What to do about a first time offense Class B misdemeanor charge?

UPDATED: Aug 18, 2011

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What to do about a first time offense Class B misdemeanor charge?

My husband recently (this week) got arrested for possession of marijuana under 2 oz. Pretty much the cops told me he was at the wrong place at the wrong time. They apparently were watching some guy who they suspected was a drug dealer. He approached my husband at a convenience store, selling him marijuana for $8. At first my husband said no, but then he gave in. Hubby leaves and about 3-4 miles from the convenience store, he is stopped by cops, questioned and arrested. Previous to this, my husband had never been arrested and has been in this country for 8 years. What can we do? Should we speak with a criminal law attorney? In Dallas, TX.

Asked on August 18, 2011 Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Talking with a criminal law attorney is always helpful.  If you can find one in your area that is familiar with programs and procedures in your area, you will probably have a better chance at a better deal.  You mentioned that your husband has never been arrested.  Considering his lack of criminal history, he's likely to be offered probation or a lighter sentence and fine.  If he has a "secret smoking habit," you may also want to inquire about diversion courts.  Several programs are offered in your area to really help people with addiction issues.  A class B misdemeanor for a defendant with no history is not going to result in a lengthy jail sentence.  However, you mentioned that your husband has been in this country for 8 years.  This implies that he may not be a naturalized citizen.  Convictions for certain criminal offenses can result in deportation or denial of citizenship.  It would be worth the time and money to consult with an attorney that specializes in immigration law as well if your husband is not a U.S. citizen, so that you can understand all of the consquences associated with your husband's arrest.

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