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  1. #1
    Join Date
    May 2005
    Posts
    1

    Default Wrongful Accusation of Felony Drug Possession

    While trying to finish his bachelor's degree at a university in Texas, my husband was maliciously prosecuted for possession of methamphetamines that did not belong to him. Our attorney made us believe that if we went to trial, the judge would make sure he went to jail. We, in essence, were forced to plead guilty in order for my husband to receive deferred adjudication. We were also told by his lawyer that this would not show on his record as a conviction. My husband has served two years of his three year probation sentence. He was drug tested TWICE for every probation visit and they all came out clean. He completed his community service. He paid his fine. His probation officer says he should have been released a long time ago and provided this in writing to the judge. My husband recently requested early dimissal from the judge and was denied. Does the judge have to provide a reason? Also, my husband has not been able to find a job because of this and found out today that it shows as a conviction on his record. What can we do about this?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Husband wrongfully accused of felony drug charges

    Quote Quoting slovava
    Does the judge have to provide a reason?
    Decisions like that are typically within the discretion of the trial judge, which makes them very difficult to attack on appeal.

    Quote Quoting slovava
    Also, my husband has not been able to find a job because of this and found out today that it shows as a conviction on his record. What can we do about this?
    Talk to your original attorney, and try to figure out if in fact he received the deferred jurisdiciton and, if so, why it is showing up as a conviction.

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