Multiple Oklahoma Drug Crime Trials
The Law Firm of Phillips and Bailey achieved great outcomes for our clients today in multiple drug related criminal cases. Charges of Possession of CDS (controlled dangerous substance), possession of drug paraphernalia, and public intoxication were all dismissed today in Oklahoma court.
Prescription Fraud in Oklahoma
Fraud is the misrepresentation of oneself or one's personal information for some type of personal gain--generally financial gain. Insurance fraud, bank fraud, and Medicare fraud are each types of fraud that are perpetrated for financial gain. However, another growing type of fraud in Oklahoma is prescription drug fraud. Prescription fraud may be carried out for profit as corrupt physicians sell prescriptions or as individuals sell illegally obtained prescriptions, but it may also be carried out by those suffering from addiction in an effort to obtain drugs for personal use.
What is prescription fraud? Prescription fraud refers to prescribing or obtaining prescription drugs that are not medically necessary. There are several ways in which prescriptions fraud may be perpetrated:
- Using a stolen physician's prescription pad
- Altering a legitimate prescription in order to receive an increased quantity of a prescribed drug
- Forging prescriptions
- Calling in one's own prescriptions and providing a personal number for callback information
- "Doctor shopping," or visiting several doctors to receive prescriptions unbeknownst to the other physician
Furthermore, an unscrupulous physician may sell unneeded prescriptions to "patients" looking to sell or abuse the prescription drugs.
Prescription fraud in Oklahoma is a serious concern. Some studies show that 2-4% of the national population abuses prescription drugs. The drugs most commonly purchased or abused in prescription fraud cases include Vicodin, Valium, Xanax, Oxycontin, and morphine. Benzodiazepines, such as Xanax and Valium, are often used legally to treat anxiety and also work as sedatives and muscle relaxers. Oxycontin, Vicodin, and morphine are powerful and highly addictive painkillers.
Prescription fraud is a felony drug crime in Oklahoma and may be charged as a Federal offense. Health care providers who illegally provide prescriptions may not only face jail time and fines, but they are likely to lose their licenses to practice medicine and receive sanctions by the American Medical Association.
The Oklahoma Anti-Drug Diversion Act implemented the Oklahoma Prescription Monitoring Program (PMP), overseen by the Oklahoma Bureau of Narcotics and Dangerous Drugs, in an effort to combat prescription drug abuse and prescription fraud.
If you are accused of involvement in prescription fraud, it is important that you contact an experienced Oklahoma criminal lawyer as soon as possible to help with your defense. Your attorney can thoroughly evaluate your case for the best defense strategy, whether that entails negotiating a reduced charge or sentence, defending your innocence, or challenging police procedure to demonstrate illegal search and seizure.
For more information about prescription fraud defense, call Phillips and Bailey to speak with an experienced criminal defense attorney in Oklahoma City.
Oklahoma Marijuana Cultivation is Feeling the Heat
Trying to grow marijuana in Oklahoma can have marijuana cultivators feeling the heat in more ways than one. Just ask any Oklahoma City Drug Lawyer: Oklahoma's drug laws are among the harshest in the nation, carrying stiff penalties for even simple possession charges. Marijuana cultivation in Oklahoma is a felony drug charge which, with minimum sentencing requirements, can lead to life in prison even for a first offense.
However, with this season's record temperatures and extreme drought, the legal consequences of marijuana cultivation aren't the only challenge for growers. According to the Oklahoma Bureau of Narcotics and Dangerous Drugs, most of the marijuana plants they have found during investigative fly0vers are in bad condition, withering in the blistering heat of Oklahoma's hottest recorded summer. A spokesman for the agency says that many marijuana patches have simply been abandoned, with the heat foiling attempts to keep the crop going. However, he reports that there are a few complex operations that are resulting in healthy marijuana crops. Last week, drug agents discovered a well-cultivated, thoroughly irrigated crop of 1,900 marijuana plants near Foyil in Rogers County. With the extreme temperatures and lack of rainfall, though, such well-tended crops are the exception rather than the rule this summer.
