POCS - POSSESSION OF CONTROLLED SUBSTANCES LAWYER

What is it? POCS is the commonly used abbreviation for Possession of a Controlled Substance. Austin POCS arrests can stem from any of the Controlled Substances enumerated in the Austin Texas Heath & Safety Code. POCS and POCS arrests most typically involve drug possession of Methamphetamine, Meth, Cocaine, Heroin, Mushrooms, LSD, Ecxtasy, and even forms of Hash or Marijuana.

Austin POCS can also involve the unauthorized possession of prescription drugs and prescription pills. The most common Austin POCS arrests in Austin are for Possession of: Dilaudid, Lorcet, Lortab, POCS OxyContin, POCS Percocet, POCS Percodan, Tylox, POCS Vicodin, Librium, Valium, POCS Xanax, Adderall, Concerta, and Ritalin.

The most common POCS substances are typically Methamphetamine, Cocaine, and Heroin. Those three Austin POCS substances make up nearly 65% of the Austin POCS arrests in Austin and Travis County.

What makes it illegal? Generally speaking, Austin POCS and Drug Possession is illegal when a person knowingly or intentionally possesses a usable quantity of an illegal drug. An illegal drug for Austin POCS purposes, is any of the Controlled Substances enumerated in the Austin Texas Heath & Safety Code.

What are the Austin Punishments? Each drug has different punishments and consequences attached, depending on the amounts and circumstances under which the arrest occurred.Punishments depend on the Drug and the Amount. See Below, although this is not a complete list:

Austin Cocaine, Heroin, Methamphetamine, Opium,  Oxycodone & some Prescription Pills
Weight of Drug	Type of Offense	Austin Punishment
Less than one gram	State jail felony	180 days to 2 years in a state jail
1 gram or more, less than 4 grams	Third-degree felony	2 to 10 years in a state prison
4 grams or more, but less than 200 grams	Second-degree felony	2 to 20 years  in a state prison
200 grams or more, but less than 400 grams	First-degree felony	5 to 99 years  in a state prison
400 grams or more	Enhanced first-degree felony	10 to 99 years in a state prison

Defenses to Austin POCS? Many defenses may be present in any given Austin POCS arrest and Austin POCS case. First, the initial stop and detention by the officer may be invalid. Next, there are inquiries to be made of the search, and whether the POCS was valid based on a legal or unlawful search. Probable cause determinations play a large role in the Supression of Evidence for Austin POCS cases.

If the Austin stop and the search are found to be valid, then there's the question of whether the Austin POCS is in a useable quantity, and whether the POCS is actually an illicit controlled substance.

Lastly, there is the question of intent. For POCS, there needs to be an intent to possess the drug. That means, if your buddy has POCS Cocaine, which is found in his car or his pocket, the Prosecutor would need to prove to the jury, beyond a reasonable doubt, that you not only knew of the POCS's presence, but also that you intended to possess or exert control over the POCS. While the argument of joint possessions (POCS between two people or more) may work when the Austin POCS is out in the open, such as an apartment, it is far more difficult to prove when the POCS is concealed on another person.

 

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