Baytown, TX asked in Criminal Law for Texas

Q: My son has a pocs charge the items were found in my clothing. I do not know where it came from he wants me to take charg

He and his girlfriend were helping me move items from my home I just left an abusive relationship

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It is not true that somebody must "take" the charges. You son will only be convicted if he enters a plea of guilty or no contest, or if the prosecutor can prove every element of the offense beyond a reasonable doubt at trial. One of the element of POCS is to "knowingly or intentionally possess" the pills. If they were inside someone else's clothes, and he was moving them rather than wearing then.... well a good criminal defense attorney may help the jury find reasonable doubt as to his knowledge.

Sure, it would help if the ower of the pills steps up and claims them and says your son had no knowledge, but that is not strictly necessary if there is no external reason to believe he knew. If he was WEARING the clothes he might be toast no matter what you say. Have a private consultation with a local criminal defense attorney and stop posting facts that might identify the case on public websites.

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