Possession of CDS with Intent to Distribute (PWI) is a serious crime in Oklahoma. It carries significant prison time, but like all crimes the State has to prove each element of the crime in order to secure a conviction. The elements of PWI are:
First, knowing and intentional;
Third, of the controlled dangerous substance of [Name of Substance, e.g. marijuana, MDMA, etc.];
Fourth, with an intent to distribute [Name of Substance, e.g. marijuana, MDMA, etc.].
Lesser Offenses: A failure to prove any of these elements beyond a reasonable doubt requires the jury (or judge in a non-jury trial) to return a verdict of Not Guilty on the charge. However, sometimes a failure to prove just one element can lead to a conviction on a Lesser Included Offense. For instance, a failure to improve an intent to distribute might lead to a conviction on the Lesser Included Offense of Possession of Controlled Dangerous Substances (a misdemeanor). PWI could be a lesser included offense of Drug Trafficking (for example, if the State failed to prove that the Defendant possessed the required amount of the CDS (e.g. 25 or more pounds of marijuana, etc.).
If you are charged with any of these crimes you have a signficant problem and need the assistance of qualified counsel right away. Don't talk to anybody but your lawyer about your charges. If you don't have a lawyer call us. (405) 601-9393. Out of State clients welcome.