Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Michael Hamilton Rodgers
1 Answer | Asked in Criminal Law for Texas on
Q: I caught a charge on deferred adjudication but got it dismissed will this affect my release date next month.

Also my officer said I’m in the clear to be released but I just wanna double check

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 13, 2024

This is a good question. The answer is important to you as it affects your future in many ways. The answer is very simple and it is this: there is no way to double check. You should ask your attorney because he/she is best situated to gove you sime idea what the answer might be. Still that would... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I was arrested and posted bond for a felony charge (assault with a deadly weapon) in error.

I was arrested for assault with a deadly weapon when the actual charge was supposed to be family violence. I don't know where the error occurred or who made the error but I posted bond and went to my first court date and the judge told me my actual charge was family violence. I paid the... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 3, 2023

Unfortunately you will not be able to get the difference (between what you probably should have paid and what you did pay for your bond) from the bonding company for the following reason. the bonding company had nothing to do with setting your bond at such a high amount because the company was not... View More

3 Answers | Asked in Criminal Law and Elder Law for Texas on
Q: I've been charged with a crime and the lawyer wants to talk to me should I speak with them with her without my lawyer

I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 3, 2023

Never speak with any police officer in a case where you're even merely a suspect or "a person of interest". Although your question is worded in a way that makes it largely unclear, what is clear is that you seem to be suffering from a very real misundertanding of your present... View More

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: How do i get a copy of actual charges against someone, either a misdemeanor or felony, in wise county?
Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on May 15, 2023

Go to the Wise County Clerk's Office for copy of misdemeanor allegations. On the felony case, the Wise County District Clerk should be able to provide the actual charge(s) contained in an indictment against the person, assuming that the Wise County Grand jury has, in fact, returned a true bill... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Do I have to disclose an expunged record during a name change?

I am doing a name change in Texas and it is asking if I was ever charged with a misdemeanor a/b or felony. I was, but iT was expunged. I’m not sure if I still need to disclose that to them since it also happened over 10 years ago as a minor.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Aug 16, 2022

The expungement of a case doesn't merely hide it from view, the expunction acts like a sci/fi time machine taking you out of this universe and depositing you in a nearly exact copy of your "home" universe. After an expunction is granted, you find yourself in a place where that case... View More

View More Answers

4 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Do I have the ability to remove something on my record if it was just an arrest, and I wasn't convicted?

It's been years since this happened, but about 4 years ago I applied at HEB and was declined because of my "assault charge", is what they said. I know this has to be inaccurate because I was never charged, so I am curious what they saw on my background check?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jun 30, 2022

What Mr. LeGrande said is correct. To be clear in your case, it sounds as if no "formal" charges were ever filed. You don't say what "level" of offense you were arrested for, but the severity of the underlying facts determines the time frame whe you are able to request an... View More

View More Answers

3 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: Victim file false police report

Hello so we hired a attorney and for the case we are wanting to present a grand jury package to the grand jury to favor in a no bill. But are lawyers are suggesting we do something called a examination trail instead can you tell me what that is ? And isn’t it done after indictment? The defendant... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Apr 23, 2022

There's no legal reason why you can't do both. There are, however, very practical reasons that should be taken into account. First, you have paid an attorney to represent you. That lawyer is in the best possible position to decide what to do with your case. Most criminal cases are charged... View More

View More Answers

5 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I ask for my boyfriend not to be charged with domestic violence assault deadly weapon?

What if charges/warrant hasn’t been issued. I just don’t want to go through all the proceedings and want it to be over.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Apr 17, 2022

If you are planning a future with the defendant, then the steps you and he should follow are these:

1. He must hire the best criminal lawyer he can afford, NOW. Don't wait for warrants or indictments, etc. He needs a lawyer before the State can act further in this matter.

2....
View More

View More Answers

2 Answers | Asked in Criminal Law for Texas on
Q: If I have to go to Houston for court. And was told to hire a attorney. Does my attorney need to be from Houston?

I'm from Dallas. Need one asap

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Apr 10, 2022

While it may be a bit more expensive to hire a Dallas-area lawyer, rather than a Harris County attorney, to represent you in Houston, the plain fact is that if you plan to dispute the charge in any meaningful way (meaning, if you want to go to trial or challenge the admissibility of the evidence,... View More

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: If my lawyer has proof my p.o. lied shouldn't he have defended me in court

My lawyer showed me the reasons my p.o. revoked me and one was not reporting for the last three months. ( That was a lie) #2 hanging around dangerous people( that was a lie) she didn't even know my fiance s name . My paid lawyer should have defended me shouldn't he when I also had proof?... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Feb 22, 2022

Your complaint makes some good points. Too often it happens that lawyers go along with prosecutors and seem not to be interested in pointing out the defencts , even lies, that are a part of the State's case against the defendant. The problem with your complaint that your lawyer didn't... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Can a lawyer request a 1244A from a judge or does it have to be offered to them?
Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Feb 22, 2022

Yes, a lawyer can request a the Court to sentence the defendant pursuant to Sec. 12.44 (a). And while the law allows the Court to do so on its own motion, I have never seen a court sentence a defendant under 12.44(a) without first being requested to do so by the defendant's attorney.

