Drug “Trafficking” remains the only drug crime in Oklahoma that carries with it mandatory prison time, even for the first offense. This harsh punishment is much tougher than the penalties for first-time offenders who commit even violent crimes. Indeed, armed robbers, stabbers, drive-by shooters (“Using a Vehicle to facilitate the Intentional Discharge of a Firearm), and even those who MAKE methamphetamine are eligible for probation on their first and often second offense. But beware, if it is proven beyond a reasonable doubt that you had within your “possession not-less-than:
- 1 gram of LSD
- 5 grams of “Crack” Cocaine
- 10 grams of heroin
- 10 grams or 30 tablets of Ecstasy (Methylenedioxy methamphetamine / MDMA)
- 20 grams of methamphetamine
- 20 grams of PCP (phencyclidine)
- 28 grams of powder cocaine
- 25 LBS of marijuana
You “shall not be subject to statutory provisions for suspension, deferral or probation.” Oklahoma’s Drug Trafficking law also carries additional stiff penalties such as increased time in prison, huge fines, and in some cases provisions that essentially prevent early release from incarceration, but more on that another time. The bottom line is that Drug Trafficking in whatever flavor will get you sent to prison unless your attorney is able to do some serious and successful negotiating or litigating on your behalf.
The key is that this mandatory imprisonment applies no matter if you plead guilty, go to trial and loose, or ask the judge for mercy at a “blind plea.” I remember one incident as a prosecutor that I had to remind the defense attorney of this right before his client was going to plead for mercy to the judge, not realizing that he wasn’t probation eligible. My duty of fairness caused me to speak up, and that attorney’s client was….not happy…. Please don’t let his happen to you. Hire an experienced and knowledgeable litigator that knows the law, knows your rights, and knows how to help you.