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Cynthia Russell Henley

Cynthia Henley’s Answers

11,461 total


  • Can you be found unable to pay restitution on probation?& be removed from probation. If all other priorities have been met?

    What happens when probation expires but restitution fee have not been completed due to inability to pay.

    Cynthia’s Answer

    IF the probation expires and you have not paid, then the only thing that can happen is the complainant can sue you for the balance IF the statute of limitations has not run. However, most times probations are not allowed to expires / run out without a motion to revoke being filed if restitution is not paid.

    Restitution is not punishment - it is what you owe. It is not subject to being reviewed for ability to pay. (Texas has debtors prison only for restitution and child support, generally.)

    Your probation can be extended (up to 20 years for a felony) while you continue to make payments. Or, your probation can be revoked and you can be put in prison. Or the probation can be allowed to expire - that would be very lucky for you if that happened.

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  • Enhancements

    can a class one misdemeanor be in enhanced by prior then enhanced by preventing a theft detector device from sounding by cutting the wire making it a class three felony then enhancing it again with other prior s making it habitual criminal 25-99ar...

    Cynthia’s Answer

    • Selected as best answer

    What is a class one misdemeanor? An A misdemeanor?

    Your question is very confusing. Enhancements can be used to elevate cases but a misdemeanor theft can be enhanced to a felony on with several prior felony thefts. If a misdemeanor theft is enhanced to a felony, then that felony can be enhanced with other felonies to a higher class felony.

    You obviously have a lawyer representing you. You should discuss the case with your lawyer.

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  • Background check

    A defendant has a dismissed criminal case in record that has not been expunged. He applied for a job. Is a background check company allowed to disclose the case information to the potential employer, given that the employer is a private employer?

    Cynthia’s Answer

    Yes. Until the case is expunged, it is part of the person's background.

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  • How long do I have to file grand larceny charges in New York State ,against a person

    A person cut trees off my property with out my approval

    Cynthia’s Answer

    Change your location to NY to get answers from lawyers in NY who know the law there. Texas lawyers will not know NY law.

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  • Could I possibly drop two different charges against the same person?

    Me and my son's father have been through a lot at the beginning of my relationship he got a family violence charge that I pressed against him. Recently around two months ago I pressed terrorist threats to family household charge against him becaus...

    Cynthia’s Answer

    You don't control the charges - you cannot file them nor drop them - only the prosecutor can. However, the prosecutor should contact you about the case and what is going on since the charges were filed as well as discuss punishment. Your son's father should have a lawyer, too, and you can work with that lawyer. Whether or not they would be willing to dismiss any cases depends on the facts. If he is in treatment and doing all the things you mention, then it is possible that good things could happen but in general, prosecutors really like to hold on to family violence cases.

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  • Have I committed either extortion or blackmail while trying to recover my personal property?

    I helped a friend remodel his condo over 5 months (30-40 hours a week.) He agreed to pay me $750 total for all the work. We had a falling out and ended our friendship, but he refused to give me back my ladder/tools that were in his condo and refus...

    Cynthia’s Answer

    Does not sound illegal to me. Sounds like he was committing a theft of your property and theft of your services.

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  • What might happen if I fail a court issued urine test for marijuana?

    In February I was arrested and ended up getting charged just with misdemeanor possession of marijuana. I finally went to court about two weeks ago, and got with 24 hours of community service and a marijuana class. At that time, my attorney said I ...

    Cynthia’s Answer

    First, since you were arrested in February, you were on notice that you were going to facing this case and you should not have been smoking pot. But apparently you have been so, generally with a heavy smoker, the THC remains for 45 days and maybe a little longer so you are right - you probably will not be clean. Sounds like you were going to get your case dismissed if you did what was required and had a clean test but since you cannot be clean, it is likely that the next step for you is deferred adjudication probation - which means a record.

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  • My brother probation violated with a dwi his on the 176 court

    i need someone to get him a reinstatement i need a real good lawyer that works with stacy bond

    Cynthia’s Answer

    Your brother is in a great court with one of the best judges in Houston. That said, a lot will need to be reviewed in his case and situation including how he was otherwise doing on probation, how he violated, whether he has issues that need and can be addressed with specific conditions of probation. Judge Bond wants to help people be successful on their probations but she does also have a duty to protect the community. It is a balance.

    Call several Harris county lawyers and determine with whom you (and especially your brother) feel comfortable.

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  • How can Montgomery County make a person file as a sex offender if they are no billed and not convicted?

    Case was no billed. No conviction. Now being made to register as a sex offender. Why???

    Cynthia’s Answer

    That is a good question. The person needs to talk to their lawyer about what id going on. Is there a past case which had sex issues in it that the person was convicted on?

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  • Texas Rule 32.1 (b) Revocation Preliminary Hearing

    Under the Texas rule 32.1 (2) for a revocation Hearing it states that the court must hold the revocation hearing within a reasonable time in the district having jurisdiction. My question is how long is reasonable time, and is there a end to reaso...

    Cynthia’s Answer

    They leave the word as "reasonable" to intentionally be vague. Unfortunately it varies by jurisdiction and opportunity. It is very factually driven.

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