Me and my husband have lived in TN for four years now.Back in late feb. of 2006 my husband went to TX (were we meet and lived till we moved here)for school and stayed with his mother not 2 months had gone bye and his mother in a drunk rage kicked him out of her house he had 2 weeks to complete a part of his school to get a cert. on the area they were in so he called a guy to see if he could stay there for 2 weeks and then come back home to TN were me and are 2 kids live .when he picked up this school mate he let him drive the car they were pulled over and charged with a misdemeanor drug charge.The problem is not the charge he went to court today 9-28-06 and was told before from his lawyer 1year of probation or more he could transfer it home to TN but today he was told he is facing 25 months probation (not transferable)or a year in jail and got a continuance until nov.17 of 06 he has 2 jobs here has not ever been in trouble in TN(or in the past 5 years) we have a bank account here are family is here are lives are here.I need help on what can be done do we have the right lawyer for this?is there something we can file or show we have resident here.We informed the lawyer of this and was gave a run around saying it will be fine we did not need papers from TN.so if anyone can help us please do.

The fact that he has residence in TN is not a factor. The crime was committed in TX. You can use the fact that he has a family and stability in TN to plead for a lighter sentence or transfer of probation. Sounds like his lawyer underestimated the ire of the prosecutor or judge.

Where you reside is irrelevant ; it's where the alleged offense occurred that's the issue. If the offense occurred in Texas then it comes under Texas' jurisdiction and is dealt with according to TX law. I would like to know why the mixed messages concerning the sentence (from1 year to 25 months and transferrable then not transferrable.) Is your husband still in TX? It sounds like your best bet would be to consult with a criminal attorney from TX and try to plea bargain it down to as minor a charge as possible. If it's as you say, a misdemeanor offense, a first offense for your husband then that shouldn't be too much of a problem. Perhaps a suspended jail sentence would be the most convenient arrangement, thereby allowing your husband to return ti TN promptly and get on with your lives.

This sounds like you need another lawyer. If you are using a public defender, remember that they work for the state. In my experience, they do not defend well. They are over worked.