Another twist the drought has added to this year's annual aerial patrol is that once agents discover a marijuana crop, the burn ban prevents them from disposing of the contraband plants in the way they normally would. With a burn ban in effect, Oklahoma drug agents can't burn a marijuana field. Rather, they are confiscating the plants and storing them until conditions are safe for burning.
Of course, marijuana cultivation isn't the only marijuana-related drug offense. In Norman last week, Cleveland County sheriff's deputies seized $17,000 worth of marijuana in a convenience store parking lot. Two men were arrested and charged with possession with intent to distribute. Drug possession for sale in Oklahoma is a felony offense with mandatory minimum sentencing and a possible consequence of life in prison.
If you are facing charges of drug possession, marijuana cultivation, or possession with intent to sell, contact an experienced Oklahoma drug crime lawyer who can evaluate your case and explain your options for defense.
Harsh Penalites for Oklahoma Drug Crimes
Oklahoma has become notorious for its severe penalties for drug offenses including possession, manufacturing, and distribution or trafficking of illegal drugs. Even a minor drug charge, such as a first offense possession of marijuana charge, carries the possibility of a year in jail if convicted. Fortunately, in many first offense drug convictions, a skilled Oklahoma drug crime lawyer can negotiate for a deferred sentence or suspended sentence which allows the defendant to avoid incarceration if he or she successfully complies with the terms of probation.
Still, Oklahoma drug laws offer a wide range of possible sentences depending on the circumstances of the drug offense. In fact, a second conviction of marijuana possession is a felony that carries a possible sentence of 2 to 10 years in prison. Oklahoma's drug sentencing is among the harshest in the nation, with mandatory minimums and penalties that can include:
- Hundreds of thousands of dollars in fines
- Life in prison without the possibility of parole
- In parole-eligible cases, a mandatory minimum of 50% of the sentence must be served before parole
- Years of probation and drug testing
- Loss of the right to possess a firearm
Oklahoma consistently makes headlines for harsh drug penalties that seem to far outweigh the severity of the crime. Some such stories include:
- Patricia Marilyn Spottedcrow, 25 - fined $2,740 and serving 10 years in prison for a $31 drug sale to an undercover agent
- Darlene Burgess Lorenz, 49 at the time of her conviction - fined more than $120,000 and sentenced to two life terms plus 600 years for manufacturing methamphetamine and possessing firearms. Her sentence was commuted, and she was released after nine years and sentenced to 30 years of probation.
- Franklin Thompson, 25 at the time of his conviction - 60 years in prison for possession of 7 grams of crack cocaine, about $700 worth. Thompson will not be eligible for parole until he has served at least 30 years, half of his sentence. In most states, possession of that amount of crack carries only a five year sentence.
Thompson's Oklahoma drug defense lawyer, when speaking about his client's sentence and drug penalties in Oklahoma, stated, "It's kind of a knee-jerk reaction. . . . The legislators all want to appear tough on crime. But they don't think of all the ramifications." With such wide-ranging possible consequences, there is often unjust disparity in drug sentencing.
Spottedcrow and Lorenz each turned down plea agreements which would have given them a shorter sentence. Spottedcrow turned down a deal that would have given her only 2 years in prison, rather than 10, understanding that most first offenders are given suspended sentences that allow them to avoid jail. Lorenz turned down a plea bargain that would have sentenced her to 15 years, feeling that the sentence was too harsh for the crime. Instead of 15 years, a jury sentenced her to 600 years plus two life terms.
Because of the severity of Oklahoma drug laws and their legal consequences, it is imperative that those charged with drug offenses seek immediate counsel from an experienced drug crime defense lawyer in Oklahoma. An attorney can help his or her clients by protecting their constitutional rights, defending them against drug charges, disputing evidence against them, helping them to understand the implications of accepting or refusing a plea deal, and negotiating sentencing options that minimize the impact of an Oklahoma drug conviction.
Two Oklahoma Mayors Arrested in One Week
Last week saw the arrests of two Oklahoma mayors on unrelated charges. Arrested were:
- Frankie Gene Arnold, 51, mayor of Newkirk, Oklahoma, and instructor at Cowley College
- Robert Dean Smith, 49, former mayor of Eufaula, Oklahoma (Smith has resigned since his arrest).
