jason's blog

Civil Forfeitures

Civil forfeiture is legal remedy that the State seeks against "guilty" property.  That is, if the property has been involved in a crime it can generally be seized by the State and used for the State's purposes thereafter.  They can seize drugs, money, weapons, vehicles, real estate, really the list is limitless.  You can find the list in Title 63 of the Oklahoma Statues at Section 2-503.

Incarceration in Oklahoma; Prison, Probation, Deferred Judgment

So how does incarceration for crimes in Oklahoma work? I will lay it out in a nutshell:

(1) You can be convicted and go to prison or jail for a period of time set by the Court;

(2) You can be convicted and be sentenced to prison or jail for a period of time some or all of which is set aside by the Court, and;

(3) The Court can decide not to judge you yet.

Possession of CDS with Intent to Distribute

Possession of CDS with Intent to Distribute (PWI) is a serious crime in Oklahoma. It carries significant prison time, but like all crimes the State has to prove each element of the crime in order to secure a conviction. The elements of PWI are:

First, knowing and intentional;

Second, possession;

Third, of the controlled dangerous substance of [Name of Substance, e.g. marijuana, MDMA, etc.];