J. Patrick Quillian, P.C.Trusted Oklahoma City Criminal Law Attorney | J. Patrick Quillian, P.C.2025-07-15T09:17:51Zhttps://www.oklahomacitylegalgroup.com/feed/atom/WordPressOn Behalf of J. Patrick Quillian, P.C.<![CDATA[How drug possession could turn to possession with intent charges]]>https://www.oklahomacitylegalgroup.com/?p=504752023-11-08T20:39:43Z2023-11-08T20:39:02ZPossession with intent to distribute is typically a felony offense that carries far worse consequences than simple possession charges.
Why would Oklahoma prosecutors claim that someone had the intent to distribute drugs that the defendant claims were for personal use?
Prosecutors want people to plead guilty
Only a tiny fraction of criminal cases in Oklahoma go to trial each year. The vast majority of criminal cases result in a guilty plea. People want to avoid a trial by any means necessary. Prosecutors often push people into pleading guilty by bringing multiple charges over a single offense. They may also try to pursue the most severe charges possible given the circumstances.
Relying on tiny details to develop a claim that someone intended to distribute drugs is a common tactic. Sometimes, the factor that leads to harsher charges is the paraphernalia that police officers find when arresting someone. Scales, individual packages and unused consumption tools can all make it seem like someone may have intended to distribute the drugs to other people.
Other times, it may be the overall amount of drugs that police officers find or the variety of different drugs in someone's possession. The greater the overall weight and variety of drugs involved in a case, the easier it would be for a prosecutor to allege that someone had those drugs for other people and not for themselves.
Finally, someone's criminal history and social habits can contribute to the state's case. Maybe they have visitors to their homes frequently, or perhaps they have ties with others affiliated with the drug trade. Their social habits can appear suspect to the courts in such scenarios and may seemingly justify harsher charges. Other times, it may be a history of involvement with drugs, including prior distribution offenses, that leads to prosecutors believing someone intended to sell the drugs in their possession.
Someone who pleads guilty to Oklahoma drug offenses puts themselves at the mercy of the courts. Mounting a rigorous defense often requires learning more about state law and evaluating the state’s evidence with the assistance of a skilled attorney to more effectively manage the risks at hand.]]>On Behalf of J. Patrick Quillian, P.C.<![CDATA[How is embezzlement different than other types of theft?]]>https://www.oklahomacitylegalgroup.com/?p=504692023-10-29T20:18:08Z2023-10-29T20:18:08ZIn some ways, both embezzlement and theft are similar. They both involve a person taking money or assets that they are not supposed to take or use. Both are illegal and can result in criminal charges.
But there are also some major differences between the two. One of the biggest is that embezzlement is generally the misappropriation of funds, rather than direct theft. The person was given those funds and entrusted with them for a reason, but they used them for another purpose or used them improperly, which is a crime.
An example of what this looks like
For instance, imagine that someone enters a business that has a cash register at the front. They open the cash register, take money out of the drawer and then flee before the police officers arrive. They were never supposed to have access to that money in the first place, so this is just a classic example of theft.But with embezzlement, a company employee may be granted access to use bank accounts in the company’s name. Maybe they need to make purchases from suppliers or transfer money to other businesses. Perhaps this person is in charge of the financial records, so they need access to these accounts as they maintain those records.Rather than directly stealing money that they were never supposed to have, this person starts transferring the money in ways that are prohibited. Rather than buying supplies, they transfer the money to their personal bank account. They then doctor the records so that it doesn’t look like they took those funds. Embezzlement relies much more on deceit and hiding the action, whereas theft is generally very obvious.For those who are facing these types of serious criminal accusations, it’s important to understand all potential legal defense options.]]>On Behalf of J. Patrick Quillian, P.C.<![CDATA[What is false personation?]]>https://www.oklahomacitylegalgroup.com/?p=504652023-10-18T19:41:22Z2023-10-18T19:41:22ZIdentity theft comes in many forms under the law. As technology has become more sophisticated, the number of ways to “steal” someone’s identity and use it for fraudulent or other illegal activity has increased.
