Asked 6/14/17 – Paducah, TX

Husband was charged with possession of a controlled substance (methamphetamine) PG 1 more than 4grams but less than 200grams with intent to deliver. This was his 1st offense and although I understand the seriousness of the problem i also know that this offer is ridiculous. The DA refuses to budge at all or offer any other plea bargain and the court appointed attorney is doing nothing to help my husband. All 3 of our “rinky-dink” small town cops with huge egos keep gossiping about the case and saying that my husband whom is in his 40’s won’t make it out of prison cause at his age & from the sentence they are expecting He will die of old age before he finishes serving his time & they say he deserves every bit of it. He did wrong but he isn’t the monster they try to make him out to be. He was told he could take the plea bargain of 30 yrs in TDC or take his chances with going before a jury of his peers to decide his fate which if found guilty for this particular crime it is punishable of up to 99 yrs in prison.

Answer

I understand how extremely upsetting this situation must be for you and your family, but you have to understand the harsh reality that the State is not considering you and you family when offering a plea bargain to your husband. Their position is: “If the defendant did not care enough about his wife and family to obey the law and avoid jail, why should we?” The DA believes: 1) enough evidence exists to prove the allegations in the indictment beyond a reasonable doubt to obtain a conviction, and; 2) a jury would assess a sentence of at least 30 years if the case was taken to trial. I have no way to evaluate the case, so I cannot say if this plea offer is reasonable or not. You may not like the choices available, but plea or trial are basically the only options you have. Good luck.