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.
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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.
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.
Penalties can range from a Class B Misdemeanor, punishable by up to 180 days in jail and a fine not more than $2000, all the way up to a felony drug possession. The more controlled substance possessed, the more harsh the punishment.
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 stop and the search are found to be valid, then there's the question of whether the 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, which will be examined by your Lawyer. 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.
A Lawyer is able to use the law and the facts of you case to your advantage -- which could be the difference between your case getting possibly dismissed, or sustaining a convuction. With 10+ Years Experience, Lawyer Robert Keates knows the law. He has been practicing law for over 10 years. He has been a criminal defense lawyer for all of that time. As should any crininal defense lawyer, Robert Keates provides Free Consultations by phone, at 512-800-3741.
A Lawyer looks at the potential strength of your ticket or case, and a lawyer researches legal issues, such as illegal searches, procedure, and motions. A lawyer can protect your rights by setting supression hearings, or arguing the facts of your case directly to the prosecuting lawyer (or Judge) . Plus, a lawyer can typically go to court for you, rather than you missing work or school. Often, Lawyer Fees end up often being cheaper than paying the fine, going to court, missing work, paying for parking, court costs, surcharges, etc... It's always a wise decision to speak with a lawyer BEFORE going to Court.
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