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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.

Asked almost 4 years ago in Criminal Defense

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.

Answered almost 4 years ago.


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 was a conspiracy case and no sex was involved and no one was offended. In short a known REAL sex offender took what I taught in a computer class and started dealing in Child Porn. To reduce his sentence, he brought me in the case and I fought tooth and nail against the federal government and lost. I am still under appeal 17 years later.
This case is brought by an over enthusiastic deputy of the local county that charged me with failure to register when I called and ask if I could move to my boat and live there in that county.

Asked almost 4 years ago in Criminal Defense

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.

Answered almost 4 years ago.


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

Asked almost 4 years ago in Violent Crime

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.

Answered almost 4 years ago.