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Drug charges Archive



by Edmond Geary

Prosecution fails again in science

Tainted scientific evidence used for criminal convictions has arrived wholesale in the Commonwealth of Massachusetts. The Supreme Judicial Court of Massachusetts is hearing arguments about dismissing thousands of convictions that are based on faulty work by a former chemist in the state drug laboratory. She is now serving a prison sentence of three to five…

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by Edmond Geary

The problem with proving Driving Influence of Drugs

Ten years ago in Ben Wheeler, Texas, Candice Anderson had an accident, losing control of her car and crashing it into a tree.  Her fiancé was killed in the accident.  Because she had in her system a trace quantity of the anxiety drug, Xanax, she was prosecuted for criminally negligent homicide.  Investigators could not determine…

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by Edmond Geary

Mental health help, always scarce, is getting scarcer here

Anyone who is around the criminal justice system encounters the mental health system.  All Oklahoma criminal defense attorneys need those services from time to time, especially in alcohol-related and drug-related offenses, but not limited to those charges.  Regardless of what they are charged with, clients can need mental competency evaluation, behavioral counseling or in-patient rehabilitation….

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by Edmond Geary

Search protection for citizens’ electronic privacy

Whenever police arrest someone, they routinely seize any telephone carried on the person or in the person’s vehicle.  Does the arrested person have a right to privacy in the information stored there?  Should the police be required as a predicate to such a search of establishing probable cause and secure a search warrant.  The United…

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by Edmond Geary

Not Guilty Verdict at End of Long Sports Doping Trail

The federal government has been chasing award-winning former baseball pitcher Roger Clemens since 2007 with a swarm of investigators and prosecutors.  Ninety agents worked on the case and 200 interviews were conducted.  After one jury was stopped due to a prosecution miscue that caused a mistrial, the second jury trial poured out testimony from 40…

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by Edmond Geary

Reclassifying Hydrocodone

There is a push to raise the security classification of hydrocodone.  Law enforcement claims it is the second-most abused drug and wants to make it more difficult to obtain the painkiller pill because of that abuse.  Hydrocodone is now classified as a Schedule III drug, and can be refilled up to 6 times without a…

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by Edmond Geary

Government Going After Celebrity Sports Figures

First, it was Barry Bonds.  Next, it is Rogers Clemens, and, after that, maybe Lance Armstrong.  The cost to the federal government so far, including the investigation of BALCO (Bay Area Laboratory Co-Operative), is over $50 million.  Whether it’s worth that brings different responses.   Proponents insist it is worth it for the “integrity of sports”…

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by Edmond Geary

Drug Dogs Searches in Oklahoma

Often when law enforcement officers stop a vehicle on the highway, they will use a drug dog to sniff the vehicle to establish probable cause to justify their subsequent manual search.   The reliability of that dog then becomes a fact question as to whether that search was legally justified, since the search was based upon…

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by Edmond Geary

Barry Bonds convicted, barely, finally

After an 8-year investigation, a 12-day trial with more than two dozen prosecution witnesses presented and finally 4 days of jury deliberation, the United States government finally obtained a conviction of Barry Bonds, but just barely.  The jury convicted Bonds of Obstruction of Justice but could not reach a verdict on the other three counts…

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by Edmond Geary

Supreme Court improves federal sentencing for defendants

The U.S. Supreme Court has issued an opinion that helps defendants at sentencing in federal courts. Since 1984, the sentencing powers of district judges has been limited by the Sentencing Guidelines, thanks to enactment of Congress in the Sentencing Reform Act. Most significantly, the Court in the decision styled Peppers vs. United States reversed the…

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