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.


What You Need To Know

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.

Second, because it's a drug related conviction, a POCS case could have an effect on Student Loans and the FAFSA application. Lastly, in some cases DPS has been suspending a person's Texas Driver's License because the POCS is drug related, causing a six month driver's license suspension.


Closely Related Offenses

Related areas to Possession of Controlled Substance (POCS) cases vary, depending on the drug. But if there is driving and using the controlled substance involved, then read about Drug DWI - Driving While Influenced.

If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.


Jail Release and Bond for Possession of a Controlled Substance

Possession of a Controlled Substance typically involves an arrested person going to jail. But luckily, an Attorney can often speed up the jail release and get a personal bond approved quickly.

Whether the personal bond is granted depends on the Judge, the person's criminal history, and other factors.

>Keep in mind that even if the Magistrate denies a personal bond shortly after arrest, and Attorney can revisit the issue and argue for a release from jail. Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.

Sometimes an officer will file arrest warrant , which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an Active Travis County Arrest Warrant.


Defenses for Possession of a Controlled Substance

There are many potential defenses to a Possession of Controlled Substance cases. First, it's important to examine to search. Many POCS cases are the result of illegal searches, which may give rise to a suppression 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 prosecutors claim it is.

If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.


Work with an Experienced Possession of a Controlled Substance Attorney

Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Possession of a Controlled Substance 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.


Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.


How We Can Help

Your goal should be Dismissal for any Possession of a Controlled Substance charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.

Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.


Benefits of Working with Keates Law Firm:

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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.



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