One form of identity theft is known as “false personation.” Oklahoma law states that someone who “falsely personates another, and in such assumed character receives any money or property, that knowing it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person who is not entitled thereto” has committed false personation.
Potential penalties vary based on the value of the assets involved
The penalty for this offense depends on the amount of money or value of the property or other assets involved. For example, if that value is under $1,000, it’s a misdemeanor. A person who’s convicted can still face prison time and a fine.If the amount is $1,000 or more, it’s a felony offense. The severity of the consequences increases based on the dollar value. Potential prison time can be as long as eight years if it’s $15,000 or above and as much as a $10,000 fine.
Elements of false personation
The state’s jury instructions explain the elements of the offense that prosecutors must prove to convict a person of false personation. These include falsely and intentionally assuming someone else’s identity in a “written instrument,” presenting it as accurate or “true” and receiving assets or other benefits as a result of that impersonation.If someone assumes another person’s identity and makes that person liable (for example, purchasing something with that person’s credit card information), that’s also an example of false personation. Another example of this kind of false personation would be if someone commits a crime using another person’s identity, leaving them subject to prosecution.If you find yourself facing charges for this crime, it’s important to understand the law. Having experienced legal guidance can help you protect your rights and determine the best course of action based on your individual case.
]]>On Behalf of J. Patrick Quillian, P.C.<![CDATA[Common examples of money laundering ]]>https://www.oklahomacitylegalgroup.com/?p=504632023-10-04T16:19:20Z2023-10-04T16:19:20ZYou may have heard the term money laundering before and not given it much more thought. The truth is that money laundering is a form of white-collar crime used to make unlawful money look legitimate.
Money laundering can be applied in various ways, but the principle of making dirty money clean is always the key factor. Outlined below are some of the more common examples of money laundering.
Using real estate to launder money
Traditionally, using real estate to launder money has been one of the most popular methods. Although regulations in this area are tightening, this is still one of the more common methods of money laundering. Often, a buyer purchases the real estate with illegitimate funds, waits for a period of time, and then sells the property to recuperate clean money.
Using cash businesses
Another common form of money laundering involves cash businesses. Businesses such as restaurants tend to deal in a lot of cash each week. The cash is taken in and reported and can be taken out again. Laundered money can be mixed in with the legitimate cash of paying customers to make it look like all of the proceeds are legitimate. If you deal with large sums of cash each day, then it’s likely that your actions may come under scrutiny. You may know that you’re not doing anything illegal, but that doesn’t mean law enforcement won't take an active interest. Facing accusations of money laundering is serious. But, it’s important to remember that accusations alone do not mean wrongdoing. To protect your rights and your freedom, it will benefit you to seek legal guidance. ]]>On Behalf of J. Patrick Quillian, P.C.<![CDATA[OK authorities are cracking down on illegal grow sites]]>https://www.oklahomacitylegalgroup.com/?p=504602023-09-18T20:02:55Z2023-09-18T20:02:55ZIt’s estimated that Oklahoma marijuana farms are producing 64 times more product than there is (legal) demand for the goods within this state. (In fact, there’s one commercial grow operation here for every 56 people who have a medical marijuana card.)Where is all that cannabis going? Well, some of it is undoubtedly being diverted to recreational use locally, but that’s only part of the picture. According to the spokesperson for the state Bureau of Narcotics and Dangerous Drugs, “We’ve been told that we are now the number-one supplier of black market marijuana in the country.” Oklahoma-grown cannabis products have been traced to nearly every state in the union.
Why is this happening?
