Legal Question in Criminal Law in Oklahoma
Drug charges
My husband was pulled over while giving someone a ride.They were pulled over and some bags of meth and some digital scales were found in the truck and on the passengers person,but she told the police that my hysband had givin them to her when the police initiated the stop,but the stuff was all hers and he didnt even know she had it.Now they are both being charged with trafficking in illegal drugs/meth and possession of paraphernelia.My husband has never had more than some traffic tickets the passenger on the other hand has 3 prior felonies involving meth.Do you think this could help my husbands case or is there anything that he can do to prove his innocence or is it his word against hers?
1 Answer from Attorneys
Re: Drug charges
I handle these types of cases all the time. Everyone in the car gets charged even if the drugs are found on or near only one person in the car.
You husband does not have to prove he is innocent. The State must prove he is guilty beyond a reasonable doubt. It will help your husband by not having any felony convictions because if he testifies at trial, the State will not be able to bring up any prior felony convictions since he has none.
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