by Author | 08:39

Drug Possession Charges in Kay County: A Closer Look

Drug possession charges may not hold up in court if officers violated search and seizure law and/or there are not enough facts to legally establish all elements of possession.

Simple possession cases account for about 80% of the criminal drug cases in Oklahoma. Many of these prosecutions involve marijuana or prescription painkillers. Unless the defendant had a valid prescription, possession of even one joint or pill could be a serious infraction. The War on Drugs has cooled off somewhat in the 21st century, but sentences remain high for minor drug offenses.

That being said, the climate is changing. There is a movement to legalize marijuana or at least substantially expand medical marijuana laws. In fact, possession of up to 1.5 ounces may be a fine-only misdemeanor. Furthermore, many jurors agree that drug addiction triggers many of these offenses, especially possessing an illegal painkiller. Addiction is not a legal defense to possession, but it may resonate with the jury.

Fortunately, there are a number of legal defenses available. Ponca City criminal defense attorneys can use these defenses to get the charges thrown out of court or at least reduce the sentence.

Search and Seizure Issues

The Fourth Amendment prohibits unreasonable searches and seizures. Generally, these acts are per se unreasonable unless officers had a warrant, or a search warrant exception applied. Since officers generally do not bother to get search warrants in drug possession cases, a narrow search warrant exception must apply. Some common ones include:

  • Consent: Property owners, or
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by Author | 10:15

3 Steps To Take After a Work Injury

Your job is an integral part of your life for many reasons. It provides your family with a stable income, and without it, you would find yourself in a tight spot. When facing an on-the-job injury, your world may change substantially. Not only can an injury leave you laid up for a while, but it can also drain your bank account. Medical bills can overwhelm even the most financially prepared person. Workers’ compensation may help you get through the upheaval. Become familiar with these three things you should do after getting hurt at work.

1. Report the Accident

The incident that led to you getting hurt may have occurred in plain sight of your boss. As a result, you may believe they have what they need to contact the workers’ compensation carrier. While this may be partially true, you have to formally report the accident to either a supervisor or to human resources. Sit down and give the first report of injury. This document chronicles the moments leading up to and including the accident. It will serve as the basis upon which the carrier will open the claim and investigation, and may come in handy if you find yourself suing employer for injury.

2. See a Doctor

Seeking medical treatment after an injury at work is critical to filing a workers’ compensation claim. Without a medical report setting out a diagnosis and treatment plan, the insurance company will not accept the claim. You probably need help with treatment, and … Read More

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by Author | 08:51

4 Things To Do Immediately if You are Involved in a Car Accident

When you are involved in a car accident, it can be tough to think straight and determine what steps to take to ensure that you get the proper care and compensation for your injuries and damage to your car. Here are some things that you should do immediately after your accident occurs.

Stay On the Scene

If you are injured, or even if you are not, it is important that you do not leave the scene of the accident. Aside from being against the law, leaving the accident site can cause you to lose out on any insurance money needed to pay for your medical bills. Plus, it can end up costing you dearly, as the average penalty for leaving the scene of an accident typically starts at $1,000 in most states. In more severe cases, leaving the scene can add points to your driver’s license and even cost you jail time.

Call the Police

This may seem fairly basic, but even if there are no serious injuries, you should call the police as soon as your accident happens. You may need a police report in order to make a claim with your insurance. Be sure to tell the police every detail that you can recall about the accident, and ensure that the other person involved has given an accurate statement as well. If there are details you cannot remember, be honest with the police and do not fabricate any information.

Report the Accident

Once the accident is properly documented … Read More

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