Part of it stems from the fact that – even though attitudes about the use of marijuana have changed drastically – the drug still isn’t legal everywhere. Only 23 states allow the recreational use of the drug for adults. That means more than half the country can’t access the drug legally unless they meet their state’s requirements for a medical marijuana card, and some states are still incredibly restrictive. The underground market in those states for cannabis is huge.Oklahoma weed can even find a market in states where marijuana is legalized, however. Many of those states have tight regulations for growers, costly license fees and high taxes. That drives the price of cannabis products up so high that people still find it cheaper to buy the drug illegally – and growers here are happy to provide an alternative.Growers need to take note: Even if an operation is entirely above-board, it could be under intense scrutiny in the coming year or so. The Bureau of Narcotics has already shut down close to 1,000 operations – but another 3,000 may be under scrutiny. Many of these include operations that appear to be legitimate on paper. In the rush to put a stop to the problem, it’s entirely possible that innocent growers with honest businesses will be caught up in investigations and face charges.]]>On Behalf of J. Patrick Quillian, P.C.<![CDATA[What you don’t know about street drugs could escalate potential drug charges]]>https://www.oklahomacitylegalgroup.com/?p=504592023-09-18T12:38:32Z2023-09-18T12:38:32ZState officials warn of fentanyl contamination
Fentanyl is a very powerful opioid drug that has flooded the unregulated market in recent years. Not only is there major demand for fentanyl itself, but researchers have also found fentanyl contamination in all kinds of other drugs. Pills, powders and even smokable substances may sometimes have a little fentanyl mixed in to make them more potent or possibly less expensive for the person manufacturing or distributing the drugs. Fentanyl is everywhere in Oklahoma, and laboratories readily test for its presence in most seized drugs.
Someone who purchased another drug may not even realize that there is fentanyl in the drug they purchased. However, the presence of fentanyl could very well worsen the penalties that they face if they plead guilty or get convicted. The state will treat a mixture of drugs including fentanyl the same way that they would treat pure fentanyl.
Someone might therefore face far more severe penalties because the fentanyl contaminating their drugs is a higher schedule and therefore carries a worse penalty than the substance they intended to purchase and use. Those recently arrested for a drug offense and surprised by the severity of the charges that they face or the possible penalties sought by the prosecutor may eventually discover that fentanyl contamination is the factor complicating their criminal case.
Understanding current trends in the unregulated drug market may help people avoid illness and particularly serious criminal prosecution.]]>On Behalf of J. Patrick Quillian, P.C.<![CDATA[Is eyewitness testimony reliable?]]>https://www.oklahomacitylegalgroup.com/?p=504572023-08-30T18:43:11Z2023-08-30T18:43:11ZYour memory probably feels like a video camera. If someone asks you what you did during the day or what you ate for your last meal, you can think back on those events. You feel like you remember them flawlessly because they happened to you, so your brain recorded the memories.
But this is a mistake. It’s true that digital recording devices and modern technology can make flawless recordings, but people should not assume that the human brain works the same way. It is not like a video camera. The things that people remember may seem very real to them, but they can be entirely inaccurate.
Memories can actually change
For one thing, did you know that memory can change every time you recall it? It’s possible for someone to add in new details.For example, perhaps someone witnessed a bank robbery. They were very focused on the weapon that was being used, so they didn’t remember the person’s face. Then, they see a news report claiming that the individual had a beard. The next time that they talk about the bank robbery, they “remember” the beard. As they tell the story repeatedly, they become very convinced that the beard itself is part of their memory, even though they never noticed it when the event actually happened. This is part of the reason why inaccurate testimonies happen in most wrongful conviction cases.
Defending against criminal allegations
If you’ve been accused of criminal activity, it’s important to remember that even an eyewitness who sounds like they are being honest could still be wrong. Be sure you understand all of the legal options at your disposal.]]>On Behalf of J. Patrick Quillian, P.C.<![CDATA[How legal acts can become crimes in a conspiracy]]>https://www.oklahomacitylegalgroup.com/?p=504552023-08-23T14:55:04Z2023-08-23T14:55:04ZThere’s been a lot of coverage in the news lately about crimes involving conspiracy on both the state and federal levels. So, now is a good time to review how legal acts can get one into trouble and charged with the crime of conspiracy here in Oklahoma.It can be hard to comprehend how perfectly legal acts can be construed as illegal components of a conspiracy, or how those who took no actions whatsoever can get roped into the cattle call of conspiracy arrests in a drug bust or other crime. Let’s unpack some of those issues.
