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Cynthia Russell Henley's Answers
- 7,560 Legal Answers
- 1 Legal Guide
3
Attorney answers:
Does a criminal defense lawyer have an ethical obligation to disclose the fact that they are working as a special prosecutor.
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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2
Attorney answers:
Son just sentenced to 8 mo st jail felony.county website Says HOLD...under that HF TDC STATE JAIL...What does the HF mean ?
HF means "hold for" - 'hold for TDC state jail' which means he is sitting in a county jail no longer as a direct result of the county - he has finished with the county and is now being held until he goes to state jail. (It says TDC state jail because the state jail facility is under the supervision of TDC.) He gets credit for every day he is in custody.
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Attorney answers:
Do I need to hire an attorney? My son received an MIP after he was coerced to admit that he was in possession of beer.
If t were my child, I would hire a lawyer to set that case for trial. That is junk that the officer did that to a kid, and a jury of peers would likely agree. Moreover, his friends know that he was drinking a soda. After his not guilty, file a complaint with internal affairs. AFTER.
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2
Attorney answers:
I received a ticket for Public Intoxication in Texas and I need to know how this will affect me in the future.
If you pay it, then it is a final conviction and remains on your record. While it may not be a "big deal" in that it is not a felony or crime of moral turpitude, it could affect the way that police deal with you in the future. Imagine that you have been to a bar, had 1 beer over the course of an hour, and drive away but you are speeding and get pulled over. The cop will pull up your record and certainly inspect far more closely whether he thinks that you are driving while intoxicated. In...
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3
Attorney answers:
Ex-Girlfriend stalking me and filing false police reports and bar complaints
She is stalking you & harassing you, and she sounds dangerous. First, make sure you document EVERYTHING - keep copies, keep recordings, keep everything. NEVER instigate any communication with her - don't call, don't text, don't email, etc. Do not respond to anything she send. Ignore her completely except to keep a diary of every contact. Then once you have a few contacts, call police. A computer expert will be able to help demonstrate that you did not send those emails. You know...
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Attorney answers:
My friend was arrested for assault on and elder(she hit her mother) How long will she have to stay in jail before a trial?
She will be given a court date very soon. And, if she is indigent (sounds like it), a lawyer will be appointed to represent her. You may be able to go onto the district clerk's website and check her out to see if a court date has been scheduled.
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3
Attorney answers:
Can I beat a public intoxication charge in Texas?
You can be held in jail until you make bond or your serve your sentence after pleading guilty. Can you beat the case? Absolutely possible after a trial but you will need a lawyer to represent you. The burden of proof is on the state. If you have witnesses who were not drinking, they can help tremendously. If you don't choose a trial, you may choose to do a deferred prosecution - essentially a reset with conditions upon which, when completed, the case is dismissed and can later be...
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Attorney answers:
Do I have ground to put a restraining order on a family member who frequently comes to my workplace drunk and harasses me?
If it were me, I would talk to your boss about the problems you have with this guy including that his behavior interferes with your ability to do your job and is disruptive and disturbing for patrons. I would tell him about the state of intoxication, too. Then ask him if he would be willing to issue a trespass warning to the guy the next time he comes in and acts inappropriately. When he comes in again, the boss can advise him that he must leave and is not permitted to return. The boss makes...
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3
Attorney answers:
My husband is a registered sex offender for a ridiculous reason. Is there any way to get him off of having to register in Texas?
In general, unless the sexual act was with a child under 14 or was violent, the requirement to register ends 10 years after the completion of the deferred adjudication that your husband received as an adult. (The law varies based on the age of the complainant, the level of violence-if any, and if the defendant is a minor. In Texas, a defendant is an adult starting at age 17 for purposes of criminal cases.) It is sad that our laws are so strict because as you commented, 3 months difference...
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3
Attorney answers:
Can i legally marry my ex felon fiance while I'm on felony probation without being revoked? His felony was 6 years ago and has
You are aware that you are not to be "associating" with people of disreputable character, obviously, or you would not have asked this question. So, apparently you are doing that if you are talking about marriage. You know what your probation officer's personality is like. You can also cal your lawyer to see what the lawyer thinks. If you were married, they could not do anything about that. But, given that you are not, you are in violation of your probation by associating with him.
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