How is Possession Defined?
Today we’re gonna talk about possession in Oklahoma.
Possession is usually charged in connection with drug or firearms cases. I often get calls where the person says that, “Well, they charged everyone in the car with the dope. It wasn’t mine. It was found behind the other guy’s seat. They can’t do that.”
Well, they do. As for whether or not they can convict everyone in the car, it depends. It is possible for more than one person in the car to constructively possess or jointly possess some item of contraband.
Who Gets Charged With Possession?
The two basic elements of possession in Oklahoma are: 1) knowledge that the contraband is there, and 2) control over said contraband.
As for who gets charged – it depends on the circumstances. Sometimes there is a driver that obviously is exercising some control over the dope in the car because they’re driving it around, but it might actually be closer to or on the person of the passenger who may be the drug dealer. Under those circumstances, both people can be charged.
Often they will charge everyone in the car when it’s unclear who really owns the property. And they do that to try to flush out information about who is really the one that is selling the dope or transporting the firearm to see who is it that they should really be focusing on.
And so obviously, the lesson here is that you need to be careful of who you’re in a vehicle with. You need to have some idea what they’re up to and what they’re doing. Because if they are doing something that is criminal and you are stopped or they are searched, then you could be in jeopardy for things that they are doing, whether or not you completely understand what they’re up to or not.
If you are stopped, searched, it’s always important to exercise your right to remain silent, be cooperative and polite with the officer. Cooperation does not include consenting to search. If you get into this situation you need to contact an attorney at your first opportunity.
Consultation With a Bartlesville Defense Attorney
If you ever find yourself charged with possession in Oklahoma, you need to contact a criminal defense attorney right away.
If you would like a confidential strategy consultation with a Bartlesville, Oklahoma criminal defense attorney, contact Wirth Law Office – Bartlesville today. You can do this by calling us at (918) 213-0950, our toll-free number at (888) 947-8452, emailing us at firm@bartlesvilleattorney.com, or simply by submitting the question form at the top right of this page. One of our criminal defense lawyers in Bartlesville will get back to you as soon as possible.
