Legal Question in Criminal Law in Texas

Just Cant Catch A Break

My husband served 2 yrs. w/o probation on a 2 count felony drug conviction 12 yrs. ago. For the past 9yrs he's been working, staying out of trouble (except for tickets) 4mths ago went over a friends house after work PD came in with warrant and was charges with the same charges as his friend. Even thought he was clean, just got there & wasn't involved, why did they take him to jail ? Was it because of his prior ? & I know his friend didn't tell the truth, but now his friend feels guilty & wants to sign an affidavit claiming everything confiscated was his. Will this help my husband in court or is it to late ? & if not, can this affidavit be handwritten & notorized or has to be done by a lawyer? If he is convicted will his prior hurt him?


Asked on 9/30/08, 11:29 am

1 Answer from Attorneys
michael palmer Law Office of Michael Palmer

Re: Just Cant Catch A Break

In drug cases, the police routinely arrest everyone present unless someone claims the drugs. If the friend claims the drugs by affidavit, then it will be a confession. This should help your husband. However, more than 1 person can possess the same drugs at the same time. As a result, the affidavit has to not only claim the drugs but explained how your husband just got there. If convicted, then his prior will be used against him. It may be used before to enhance him to a higher charge.

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Answered on 9/30/08, 12:44 pm


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