Possession of a Controlled Substance Defense Attorney in Austin, TX
What Is Possession of a Controlled Substance in Texas?
Possession of a controlled substance in Texas is governed by Health and Safety Code Section 481. Typically POCS charges are state jail felonies for personal use amounts and become more serious in nature if more of the substance that is present. Common controlled substances are cocaine, LSD, heroin and methamphetamine. Many prescription drugs, such as Adderall and Hydrocodone are felony level POCS charges as well. The charge varies depending on which substance you have in your possession and what Health and Safety code controlled substance schedule it is on.
What Can I expect From My POCS Arrest?
Drug prosecution varies wildly among counties in Texas. For example in Travis County, drug charges are comparatively easier to deal with than in contiguous Williamson County. Many counties are willing to reduce or dismiss the charge if the defendant takes classes or enters a drug treatment program. Others are more harsh and want formal probation or jail time. A conviction for possession of a controlled substance also carries with it an automatic 180 day driver’s license suspension. If at all possible, you want to avoid taking a formal conviction for POCS to not only protect your criminal record, but your driver’s license as well.
How Do You Defend Against POCS Charges?
It varies significantly from case to case how I handle POCS charges. It largely depends on the county the defendant is charged in, the circumstances surrounding the arrest and the amount of the drug. Sometimes I can negotiate a dismissal of the charge if the client takes classes or enters a treatment program. In other circumstances I have to employ every legal defense at my disposal to keep the client out of jail and save their criminal record. I keep current on all recent search and seizure laws. Frequently police will make mistakes during drug searches, or when obtaining and executing warrants, that can ultimately make the evidence they seize inadmissible. When selecting an attorney to handle your POCS charge, it is also important to consider whether they frequently practice in the county where your case is pending. This ensures they will be familiar with any local programs that may be employed in your defense as well traditional the legal defenses. I encourage you to call and set up a free consultation if you have a pending POCS charge in Travis, Williamson, or Hays County.