Arnold was arrested for illegally obtaining prescription painkillers. He was charged with obtaining a controlled substance by concealment of material fact, a felony drug charge in Oklahoma. Arnold is alleged to have obtained prescriptions for hydrocodone from two different physicians, neither of whom knew about the other. Arnold is accused of having prescriptions filled over the internet and delivered to Newkirk City Hall. He allegedly also filled the hydrocodone prescriptions at local pharmacies.
Smith stepped down from his position as mayor of Eufaula after his arrest last week. Smith has been involved in a number of legal issues over the last few years. In 2008, he was arrested on complaints of failing to obey a traffic signal, transporting an open container of alcohol, and Oklahoma DUI. He pleaded guilty, which was not part of a plea agreement between his Oklahoma DUI lawyer and prosecutors, and received a one year deferred sentence. His most recent arrest came after witnesses reported the mayor had left a bar and was driving erratically. Blood alcohol tests determined his BAC to be less than 0.08, the legal limit for DUI, but significant enough to indicate that he had been drinking, which was a violation of his parole. At the time of his arrest, Smith was out on bail for a misdemeanor DUI charge and a separate felony embezzlement charge. The judge revoked bail for both cases.
The Oklahoma embezzlement charge was the result of accusations that Smith used a city credit card to buy gasoline. He has been charged with four felony counts of embezzlement by a public official. His embezzlement case is scheduled for trial in April.
Oklahoma Drug Raids Yield Multiple Arrests
Two separate drug raids and sweeps in Oklahoma resulted in the arrests of 77 people on complaints including Oklahoma drug possession, drug distribution, child endangerment, and firearm offenses. In Midwest City, officers arrested thirteen people after a year-long investigation. In Rogers County, sixty four people were arrested as a result of a multi-agency effort that targeted individuals wanted on narcotics charges.
The Midwest City drug raids were conducted at eleven locations around the city. The raids were a cooperative effort by the Midwest City Police Department, the Oklahoma City Police Department, the FBI, the U.S. Marshals Service, and Immigration and Customs Enforcement agents. These raids resulted in not only the thirteen arrests, but also the seizure of drugs, drug paraphernalia, money, guns, and four vehicles. In addition, several children were taken into protective custody by the Oklahoma Department of Human Services (DHS).
Suspects were arrested on complaints of:
- Drug possession
- Drug sales
- Drug possession with intent to distribute
- Possession of drugs in the presence of a minor child
- Possession of a firearm in the commission of a felony
In Rogers County, Oklahoma, law enforcement agents conducted warrants sweeps targeting those wanted on Oklahoma drug charges. In all, sixty four people were arrested, and thirteen children were taken into protective custody by DHS. The sweep was part of an interagency collaboration that involved officers and agents from the Rogers County Sheriff's Department; the Tulsa County Sheriff's Department; the police departments of the cities of Claremore, Inola, Vinita, and Pryor; the Oklahoma Highway Patrol (OHP); the United States Marshal's Service; and the Oklahoma Bureau of Narcotics and Dangerous Drugs.
If you have an open warrant or outstanding bench warrant, contact an Oklahoma criminal defense lawyer to take a proactive approach to handling your situation. A warrant does not just go away. Don't wait for the police to come after you or to find you during a routine traffic stop. Rather, consult an experienced attorney who can help you make the best decisions about your warrant and your impending arrest, and who can help you build a successful defense if you are charged with a crime in Oklahoma.
Parole Board Votes to Commute Sentences of Two Oklahomans
Last week, the Oklahoma Pardon and Parole Board voted to commute the sentences of two Oklahoma men convicted of separate crimes.