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: What code does my lawyer need to provide for the judge to change my plea before sentencing?

I was told if i signed for 2year tdc i will get my 7months and 25days back time but now they only want to give me 2days of jail time credit. Thats was not agreed on.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Feb 9, 2022

Most people who plead guilty can barely remember doing so, that's how traumatic it is. So you may not remember, but when you went before and asked the judge to accept your plea of guilty and for the Court (the judge) to follow your plea bargain, he opr she recited the plea agreement to you,... View More

1 Answer | Asked in Criminal Law for Texas on
Q: My son was arrested because he had his prescription meds in his pocket. He has proof from Dr. that he is prescribed

Will it be enough to bring proof of the prescriptions to court to have this dismissed? Will a court appointed attorney be able to handle?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 10, 2022

Of course his court-appointed attorney can handle this. And it's considerably more complicated than your son just bringing proof of the Rxs to court. Have him turn over those prescriptions to his attorney. I hope you get on top of this very quickly because it's possible that the lawyer... View More

2 Answers | Asked in Banking, Criminal Law, Identity Theft and White Collar Crime for Texas on
Q: Is there someone that can be held responsible for the headache this charge has caused me?

About myself: Besides a dismissal back in 2006 for Driving with Invalid License, and now this case, I have no other criminal history.

Recently, I was arrested due to having a warrant for one charge that was due to 2 hot checks I supposedly wrote at HEB, back in 2018.

I was confused... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 9, 2022

Generally, a person has to pead guilty or "no contest" (which is the same thing as pleading guilty) in order for them to be placed on probation. And if you pleaded either of those, I'd say you are really out of luck. Then I would ask why you would do such a thing knowing you were not... View More

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: Ok my husband has a problem right now he is having to go back to court for a drug charge that he had got 2 years

Ago but before that he got a 400-200 charge and he did do his time they gave him 2 years but they were supposed to run them together but we just found out they did not so almost 3 years later there trying to come back and give him more time I had called the police where he got the charge and they... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 3, 2022

You know what to do, hire a good criminal lawyer. If you cannot afford to hire a lawyer, ask the court to appoint one for him. This is a no-brainer!

1 Answer | Asked in Domestic Violence, Criminal Law and Constitutional Law for Texas on
Q: After a family violence arrest can the right to purchase a firearm be reinstated?

My husband was arrested for a felony assault charge from his ex wife. The alleged assault was said to have happened when my husband supposedly closed a car door on his ex wife leg. This happened in 2011 right after their split. The alleged assault never happened and because of lack of evidence on... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 1, 2022

An arrest which does not result in convictioin or probation will not keep your husband from purchasing and possessing a firearm.

1 Answer | Asked in Criminal Law for Texas on
Q: How long does it usually take the state to come with a offer for a 3rd degree felony possession charge?

My husband has been in jail since June on a poss. of a controlled substance of meth over 1<4. His court appointed lawyer has not seen him at all but he has had an arraignment and they set a pre-trial but the day of the set date they reset it and when I call to see whats going on they say they... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Dec 15, 2021

Has your husband been indicted? Most DAs in Texas will not take a drug possession case to the grand jury to seek an indictment until they have received a chemical analysis forensic report of the substance from the DPS forensic lab or other private lab under contract to provide such analyses. These... View More

2 Answers | Asked in Criminal Law for Texas on
Q: I invited one dude to come to my house to fight but he invited two other dudes and they tried to jump me

In my property can I press charges against them for assault and the cops said I can’t arrested them because you invited them but I only invited one person

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Dec 15, 2021

I agree with Mr. Dones answer from last week. You seem to have issued a limited challenge to one person which would generally give that person the defense of consent in a criminal case. However, as Mr. Dones pointed out the other two assailants had no such fight challenge from you that could... View More

View More Answers

1 Answer | Asked in Criminal Law for Texas on
Q: Do the complaint, the indictment, and the judgment of conviction have to all match?
Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Dec 7, 2021

Well, clearly, they don't have to match each other word for word. Complaint is usually the longest document of the three and contains more factual data than is required in an indictment or a judgment of conviction. The complaint certainly has to contain facts that could lead to an indictmen,... View More

2 Answers | Asked in Criminal Law for Texas on
Q: A woman wants me to send her money, said she is hungry and stuck, needs money for a flight to USA.

Said Army left her there with others, says she is a millionaire ( 3.6 million ) but the banks won't let her access her account cause she said she made a agreement with them not to use her money while she's there ( Kabul, Afghanistan ) Says she has another account of all her military pay... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Dec 7, 2021

I think you should send your money to me. I guarantee I am a better woman than she is- any day! (Actually, I am an old man. but "she" probably is ,too.

Okay, this is definitely a scam. It's a variation of the Nigerian royalty scam that's been around for years. Do NOT...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.