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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. Possession of a Controlled Substance arrests most typically involve drug possession of Methamphetamine, Meth, Cocaine, Heroin, Mushrooms, LSD, Ecstasy, and even forms of Hash or Marijuana.
The most common POCS substances are typically Methamphetamine, Cocaine, and Heroin. Those three POCS substances make up nearly 65% of the POCS arrests in Austin and Travis County.
Possession of a Controlled Substance can also involve the unauthorized possession of prescription drugs and prescription pills. The most common 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.
What makes it illegal? Generally speaking, 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 Possession of a Controlled Substance 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.
Defenses to 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 Suppression 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 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.