Answer: Because he has no prior record, the judge will probably give him probation, community service and a fine. While you may think that is fantastic news, I reality it is not fantastic news. Why? Because you have indicated that your husband is dealing with hard times. First, he will have a harder time finding employment with a felony conviction. Every week people call asking how to get the charge (where they happily agreed to probation) expunged from their record, because they cannot find employment. The conviction will not be expunged. Second, related to the hard time, if he cannot meet his obligations while on probation, or stops reporting to probation because he cannot meet his obligations (probation supervision fee, community service b/c he does not have gas for the car), or has another lapse in judgment, the judge will send him directly to jail. While no one thinks about violating probation, half of the justice system deals with probation violations. Therefore, I would suggest trying to hire an attorney to assist you.
Answered By Lawrence Lewis - Felony Defense Attorney
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