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Cody F. Fox

Cody Fox’s Answers

12 total


  • It is by law that within being arrested they have to have you in front of a judge within 48 to 72 hours of the arrest ?

    Cody’s Answer

    The statute states that an accused shall be brought before a magistrate without "unnecessary delay." Seventy-two (72) hours has been held as unnecessary delay in Tennessee. However, your boyfriend may have appeared before a magistrate shortly after being arrested and while in jail. Once an accused appears before a magistrate, a preliminary hearing shall be scheduled within fourteen (14) days. There are exceptions to this rule. Your boyfriend needs to speak to an experienced attorney about his situation.

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  • What happens if you violate probation by failing a drug test for marijuana?

    Cody’s Answer

    Unfortunately, the answer is it depends. A lot goes into determining the sentence for someone who violates the conditions of their probation. If they have done everything else as asked and have a good rapport with their PO, they may just have their probation extended or stay the same. However, if they have failed to do a lot of the requirements of their probation or picked up new charges, they may be required to serve their sentence. Your boyfriend needs to speak with an experienced attorney and allow them to negotiate his sentence with the district attorney.

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  • Can i marry an illegal immigrant with 2 felony drug charges?

    Cody’s Answer

    You have asked a very complicated question. The fact that you have two (2) felonies does not impact your ability to get married, however, you have to obtain a marriage license from the state. Since your boyfriend is an illegal immigrant, that may cause some issues with the validity of your marriage. Obviously, once you two are married, he will be able to eventually obtain citizenship. It is just important for him to follow the proper channels. I would recommend that your boyfriend speak to an attorney that specializes in immigration law.

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  • My boyfriend is in jail on his 3rd violation of probation, all his violations are drug related, chances of him coming home?

    Cody’s Answer

    Each case is dependent upon the specific facts, but I can say that on a third violation the district attorney will more than likely recommend that your boyfriend flatten his sentence, which means he will serve his sentence, typically at a reduced rate. If he does have a bed at a halfway house, the district attorney may work with him on his sentence and allow him to be released early to the halfway house. He will need to speak with an attorney about his specific situation and allow them to negotiate his sentence with the district attorney.

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  • How long is 11/29 at 75% if he’s has already done 130 days in jail?

    Cody’s Answer

    11 months and 29 days is roughly 364 days. 364 x 75% = 273 days. So 75% of 11/29 is roughly 273 days. As far as him already serving 130 days, that would depend on if it was contemplated between his attorney and the prosecutor to give him credit for that time. If he was given credit, then 273 - 130 = 143 days. Thus, he would have roughly 143 days left to serve. He can speak to his attorney or contact the jail to determine his exact out date.

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  • How much time do you serve on 30 days in Clarksville Tennessee ?

    Cody’s Answer

    If there is no plea agreement in place and your fiancé was sentenced to thirty (30) days then he/she could serve the entire thirty (30) days in custody. There are also certain charges in Tennessee that require a person to serve a mandatory minimum amount of time in jail (For example, simple possession of meth requires a person to serve at least 30 days in jail day for day). However, it is also possible that your fiancé will be released once she completes 75% of the sentence or 22.5 days. The answer would depend on the specific facts of your fiancé's case, whether or not a plea agreement was reached, any jail time that was credited, and other factors.

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  • How long will my husband have to serve on a 6 year sentence at 30%

    Cody’s Answer

    If your husband is sentenced to six (6) years at thirty percent (30%) then he would be eligible for parole in 1.8 years. The "thirty percent" signifies that your husband is being sentenced as a Range I offender. However, it is important to note that he would be "eligible" for parole in 1.8 years and it is not guaranteed that he would be released at that time. He would go before the parole board and they would determine if he was to be paroled and released at that time.

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  • Can I get a state appointed lawyer if I bond out of jail?

    Cody’s Answer

    You can still be appointed an attorney, but your eligibility will depend on numerous factors like wages, bank accounts, assets, amount of bond posted, etc. The sole fact that you bond out of jail will not prohibit you from being appointed counsel, you just have to qualify for it. To qualify for appointed counsel you fill out an uniform affidavit of indigency with the court. The judge will then look over your affidavit and determine if you qualify for court appointed counsel.

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  • How much time can I receive with a shoplifting citation.

    Cody’s Answer

    In Tennessee, theft charges are classified by the amount allegedly stolen. Recently, Tennessee revised its classification of theft charges and eliminated the $500 classification. Currently, theft up to $1000.00 is a Class A Misdemeanor. A Class A Misdemeanor is punishable by up to 11 months 29 days in jail, up to a $2500 fine, and court costs. While you have mentioned shoplifting, Tennessee penalizes shoplifting under the theft classifications. Also, even though theft is punishable by jail time, frequently prosecutors and defendants reach plea agreements where jail time is avoided. As mentioned by the other attorney, you need to consult with an experienced criminal defense attorney that handles theft charges in your area to discuss the specific facts of your case and the potential outcomes.

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  • I am on probation for theft and second theft charge 50.00 will I go to jail?

    Cody’s Answer

    In Tennessee, theft under $1000.00, which can also be classified as shoplifting, is a Class A Misdemeanor punishable by up to 11 months 29 days in jail, fines, and court costs. The outcome would depend heavily on the specific facts of your case. It would also complicate things if you were currently on probation when you picked up the second shoplifting charge. If so, you could be facing a violation of probation as well. The fact that you have a prior shoplifting charge will also not help you. However, you need to speak to an experienced criminal defense attorney in your area so that you can discuss the possible outcomes of your case.

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