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Cody Grant Henson

Cody Henson’s Answers

90 total


  • 8/13 1st offense class b misdemeanor >50-<500. caught shoplifting @ Jcp. Is there anything we can do to not go to jail?

    Arrested & bond set at 2,000 each. I'm 18y/o female charged w/$80 and 23y/o boyfriend w/$60.

    Cody’s Answer

    Stop posting on this website and focus on hiring a good criminal defense attorney. Most young offenders charged with a first offense minor theft have a good chance at receiving probation or deferred adjudication. A conviction for theft can follow you for the rest of your life. Go hire a good criminal defense attorney and work with them on resolving your case. You can find assistance in locating a criminal defense attorney in your area on this website or through the attorney referral service through the State Bar of Texas at www.texasbar.com. Good luck to you.

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  • I would like to write up a motion for the court to approve me being co-council in my case.

    The attorney seems enthusiastic about our chances in court, but has done none of the discovery and investigation that we agree should be done. This case is a 17 year old case that required sex offender registration in Texas for life, although it ...

    Cody’s Answer

    If you believe that your attorney is not adequately representing you, you can either fire them (if they are retained) or request that the court appoint a new attorney (if they are appointed). The court is not required to honor your request but will make inquiry into the situation and see if your concerns are warranted.

    As far as being appointed co-counsel---unless you are an attorney licensed to practice law in Texas, this will not happen. I think you may be confusing this with petitioning the court to represent yourself (bad idea). If you choose to go this route, the court may appoint an attorney to assist you during trial. The court and any attorney you speak with will strongly caution you against this as only a trained criminal defense attorney has the legal training and experience necessary to represent a defendant in a criminal case. You are facing a very serious criminal offense---it is important that you find an attorney you are comfortable with and that will zealously advocate for you. If you have a concern it is best to address it up front. Going at it without an attorney is a very bad idea.

    In summary, find an attorney whom you are comfortable with. As the old saying goes---he who represents himself has a fool for a client. You have a tough road ahead of you. It will be much easier to travel with an experienced criminal defense attorney who will advocate on your behalf. Your freedom is on the line...take the time to make a wise and informed decision.

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  • My daughter got in trouble for assault with intent to do bodily harm first offense is this a case for mandatory probation

    this is her first time to ever be in trouble and it was her boyfriend that she hit there wasn't any kind of weapon involved

    Cody’s Answer

    First off, nobody can tell you what will happen with the case. I know you would like to get answers for your daughter, but this is based upon many factors and only the attorney representing your daughter can advise her on this issue. On the other hand, I am not familiar with a "mandatory probation" requirement outside of a very limited set of minor drug possession offenses. Best advice, get your daughter a good criminal defense attorney in your area.

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  • Ex husband awaiting trail for family assualt to his wife. Currently convicted of felony arson and felony revocation of probation

    He plead to the arson and got a 10 year suspended sentence to probation. After being arrested for assualt that created the revocation hearing, which he was found to be guilty and got 9 months in a prison rehab and 6 months at a half way house. Cur...

    Cody’s Answer

    Your question is not real clear. I have never heard of a grand jury "excepting" a case. A grand jury will either "true bill" (indict), no bill (not indict), or pass a case. The State maintains the authority to prosecute a case despite the victim wishing for the charges to be dropped. The State will weigh the evidence and determine if they have enough to proceed. Assault family violence is typically a misdemeanor unless there are certain aggravating factors such as prior family violence convictions etc.

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  • Can my theft under $1500 3rd offense be reduced back to a misdemeanor from a felony in Texas. Am I eligible for probation?

    My criminal record holds two misd. Thefts one felony theft. One felony evading and one felony uumv. I had deferred probation at 18 that was violated I'm 26 now.

    Cody’s Answer

    It sounds like you are currently charged with the state jail felony offense of "Theft-Third Offender or more". You have been enhanced from a misdemeanor theft to a SJF with your prior misdemeanor thefts and likely your prior felony theft. The short answer is yes, your charge could certainly be reduced down to a misdemeanor during plea negotiations if the prosecutor saw fit to offer you a reduction.

