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My husband was charged with a dope case, the drugs were mine I am now thinking of signing a non prosecuting affidavit

Fort Worth, TX |

My husband took a dope case that should have been mine now they are trying to give him 5 years he has been in trouble 20 years ago for drugs but that was 20 years ago. So if I go with a non prosecuting affidavit will that save me I've been in jail once and that was for theft and that wad back in 89' I have not been in trouble since

Attorney Answers 3


  1. This is not a question you can answer online. You each need to engage an attorney to discuss this. Avvo is a good place to start, but this must be done confidentially. Both you and your husband need your own lawyer to address your concern. Good luck.

    The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.


  2. The state is prosecuting your husband for drugs. I don't see how you signing an affidavit of non-prosecution would have any effect. You need to speak with a local criminal defense attorney about the specific facts of the case. Your husbands defense attorney is a good one to talk to regarding your husband... but you probably need your own to protect you. Good Luck.

    BEST ANSWER I got....and I hope I was HELPFUL! My answers do not establish an attorney/client relationship. Contact Steve Hamer at (214) 843-1529 for a FREE CONSULTATION.


  3. You need to consult a good criminal defense lawyer about this. And, while your husband may have a good lawyer, that is his lawyer. You should consult your own.

    BTW, the prosecutor decides what to prosecute. An affidavit from another person saying that they do not what a case prosecuted is in effect only a suggestion. A person who is the true guilty party and gives the prosecutor a statement to that effect has just confessed. That's another reason to consult a good criminal defense lawyer about whether you should do as you suggest.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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