I-40 profiling in Oklahoma is becoming more commonplace. The legalisation and decriminalization of weed in Washington, California and Colorado has brought an influx of controlled substances right into the state of Oklahoma, therefore prompting law enforcement officials to begin unlawfully profiling on I-40. This is particularly true in the case of Colorado, where police force has been specifically aiming at cars with Colorado license plates. Police must have proper cause to pull you over, otherwise known as ‘reasonable articulable suspicion’ that you have violated the law, instead pulling someone over just because he or she “looks like they might be smoking pot,” or “has a Colorado license plate.”
I-40 Profiling in Oklahoma Penalties
I-40 profiling in Oklahoma happens frequently. As opposed to other states, Oklahoma still has some fairly serious penalties for the possession, trafficking, sale, and delivery of marijuana, which can yield strict prison sentences and fines in a state or federal court. Many factors come in when determining the penalty for a marijuana or drug crime, including: what kinds of drugs did the accused have on his/her person at the moment of arrest (what “Schedule” the drug falls under); what the quantity of the drug was; if this was the accused’s first conviction; whether children were involved; etc.
If sentenced, one must deal with a permanent criminal record, the inability to apply for government assistance(e.g., welfare or food stamps) or to receive student financial aid. Not to mention the great inconvenience you may experience getting employment later on, among a vast array of other things.
I-40 Profiling in Oklahoma Defense
I-40 profiling in Oklahoma is not really simple to prove. Producing a defense for profiling alone may be the incorrect strategy if drugs were located on your person. What is more pressing is the possibility of being convicted of possession, transportation, distribution, or a compound sentence like possession with an intent to deliver due to profiling on I-40.
If you are captured trafficking, then a lawyer could prove an absence of intent on your part, meaning you did not have the “guilty mind,” or criminal intent, necessary to perpetrate the offense. Lack of intent can result in a dismissal of the case. One angle, highly pertinent to interstate drug crime, is a Fourth Amendment violation, or the claim that police either performed the search for marijuana without a warrant or probable cause, which would suppress evidence. Fifth Amendment rights may have also been exploited by officers encroaching the defendant’s right to remain silent. But really, it depends upon how the court will charge you and what penalties you will face before your lawyer can choose a winning tactic.
I-40 Profiling in Oklahoma Defense Attorney
Are you or a family member facing a conviction for a pill crime because of I-40 profiling in Oklahoma? Such crimes are not taken lightly by the state or federal investigators and prosecutors, and must not be ignored by you either.