In the first case, the state Parole Board voted unanimously to commute Richard Sipe's 60-year-sentence for manufacturing methamphetamine to the seven years he has already served. Sipe was convicted in 2003 of aggravated manufacturing of methamphetamine in Oklahoma. His 60-year sentence on the Oklahoma drug offense was the states most severe sentence for Oklahoma drug manufacture. The Oklahoma Department of Corrections reports that, of the nine people currently serving time on a primary offense of drug manufacture, the average sentence is 24 years. Sipe was arrested along with another person in 2002. His counterpart struck a plea agreement and was sentenced to eight years and released in 2005. Sipe, who took his chances with a jury, was sentenced to 60 years for his drug offense. Sipe's Oklahoma drug defense attorney says that the Parole Board saw clearly that Sipe's sentence was extreme.
Although his aggravated manufacturing sentence has been commuted to time served, Richard Sipe will remain in prison, serving a consecutive 10-year sentence for possession of a firearm in the commission of a felony and failure to affix a tax stamp to a controlled drug.
Sentencing Begins for Oklahoma Drug Trafficking Family
Three members of a Norman, Oklahoma, family accused of selling Oxycontin from the family's heating and air conditioning business, have been sentenced to jail. Brothers Joshua Compton, Zacharry Compton, and Jeremy Compton have all received prison sentences ranging from three years to four years. Their parents, Steve and Deborah Compton, still await sentencing in the Oklahoma drug trafficking scheme.
Last year, more than 40 people were arrested in connection with a multi-county Oklahoma drug distribution ring, including the five members of the Compton family. According to a search warrant affidavit, Steve Compton, the owner of Compton's Air Quality Experts, was legally prescribed the painkiller Oxycontin, but sold the remaining, unused pills from his prescription to his son Joshua. Joshua Compton was described by a confidential informant as "the primary Oxycontin dealer in Norman." Joshua Compton told reports that his parents were not involved in the drug trafficking across Oklahoma, saying, "This is my problem, not theirs." He admitted that he handled approximately 1,000 pills each month, and that he sold $250,000 worth of oxycodone each year during the operation, which ran from 2006 until the arrests in December 2009.
Despite Joshua Compton's defense of his parents' innocence, all five Compton family members pleaded guilty to some charge connected with the drug trafficking scheme. In fact, of all the people arrested in connection with the Oxycontin ring, only one did not accept a plea agreement.
Joshua Compton, 25, was sentenced earlier this month to four years in prison. Jeremy Compton, 23, was given a three year sentence, and Zacharry Compton, 22, was sentenced to 44 months in prison. Zacharry Compton, an alleged Oxycontin addict, was also brother Joshua's primary drug runner.
Jeremy Compton was also described by his Oklahoma City drug defense lawyer as a "heavy user" of the drug. His attorney says that Jeremy has been recommended for an inmate rehabilitation program and will get credit for time served. He further explains that the smaller sentence reflects his client's "minimal role in the operation."
Another woman connected to Joshua Compton's Oxycontin ring was also sentenced early last week. Lindi Applegate, 23, received 18 months for drug offenses as an Oxyconting dealer. Court records show that in 2009, Applegate was prescribed 540 tablets of Oxycontin.
OKC Man Arrested Midwest City Pharmacy Break-in
Midwest City police arrested an Oklahoma City man in connection with a pharmacy break-in early Thanksgiving morning. Police responded to an alarm at a Midwest City pharmacy, where they saw a suspect leaving the business with a box. The suspect fled, and Justin Patterson, 23, was arrested after he crashed a stolen pickup in a brief high-speed chase. At the time of his arrest Patterson was found to be in possession of 3,000 Lortab pills. The truck he was driving at the time of the burglary and chase had been reported stolen from an area night club an hour prior to the pharmacy break-in.
Patterson was arrested on multiple criminal complaints as a result of the incident, including possession of a stolen motor vehicle, second degree burglary, possession of stolen property, larceny of a motor vehicle. He faces an additional Oklahoma possession for sale charge of possession of controlled dangerous substances with intent to distribute.
Midwest City Police Chief Brandon Clabes reports that Lortab, a painkiller, has a street value of approximately $20 per pill. He says that police are investigating the possibility that Justin Patterson is connected to another Midwest City pharmacy burglary earlier this month. Lortab was also stolen in that break-in.
Drug Case in Payne County
We were able to have 2 drug charges against our client dismissed in Payne County Court. The charges were for possession of marijuana and possession of drug paraphernalia.