Cynthia Russell Henley’s Answers

Cynthia Russell Henley

Houston Criminal Defense Attorney.

Contributor Level 20
  1. Can i get charged with a DUI Minor and have no sobriety test at all? No Police report from the officer in 6 months either

    Answered over 1 year ago.

    1. Cynthia Russell Henley
    2. Martin Ben Zimmerman
    3. Macy Michelle Jaggers
    4. Carmine John Giardino
    5. Stephen A. Gustitis
    5 lawyer answers

    Your attorney can do nothing until the charges / report is filed by the officer. No one can "make" him file it. You have no right to any tests for the charge of DUI. The law in Texas is ZERO tolerance for any person under 21 to have any alcohol in them and drive. If you told the officer what you said here (with the time, etc.), then he was probably messing with you and has no intention of filing the charge, and it might simply go away. Otherwise, it does not sound like they can make...

    15 lawyers agreed with this answer

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  2. I am getting charged with a dui and three counts of child endangerment

    Answered 9 months ago.

    1. Bart Charles Craytor
    2. Cynthia Russell Henley
    3. Billy Jack Stovall II
    4. Jared Seth Robinson
    5. Christopher Daniel Leroi
    5 lawyer answers

    Only your lawyer is in the best position to give you advice on your case because your lawyer has seen all the reports and evidence. if the case is not defensible (cannot be won at trial), then you are sort of at the mercy of the prosecutor because if the kids were under 14 and if you were intoxicated, there is no getting around that it was a felony. Perhaps your lawyer can use your history and the loss of benefits as well as suggest some more tough conditions to add to get the DA to agree...

    13 lawyers agreed with this answer

  3. Can I be charged with criminal trespass on public land?

    Answered about 1 month ago.

    1. Cynthia Russell Henley
    2. Harold Christopher Waller
    3. Baharan Muse
    4. William W Housley
    4 lawyer answers

    If you were trespass warned to stay off property (because you violated the law), then you can be kept off the property. You knew you had been told to stay off. The way to have handled it (and perhaps how to handle it now if years have passed between incidents), is to, with permission of your lawyer, figure out who makes the decisions regarding that land and write a letter of apology and explanation and ask for permission to return to the land again. (If it happened a few months ago, then...

    12 lawyers agreed with this answer

  4. My husband was charged with felon in pocession of a firearm but the charges were dropped can the feds pick this up?

    Answered 3 months ago.

    1. Cynthia Russell Henley
    2. Stephen F Wallace
    3. Frank Mascagni III
    4. Anthony Michael Solis
    5. Jonathan Clark Baird
    5 lawyer answers

    Yes, he can be charged in federal court with this offense.

    12 lawyers agreed with this answer

  5. DWI defense subpoena

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Cynthia Russell Henley
    3. David Daniel White
    3 lawyer answers

    Your lawyer needs to hire a private investigator to find the witness if that witness will help you. Both sides are entitled to at least one reset. Cynthia Henley 713-222-1220

    12 lawyers agreed with this answer

  6. Does a criminal defense lawyer have an ethical obligation to disclose the fact that they are working as a special prosecutor.

    Answered about 2 years ago.

    1. Cynthia Russell Henley
    2. Robert David Richman
    3. Nathaniel Lewis Miller
    3 lawyer answers

    No. Working as a special prosecutor means that on a specific case, the DA's office had a conflict and got an outside lawyer - a criminal defense lawyer - to handle the prosecution of that case. Generally that means that the DA's office respects that lawyer and the lawyer's integrity. Logically, such is more likely to have a positive impact on the judge as well. (Seemingly the DA & judge would rely more on the lawyer who they accept as a special prosecutor....) Without some evidence of...

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  7. How can I file an appeal for a DWI conviction without an attorney? Or is it best with an attorney?

    Answered about 1 month ago.

    1. Cynthia Russell Henley
    2. William W Housley
    3. Gene Raymond Beaty
    4. Baharan Muse
    5. Thomas Lane Hooton
    5 lawyer answers

    You can file the notice of appeal - just put the heading from your case on the document and say you want to appeal. BUT, it is best if you use a lawyer because you will not know the issues. If you pled guilty without a motion to suppress or some other pretrial matter raised before the plea, you will have no real appeal because you waived your right to appeal. If you had a trial and were found guilty, then you should talk with your trial lawyer about your chances on appeal.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can a first conviction of DWI be introduced into trial for a second DWI in texas?

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. Cynthia Russell Henley
    3. Bradford Ryan Kvinta
    4. Frank Mascagni III
    5. David Daniel White
    6. ···
    6 lawyer answers

    If the door to let in the prior is not opened (for example by the accused saying, "I've never been through this kind of thing" or his/her mom says, "Little Johnny would never do something like this".......), then it is not admissible. The lawyer for the accused will have prepared an objection and have a copy of the edited version ready to substitute when the prosecutor offers the damning information. Cynthia Henley 713-222-1220

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. DWI - What's the latest you can file a motion in limline in texas...trial is set for1/29.

    Answered over 1 year ago.

    1. Cynthia Russell Henley
    2. Macy Michelle Jaggers
    3. Evan Edward Pierce-Jones
    4. Paul J. Smith
    5. Stephen A. Gustitis
    5 lawyer answers

    A motion in limine is an objectio raised before the trial starts, and can be filed any time - before jury selection, before trial, during trial. Cynthia Henley 713-222-1220

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  10. Can charges be filed for criminal mischief when I am innocent?

    Answered 20 days ago.

    1. Cynthia Russell Henley
    2. Tristan Nicolas Legrande
    3. Daniel M. Mehler
    4. Craig Alan Greening
    4 lawyer answers

    Yes, they can file charges on you. They are not supposed to really make credibility decisions - only go by the evidence and what they are told. You know this. Given that you have cooperated and you now feel that they are persecuting you, it is time to lawyer up and quit putting up with the junk they are dishing out.

    11 lawyers agreed with this answer