk about marijuana more depth in some of our next podcasts. But removing marijuana from the conversation, and that special place that holds with misdemeanors, every other CDS, marijuana included, and cocaine and meth, and heroin, and ecstasy, and LSD, and crack cocaine, and much anything else you can imagine.

A: Prescription drugs? Read more

Oklahoma Drug Possession Laws

Every state has different rules and regulations about controlled dangerous substances (CDS). Oklahoma drug possession laws are different from most other states because Oklahoma not only considers drugs like pot, crack and meth to be a CDS, but also the ingredients used to make drugs.
Oklahoma Drug Laws

Oklahoma drug possession laws break down CDS into five categories, known as “schedules.” These five schedules rank CDS on a scale of how dangerous and addictive each CDS is known to be. Schedule I CDS are considered to be incredibly dangerous and addictive, and have no medical value.

Each schedule will carry different penalties. These penalties increase in severity, schedule V being the lowest and schedule I being the highest.

 

 

Penalties

For a first time possession of a schedule I or II CDS you could face up to a $5,000 fine and a minimum of two years in prison, with a maximum of five years. A second offense will get you a $10,000 fine and between 4-20 years in prison.

Penalties for a first time possession of a schedule III, IV, or V CDS carries a sentence of a $1,000 fine and or a year in jail. If you are convicted a seconded time you could be fined up to $5,000 and spend 2-10 years in prison.

Schools

Being caught with any CDS near a school, public park or in the presence of anyone under the age of 12 will double the jail time and fine amount of the above described sentences.

If you have been charged of possession a CDS in Oklahoma using an experienced Oklahoma drug lawyer can greatly increase your odds of getting a lesser sentence. Jacqui Ford will skillfully and aggressively represent your CDS case.

 

Oklahoma Pot Laws

Oklahoma Pot Laws

Compared to other states Oklahoma has some of the harshest penalties for drug charges. In fact, Oklahoma ranked number one on the list of 5 worst states to get busted with pot. There have been several cases in which people received extremely harsh sentences for minor pot possession.

Patricia Marilyn Spottedcrow

In 2005 a 25-year-old woman was arrested for selling $31 worth of pot to an undercover police informant. That woman, Patricia Marilyn Spottedcrow, was later sentenced to 12 years in jail and fined $2,740.

Jimmy Montgomery

In another case, Jimmy Montgomery was caught with 2 oz of pot and was originally sentenced with life in prison. His sentence was later dropped to 10 years.

Punishments for Pot

Your punishment for possession of pot in Oklahoma will mainly depend on the amount of pot you’re caught with and if it’s your first offense. If it’s your first offence will face a misdemeanor charge and up to a year in jail. For a second offense you could face felony charges with 2-10 years in jail and $5,000 in fines.

Other Drugs

In Oklahoma “controlled dangerous substances” (CDS) are categorized into “schedules.” The CDS are grouped according to the severity of the drug.

Schedule I and II include drugs like meth, cocaine and heroin. These drugs carry more severe felony penalties than pot. First offense will cost you up to $5,000 in fines and 2-5 years in jail. Second offense is 4-20 years in prison and up to $10,000 in fines.

Intent to Distribute

If the prosecution feels you were caught with enough pot to distribute, your situation just got a lot worse. In Oklahoma a possession with intent to distribute could carry a life sentence.

With such harsh penalties for drug charges in Oklahoma it is so important to contact an Oklahoma criminal defense attorney if you are arrested. Jacqui Ford has made a career fighting for her clients. If you’re facing drug charges call Jacqui and she will be with you through the entire process from start to finish.