Drug Possession Laws in Oklahoma

Simple possession of a controlled dangerous substance (other than marijuana) is a misdemeanor punishable by up to one (1) year and a fine of up to One Thousand Dollars ($1,000.00). A second offense within ten (10) years is still a misdemeanor and the court may order a diversion program instead; a third within ten (10) years carries at least thirty (30) days in county jail; a fourth within ten (10) years is a felony (one (1) to five (5) years and up to $5,000.00), which can be reduced to a misdemeanor after a diversion program. Possessing or using drug paraphernalia is a misdemeanor punishable by up to one (1) year in county jail or a fine of up to $1,000.00 (first offense). First-time drug offenders may receive a deferred proceeding with probation; on successful completion the case is dismissed without a conviction (available only once).

Oklahoma's rule on court-appointed lawyers: The Oklahoma Indigent Defense System defends indigents in all capital and felony cases and in all misdemeanor and traffic cases punishable by incarceration (some large counties have county indigent defenders). To request representation, the person submits an application to the court clerk, signed under oath and under penalty of perjury, stating whether the person has been released on bond; if released on bond, the applicant must also state that he or she contacted three named Oklahoma-licensed attorneys and was unable to obtain counsel. The initial indigency determination is made by the Chief Judge of the judicial district or a designee under Court of Criminal Appeals rules, and posting bond may be considered but cannot be the sole factor. At judgment and sentence, the court shall order the represented person to pay costs of representation, assessed as: $150.00 for a misdemeanor guilty plea or stipulation; $250.00 for a felony guilty plea or stipulation; $500.00 for a misdemeanor jury trial; $1,000.00 for a felony jury trial; $200.00 / $300.00 for a misdemeanor / felony revocation or acceleration merit hearing; unless waived for good cause shown. 22 O.S. §§ 1355.6(A), 1355A, 1355.14

Lawyers set their own fees, and Oklahoma has rules on how they may charge. See hiring a criminal defense lawyer in Oklahoma for fee rules, how to check a lawyer's license and free help.

How release before trial works in Oklahoma: Bail by sufficient sureties shall be admitted upon all arrests in criminal cases where the offense is not punishable by death, and may be taken by persons or courts authorized by law, the court clerk, or the judge. All persons shall be bailable by sufficient sureties, except that bail may be denied for capital offenses when the proof of guilt is evident or the presumption great; violent offenses; offenses punishable by life imprisonment or life without parole; felonies where the person has two or more prior felony convictions from different transactions; controlled dangerous substance offenses with a maximum sentence of at least ten (10) years; and certain repeat DUI offenses. For the non-capital categories, the proof of guilt must be evident or the presumption great, and denial must rest on the ground that no condition of release would assure the safety of the community or any person. Rebuttable presumptions against release apply in some cases (for example, a person arrested for a violent offense while out on bond for a violent offense, shown by clear and convincing evidence). For domestic abuse and listed violent crimes, the court must assess prior patterns of abuse and make written findings on the bail amount. Each judicial district may, by order of the presiding judge, establish a pretrial bail schedule for felony or misdemeanor offenses, reviewed and published by March 1 each year; pretrial bail is set in a numerical dollar amount, courts may use pretrial release programs, and electronic monitoring may be a release condition. 22 O.S. §§ 1101, 1105.2 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Oklahoma expungement and record sealing rules.