POSS CS PG1 1-4G Explained | San Antonio Drug Possession Attorney

POSS CS PG 1-4: San Antonio Drug Possession Lawyer

Attorney Genaro R. Cortez is a San Antonio drug possession lawyer who defends people charged with possessing 1-4 grams of cocaine, meth, heroin, fentanyl, ecstasy, or other controlled substances. If you are facing this type of charge, then call 210-733-7575.

This page explains what POSS CS PG1 1-4G means, how much jail time you could face, whether you can get probation, and how a San Antonio criminal defense attorney can help you fight your charge.

What does POSS CS PG1 1-4G mean in Texas? San Antonio Criminal Defense Lawyer Explains.

“POSS CS PG1 1-4G” or “POCS 1-4 G” means possession of a controlled substance in Penalty Group 1 in the amount of 1 to 4 grams. The drug quantity, between 1-4 grams, makes this a third degree felony in Texas. The penalty is between 2 to 10 years in jail and a fine of up to $10,000.00. See Tex. Health & Safety Code Ann. § 481.115.

It is also a simple drug possession crime because the low quantity means it is for personal use rather than for an intent to deliver. This key fact gives anyone charged with POSS CS PG1 1-4G in San Antonio several options to avoid a felony drug conviction.

How does the Texas Controlled Substances Act work in San Antonio, Texas?

The Texas Controlled Substances Act (TCSA) creates two crimes. First, it makes it a crime to deal drugs. Second, it makes it a crime to possess drugs without a valid doctor’s prescription. As a result, the TCSA provides different penalties for drug dealers and drug users. Notably, the penalties are tied to two facts: the drug type and drug amount.

In addition, the TCSA lists four penalty groups (PGs) for drugs. And each group has its own list of drugs. For example, cocaine and heroin are in PG-1. Fentanyl is in PG1-B. And ecstasy (MDMA or Molly) is in PG-2.

Finally, possession of cocaine, methamphetamine, heroin, fentanyl, and ecstasy are the five most common simple-drug possession crimes we see prosecutors file at the Cadena-Reeves Justice Center in Bexar County.

What are the TCSA Penalty Group Tiers?

Within each penalty group, the TCSA sets different penalty tiers based on the weight of the drugs. The most common tiers for possession of a controlled substance are:

• Less than a gram (state-jail felony)
• 1-4 grams (third-degree felony)
• 4-200 grams (second-degree felony)
• 200 grams or more (first-degree felony or enhanced first-degree felony)

In sum, the drug amount and penalty group will determine your felony degree and possible jail time for your case.

How to decode your Bexar County Paperwork after a POCS Arrest.

The paperwork the Bexar County Magistrate Office gives you will contain the following shorthand descriptions: “POSS CS PG 1 1-4G” or “POSS CS PG 1/1-B=1G>4G.” This means police allegedly caught you with a drug listed in either penalty group 1 or 1-B. It also means the drug quantity is between 1-4 grams.

You may also see the following codes on your paperwork: “FS,” “3F,” “2F,” “1F,” “Enh,” or “Hab.” This tells you the charge level or range of punishment for your crime:

• FS is a state-jail felony
• 3F is a third-degree felony
• 2F is a second-degree felony
• 1F is a first-degree felony
• Enh means your penalty is enhanced
• Hab means you are a habitual offender

This is an important point because sometimes even a simple-drug possession crime in San Antonio can become more serious if you have a prior record. Always check with your attorney if you have questions about your range of punishment.

How do prosecutors prove you were in “possession” of drugs in Texas?

The TCSA defines “possession” as “actual care, custody, control, or management.” Also, Texas case law adds a helpful explanation to this definition.

According to Evans v. State, possession means having both knowledge and control. In other words, the person must know about the drugs and have control over the drugs. If both of these facts are true, then the person is in possession of the drugs.

Equally important, this law protects people who maybe at the wrong place at the wrong time. This happens when a person is a passenger in a car with other people who have drugs. Or it can happen when someone’s roommate has drugs in a house or apartment they share.

In these cases, it is not enough that the person was in the same place as the drugs. On the contrary. The State must show the person knew the drugs were in the car or house, and that he had control over the drugs.

What are defenses to a Drug Possession Charge in San Antonio, Texas?

Defense attorneys ask two questions in every drug possession crime in Bexar County:

1. How did the police find the drugs?
2. How did the police connect you to the drugs?

The answers to both of these questions will shape your defense.

A. Fourth Amendment Defense

Police generally need probable cause to search your person, home, car, or personal effects. If they do not have probable cause and no other Fourth Amendment exception applies, then we will file a motion to suppress the search that uncovered the drugs because it violated your Fourth Amendment right to be free from unreasonable searches and seizures.

B. No Link between the drugs and the defendant.

Next, we look to see if prosecutors can connect the drugs to the client. As the Evans case above shows, prosecutors must show the defendant knew about the drugs and had control over them–either directly or indirectly. This is not always clear in drug possession crimes.

Further, this becomes a paramount issue when police find drugs in a car with multiple passengers or at a party with multiple guests. Even if the person is aware the car or the home has drugs, they are not in possession if they do not have control over the drugs. In sum, we review the facts in every case to see how or if prosecutors can legally connect the person to the drugs.

