husband going to be served more time for charge due to past criminal record

[srgarcia91204]

My husband has a current charge of possesion of controlled substance less then one gram. it is a state jail felony and time for it is suppose to be 6 months to 2 years and lawyer can request probation. well based on his previous criminal history the judge wants to give 15 years! it doesnt seem right, he has already served and paid for his past crimes, it's like getting repunished. People keep telling me they can't do that. Can they? I need proof that they can't, I have been searching but not getting anywhere close on the issue.

[srgarcia91204]

ok i just found the texas penal code website and it is looking like they can give him more time, if they actually want to, the question is now can they give that much more? I'm doing my research.

[srgarcia91204]

ok now i have found out that because he has a past felony (which is over 10 years ago) he shall be punished for a 2nd degree felony which is 2-20 years. A state jail felony can not receive probation but a 2nd degree can,

so can my husband get probation?


that is the question now.

I believe he can yes. But you need to get a lawyer on this ASAP and have the lawyer try to negotiate some solution.

The DA is not going to deal as easily with you and your spouse. And you will not have all the technical knowledge needed to resolve this at this point. This is a serious situation given the past record.

[srgarcia91204]

he has a court appointed lawyer that is not putting forth any effort. i have been up the past two days doing all sorts of research and now i have any discovered that he can't be charged of 2nd degree but that the lawyer could ask for the charge to be reduced to Class A misdemeanor.



it is a very confussing situation.

[babettes]

I'm in the same boat as you. My husband did time in 1992 and got out in 1996 and has been off of parole for 9 years with a clean history. He bought an old truck from a private seller and he was stopped with no license plate light and they searched his truck and found cocaine sooooo small that they had to send it off to the state crime lab. And now the DA wants him to serve four years. What is your outcome.

[babettes]

My husband was appointed a public defender and she never even acknowledge that he was in the courtroom. I hired a private attorney even though I can't afford it. I'm in Louisiana can anyone out there help me with this situation. i can see my husband going to jail for something like this. Since has been out he is been on the straight and narrow road.