Oklahoma has some of the most strict drug laws in the country, with many facing jail time for possession, distribution, and trafficking of controlled substances. However, you may also find that you can face serious penalties if you are found in possession of drug proceeds. If you or a loved one has been charged with this offense, the following blog explores what you should know about these matters and why it’s critical to connect with an Oklahoma City drug trafficking lawyer to help you navigate the charges against you.
What Warrants a Possession of Drug Proceeds Charge in OKC?
When someone is convicted of a drug crime like manufacturing or trafficking, law enforcement will likely search their property in order to collect evidence while seizing any property they suspect has been purchased using the proceeds from their drug crimes as permitted under the Uniform Controlled Dangerous Substance Act. This not only can help the police obtain evidence to help their case, but it also functions to take profit out of this crime. As such, you may find that the following property can be seized if you or a loved one have been convicted of a drug offense:
- Drug paraphernalia
- Narcotics and controlled substances
- Any records or books documenting transactions of drugs
- Equipment used to conceal or transport substances
- Any property believed to have been purchased using proceeds from funds like cars, jewelry, or clothing
- Any money found “in close proximity” to substances or paraphernalia
- Real estate believed to be purchased with drug proceeds or where the crime was committed
If you are charged with this offense you can face a felony offense that warrants a minimum of two years with the potential for up to ten years in prison. Additionally, you can incur a $50,000 fine as part of your scentence.
Are There Any Possible Defenses I Can Utilize?
First and foremost, it’s important to understand that, to convict you of possession of drug proceeds, the prosecutor responsible for handling your case must prove the different elements of the crime. If the prosecutor can show that you knowingly or intentionally received or acquired proceeds that you knew resulted from illegal activity and knowingly concealed the goods or used them, you can be convicted.
One of the most common defenses to this crime is to prove that you did not know that the goods you received were the result of drug activity. For example, if a friend pays back money they borrowed using funds connected to criminal activity, you may have no way of knowing the origins of the money. The prosecution would have to prove that you somehow knew that the money you received was the result of a crime, which can be difficult, especially if you can provide evidence to show you were unaware of these matters.
If you are facing a felony offense for possession of drug proceeds in Oklahoma, it’s imperative to take these matters seriously. A felony conviction can wreak havoc on your life, so it’s imperative to connect with an experienced criminal defense attorney from the Jones Firm, PLLC as soon as possible. Our team will examine the circumstances surrounding your case to determine the best course of action to fight the charges against you. If you or a loved one are in legal trouble, contact us today to discuss your situation with a member of our team.