Otherwise legal overt actions
Buying a movie ticket is certainly legal, right? But suppose the one purchasing the tickets is there not to see the new Marvel superhero on the big screen. Instead, they are there to scout out the premises, determining where the exits are and whether there are any security guards working there. They are doing this because one or more of their cohorts plans to rob the box office the following night.In this case, a conspiracy exists between the ticket buyer and those planning on doing the actual heist. Thus, the perfectly legal act of purchasing a movie ticket and observing what goes on inside the theatre becomes an illegal overt act in furtherance of a conspiracy.
All for one, one for all
Under the Oklahoma Statutes §21-421, evidence from any statements or confessions made by one conspirator can be used against all of them in a trial. This is where a lot of those accused get forced into untenable legal positions where they don’t know which way to turn to avoid conviction.If you face arrest on a conspiracy charge, it’s always best to get ahead of the situation whenever possible. Learning about your legal options can help you mount a stalwart defense against these serious charges.]]>On Behalf of J. Patrick Quillian, P.C.<![CDATA[Criminal defendants: Are you being watched?]]>https://www.oklahomacitylegalgroup.com/?p=504522023-08-02T17:07:33Z2023-08-02T17:07:33ZIf you have been accused of criminal wrongdoing, you may be feeling pretty paranoid at the moment. That’s understandable, as your decisions are currently being scrutinized by the government and you’re at risk of incurring any number of consequences as a result of your alleged behavior in the event of your conviction.
It’s important to remain calm and clear-headed as your case unfolds. Doing so will help you to make thoughtful decisions that could strengthen your case and avoid missteps that could weaken your defense. With that said, you should also use that pit of paranoia in your stomach to your advantage too. By behaving as if you’re being watched, you just might tread carefully enough that you act consistently in ways that support your best interests during this consequential time.
Communication of all kinds
There are any number of things that you could do between this moment and when your case is resolved one way or another to influence its outcome. From contacting someone who has secured an order of protection against you to exploring your legal options, your actions now have consequences.Among the best ways to use your everyday choices to your advantage right now involves how you choose to communicate with others. It’s difficult for prosecutors to get hold of text messages and email messages without a subpoena, for example. But, it’s not impossible. So be very careful with what you type. Even more importantly, be careful with what you post. Social media platforms are public and can – and frequently are – searched with ease, regardless of how high your privacy settings are enabled. In short? Prosecutors may or may not be watching you in various ways. But by acting as if they are, you just might behave in ways that strengthen your position and avoid ways that don’t serve your interests. ]]>On Behalf of J. Patrick Quillian, P.C.<![CDATA[Can police arrest a driver for drugs hidden in their vehicle?]]>https://www.oklahomacitylegalgroup.com/?p=504502023-07-18T02:32:24Z2023-07-18T02:32:24ZThe circumstances determine the risks for the motorist
The simplest possession cases often involve an individual who has a prohibited or controlled substance directly in their possession. When the police find methamphetamine, for example, in someone's pockets or purse, then putting together a criminal case against that individual for possession will be a straightforward process.
However, some people face charges simply because they are close to the drugs that police officers find even though the drugs are not in their immediate possession. The legal term for this scenario is constructive possession. The state will try to convince the courts that the person arrested was aware of the presence of the drugs and effectively had control over them. Oftentimes, the owner or operator of the vehicle will be the one facing charges even if they claim they were unaware of the presence of the drugs.
How might a motorist fight constructive possession claims?
A careful evaluation of the circumstances at the time of someone's arrest is often necessary to put together a defense strategy for an individual facing drug charges based on constructive possession. Perhaps they frequently transport other people in their vehicle, and fingerprints on the drug packaging indicate that someone else handled the items. Maybe what police officers found was in such an unusual or hidden location that the motorist had no awareness of its presence.
Those facing charges will often need to look over the state's evidence carefully with an attorney and then plan a defense strategy accordingly. Undermining claims of constructive possession may be a useful defense strategy for someone who has been accused of a drug crime in Oklahoma.]]>