C. Miranda Violations

Police must read you your Miranda rights before they interrogate you while you are in police custody. This is a common issue because it is not always clear when police place you in custody. This is why we review the body and dash camera videos with every client. This helps us develop a timeline of what questions police asked you and when. This sequence of events will tell us if police conducted a custodial interrogation without reading you your rights. If they did, anything you say–whether inculpatory or exculpatory–should be excluded as a Miranda violation.

What are examples of drugs in Penalty Group 1 (PG-1)?

The following are PG-1 drugs:

• Heroin;
• Morphine;
• PCP or Angel Dust;
• Percocet;
• Hydrocodone;
• Oxycontin;
• Rohypnol;
• Cocaine;
• Ketamine; and
• Fentanyl (listed under PG-1B).

What are the penalties for possession of a controlled substance PG-1?

What does “POSS C.S. PG 2” mean in Texas?

“POSS C.S. PG 2” or “POCS PG2” are shorthand references to Tex. Health & Safety Code Ann. § 481.116. It means “possession of a controlled substance in penalty group 2.”

What are examples drugs on the PG-2 list?

The following are drugs on the penalty group 2 (PG-2) list:

• Amphetamines;
• Ecstasy or Molly;
• Tetrahydrocannabinols;
• Bath salts;
• Ludes; and
• M-Cat (Mephedrone).

How much jail time can I get for Possession of a Controlled Substance PG-2?

What is simple drug possession in Texas?

Simple drug possession means getting caught with a small amount of drugs for personal use. This is usually less than a gram or between 1-4 grams of a drug. And simple possession is perhaps the most common drug crime in Texas. The majority of drug cases in state court are for low-level drug amounts.

In short, getting caught with a small amount of cocaine, meth, heroin, oxy, or percocet are simple drug possession cases.

Is simple possession of a controlled substance a felony in Texas?

Yes, if the drugs are in Penalty Group 1, 1-B, or 2.

This will be the case even if a person has .25 grams grams of heroin, cocaine, or meth. However, some prosecutors will not go after these ultra low-level drug offenders. Instead, they will dismiss the charges.

Will I go to jail for a first-time simple drug possession case in San Antonio, Texas?

No if the drug quantity is less than a gram. Similarly, if the person has a clean record and between 1-4 grams of a controlled substance, the person will likely qualify for probation. In fact, prosecutors in Bexar County, Texas often work with defendants to help them avoid going to jail on low-level simple possession cases.

To explain, Texas law requires a judge to give first-time drug offenders probation for the following cases:

• Tex. Health & Safety Code Ann. § 481.115 (b) (less than a gram of cocaine, heroin, or meth);
• Tex. Health & Safety Code Ann. § 481.1151 (b) (1);
• Tex. Health & Safety Code Ann. § 481.116 (b) (less than a gram of any drug in PG 2);
• Tex. Health & Safety Code Ann. § 481.121 (b) (3); or
• Tex. Health & Safety Code Ann. § 481.129 (g) (1).

But there are some limitations on this list. You can find them in Tex. Crim. Proc. Code Ann. § 42A.551(b).

The bottom line is that most first-time offenders with a simple possession case will be eligible for probation in San Antonio, Texas. This includes people arrested for less than a gram of cocaine, meth, or heroin.

Can I get pretrial diversion for a simple felony possession case in Bexar County, Texas?

Yes, but this option is not automatic.

First-time low level drug offenders are eligible for the pretrial diversion program. If the State accepts the person into the program, then the State will dismiss the charges. In return, when the person completes the program, then the State will agree to expunge that person’s record.

This is a great option for people who may lose a job or not get hired if they have a drug conviction on their record.

What should I expect while I am on probation for a drug case in San Antonio, Texas?

Probation for drug cases in San Antonio, Texas include the following conditions:

1. Report to a Bexar County probation officer;
2. Pay fines and court costs;
3. Complete community service hours;
4. Get tested for drugs while on probation;
5. Complete drug classes;
6. Attend NA or AA meetings; and
7. Not commit any new crimes.

If you can follow these terms and conditions, then the judge will close your case and you do not go to jail. However, if you break these rules, then the judge can either keep you on probation or send you to jail.

San Antonio Drug Possession Attorney for 1-4 Gram Cases

Possession of a controlled substance in the 1-4 gram range presents unique challenges and opportunities for clients. They are serious crimes because they can lead to a felony conviction and between 2 to 10 years in prison. However, anyone facing this charge also has the possibility of working these cases out to avoid both jail time or a conviction.

Attorney Genaro R. Cortez handles state and federal drug possession cases at every level in San Antonio and Bexar County, Texas. He knows the law and understands how local courts operate. Most important of all, he will develop a defense strategy that is tailored to your situation.

Contact Attorney Genaro R. Cortez: 210-733-7575

If police arrest you or a loved one for a drug possession crime in San Antonio, Texas–whether it involves less than a gram, 1-4 grams, or any other amount–contact us online or call the Law Office of Genaro R. Cortez, PLLC for a free case evaluation.