    In answering whether or not you are eligible for probation the answer is a little more complicated. First, you would certainly be eligible if the prosecutor were to make you this offer during plea negotiations. However, this does not mean the judge would have to accept the proposed plea bargain.

    On the other hand, if you went to trial and were convicted the jury would not be able to sentence you to probation if you have a final felony conviction. The answer is dependent on the final disposition of your three prior felonies. You note one of them was violated and I am guessing you did some time in prison or state jail and your "deferred" sentence turned into a final felony conviction. If this is the fact, you would not be eligible to receive probation form a jury.

    You also face the possibility of further enhancements based upon your record. You need to speak with an experienced Harris County Criminal Defense Attorney. You can find assistance in locating one on this site or through the Lawyer Referral Service through the State Bar of Texas website at www.texasbar.com. If you cannot afford one you can petition the court to appoint you one. Stop spending your time positing on this website and go find an attorney. You need one.

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  • Criminal versus Civil charges

    This is a pretty general question...if there is an incident that could have both criminal and civil charges, will the wronged party usually await the outcome of a criminal trial before deciding to pursue civil damages given that the burden of proo...

    Cody’s Answer

    I agree with Mr. Solis. As a former prosecutor I frequently saw civil attorneys await the disposition to a criminal proceeding and then make a FOIA (Freedom of Information Request) for all of the evidence we had obtained. However, I also saw civil cases filed during the pendency of a criminal case. I suggest you consult with a lawyer regarding your matter to assure that you are fully advised as to the matter.

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  • What do I do in regards to a religious discrimination in a Texas prison.

    This happened in 2009 and 2010. I was an inmate in a texas state prison (not a private). I was denied religous material from a religious center in San Francisco California. I have sixteen forms that give a as SATOM 03.03 as reason of denial. W...

    Cody’s Answer

    Try contacting the ACLU (American Civil Liberties Union). They may be to provide you with some guidance. You may have a statute of limitations problem considering the amount of time that has passed. You can find contact info for the ACLU at http://www.aclu.org. Good luck.

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  • What does Intake DA mean?

    My friend had his court date today and i'm just wondering what exactly that means.

    Cody’s Answer

    I am not sure where you saw it, but it could mean several things. Most probable is that the case is still in "intake" with the District Attorney's Office. That means that a Bexar County ADA is likely reviewing the case, determining what evidence to request from the police department, and determining what charge or charges are most appropriate. A Bexar county lawyer may be able to give you a better answer....but this is my best guess.

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  • Is there such a thing as a lawyer who helps you because its the right thing to do and they do the right thing?

    I am so grateful for this site. For all of you who give your time to us out here for free. It is valuable. This year I had first hand experience with true discrimination and retaliation.filed civil, I reported my company for fraud. I endured 3 yea...

    Cody’s Answer

    You have not really stated a question. Try clarifying and reposting.

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  • Going to court for 3rd felony drug possession is this 3rd strike in texas

    it has been 10 years since last drug possession charge however I've had 15 possession of marijuana charges in about a 4 year span. none were felonys

    Cody’s Answer

    First off, that is the most POM charges I have ever heard of. Take it easy.

    The short answer....Texas does not have a "3 strikes rule" like you commonly hear about. The solution in Texas was to add enhancements to the Code of Criminal Procedure. In Texas, someone who has two consecutive felony offenses which are 3rd degree or higher and resulted in consecutive pen trips can be habitualized (minimum 25 to life) upon conviction and either a plea of true or a finding of true by a jury to the penalty paragraphs. It is a little complicated but if all you have are prior misdemeanors....you do not need to be concerned with being habitualized. However, there are ways to enhance possession cases to a higher degree.. One example is possessing a controlled substance in a certain area around a school. However, you have not posted enough information to provide an informed answer. Try reposting and note what offense you are currently charged with and the degree of the offense. You may get more answers.

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