Possession of Controlled Substances

What is Possession of a Controlled Substance - POCS?

POCS, or Possession of a Controlled Substance is a serious offense in the State of Texas. The charge depends on the drug possessed, it's classification as a controlled substance, and the weight or amount of the drug. Scroll down for a full chart based on the substance.

Defenses to POCS

There are many potential defenses to a Possession of Controlled Substance case. First, it's important to examine to search. Many POCS cases are teh result of illegal searches, which may give rise to a supression motion. Also, often times it's important to re-test the drugs for the correct weight and to make sure it's actually the drug that the prosectors claim it is.

What can I expect with a POCS?

A person charged with POCS can expect a Felony being charged, unless the POCS is a small amount of pills. Often, and especially at the Felony level for first time offenders, there will be attention given to the person's drug use and abuse patterns and history. Keates Law Firm focuses on trying to get your case dismissed or reduced. Other common outcomes can include dismissal based probation (deferred adjudication), Probation, rehabilitation or outpatient treatment, prison, or jailtime.

A conviction for a POCS or drug related offense can cause your driver's license to be suspended, and can have effects on student financial aid, since it is considered a Drug Conviction, and may have to be disclosed on FAFSA forms or private funding institutes.


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What are the Punishments for POCS?

Controlled Substances are broken down into schedules, or groupings. Of the most common drugs involved in POCS cases, are:

  • Penalty Group 1: Cocaine, Heroin, Methamphetamine, Opium, Oxycodone and some Prescription Pills
  • Penalty Group 1A: LSD
  • Penalty Group 2: Ecstasy Pills & PCP
  • Penalty Group 3 & 4: Many Prescription Pills like Xanax, Valium, Ritalin, & Drug Compounds
Controlled Substances Group 1:
Cocaine, Heroin, Methamphetamine, Opium, Oxycodone and some Prescription Pills

The following chart identifies potential punishments for POCS in Penalty Group 1. Not all drugs or enhancements / sentencing scenarios are included.

# Weight of Drug Type of Offense Punishment
1 Less than one gram State jail felony 180 days to 2 years in State Jail
2 1 gram or more, less than 4 grams Third-degree felony 2 to 10 years in a state prison
3 4 grams or more, but less than 200 grams Second-degree felony 2 to 20 years in a state prison
Controlled Substances Group 3 & 4:
Many Prescription Pills like Xanax, Valium, Ritalin, & Drug Compounds

The following chart identifies potential punishments for POCS in Penalty Group 3 & 4. Not all drugs or enhancements / sentencing scenarios are included.

# Weight of Drug Type of Offense Punishment
1 Less than 28 grams Class A misdemeanor Not more than 1 year in a county jail
2 28 grams or more, less than 200 grams Third-degree felony 2 to 10 years in a state prison
3 200 grams or more, but less than 400 grams Second-degree felony 2 to 20 years in a state prison

*** Many Prescription Pills, when charged as a POCS, can be Misdemeanors.



How We Can Help

The Keates Law Firm has over 14+ Years Experience handling criminal defense cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.



Here are some of the benefits of hiring Keates Law Firm:

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Our Track Record: Recent Keates Law Firm Results

Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.

  • Possession of Marijuana: Dismissed
  • Harassment Offense: Jury Trial: NOT GUILTY
  • Felony Possession of Marijuana/Hashish Dismissed
  • DWI 2nd (Drugs): Dismissed
  • DWI (Alcohol and Drugs): Dismissed
  • Felony Theft of Stolen Property: Dismissed
  • Assault, Bodily Injury: Jury Trial: NOT GUILTY
  • See More Results!

What Our Clients are Saying

"Robert was the best attorney I've ever had. He returned my calls, always, and talked to my family a lot. He explained the options, and even though it was up to me, he helped me come to the right decisions." -Laura C.
"Robert got my case dismissed. He did great work and I barely had to go to court for this. I wasn't sure what to expect at the beginning of the case, but once Robert took over, everything was smoothly. -Rose M.

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