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Questions Answered by Michael Hamilton Rodgers
1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: What does “the court further finds that the attorneys fees & costs should be assessed by the party incurring the same”

My ex took me to court to lift geographical restrictions, modify child support and a few other things in 2010. Everything in the order was awarded to my ex. More child support, geographical restrictions were lifted, and This is what the ordered said regarding attorneys fees- does that mean I have... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 20, 2020

It simply means you pay your lawyer what you owe her and your ex-spouse pays his/her attorney . Generally it means if you don't owe anything to your lawyer, you owe nothing to anyone under this provision of the order. If you didn't have a lawyer, you probably don't owe any attorneys... Read more »

3 Answers | Asked in Criminal Law, Adoption and Domestic Violence for Texas on
Q: So, my question is complicated. I'm the "long lost" son of a murder victim. What info do I have access to, legally?

1979 my mom was was murdered. I was hidden away. Now i'm trying to find mugshots, news articles, transcripts...I am having trouble. What do I do?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 20, 2020

Newspaper clippings can get you started. Unfortuneately, many of Texas' newspapers have gone under, but even if your county has lost its primary newspaper, you can go to your public library and research from there. If you're lucky enough to have access to a still-functioning newspaper, it... Read more »

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3 Answers | Asked in DUI / DWI for Texas on
Q: I was arrested 9/12/20. 3rd DWI. My court date is 11/2/20. My discovery has not released. my lawyer is from the court

I'm worried, being court appointed, I thought I would know what's going on right now. I need to know what my options are?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 15, 2020

The court setting you mention is just the first time your case is set in court, not a trial setting. At the first setting, your lawyer will probably be given the discovery evidence in your case which you can then go over with him/her. Sometimes it takes a few days after the first setting to get... Read more »

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3 Answers | Asked in Criminal Law for Texas on
Q: Sealing a Guilty Plea possible?

Do any of you nice lawyer people know if it's possible that a Class C misdemeanor charge for drug paraphernalia (a ticket) can be sealed if you plead guilty to it? It's over 3 years old and it doesn't show up on a state background check but I want it sealed anyway. It's the only... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 16, 2020

For the result of a criminal case to be sealed in Texas, the defendant must have received a deferred adjudication probation and successfully completed the probation. In these circumstances, after a waiting period whcih varies with the level of the offense, a person can petition the court to enter... Read more »

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1 Answer | Asked in Federal Crimes for Missouri on
Q: How do i report a person impersonating a firefighter
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 13, 2020

By phone.

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Standard Wording for Flights Parents Over 100 Miles Texas

Had a hearing and judge did not make a ruling on no plane change flights. We do not live in a city where this is an option and opposing party is writing in "no equipment change" flights.

Is this standard? They are also asking for "all travel expenses" incurred to be... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 13, 2020

I can answer the first part of your question. A "direct" flight is not the same thing as a "non-stop" flight, which is a distinction I think you are confused about. Any flight that leaves from the correct city and arrives in the city designated by the court order is a... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Can a 15 year old almost 16 go to jail for lying and stealing

I adopted a my ex kid and she is lying and stealing from me I asked why and she says she doesn’t know I told her I would send her to jail and she still stealing and lying I don know what to do

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 12, 2020

Ok, this is simple. Do not call the police on a 15-yr. old child, even if she IS almost 16. Don't ever do that. I'm s criminal lawyer, and I know what I'm talking about.

Call your family doctor and get a referral to a good mental health practitioner who specializes in...
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1 Answer | Asked in Criminal Law for Texas on
Q: If a house is raided it may get busted for methamphetamines and you're nowhere near it or am I guilty of possession too
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

Well that depends on your connection to the house. If you are the only resident and no one else is present when the raid occurs, and the dope is found in a place inside the residence where whoever lives there must be aware of its presence (like it's found on the coffee table in the living... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Military Law for Texas on
Q: Can I still retire from the military if I have a 25 year old domestic violence charge and I'm at 18.5 years active duty?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

This is not a criminal law question, so I cannot answer it. The question, I believe, is more properly a military law question having to do with the requirements for full benefits upon retirement of a person with such a problem in his/her past. It may also matter whether you were convicted (that is,... Read more »

2 Answers | Asked in DUI / DWI for Texas on
Q: DOES A OFFICER HAVE TO FULLY DEMONSTRATE SOBRIETY TEST? IN PARTICULAR THE HEEL TO TOE TEN STEPS AND BACK?

THE OFFICER ONLY TOOK 3 STEPS WHEN DEMONSTRATING. THEIR WAS 20-30MPH WIND FACTOR WITH RAIN HORRIBLE WEATHER MY UNDERSTANDING IS NHSTA PROCEDURES STATE TEST HAS TO BE FULLY DEMONSTRATED. I ALSO FOUND A PREVIOUS CASE WHERE IT WAS DISMISSED DUE TO COP NOT FOLLOWING GUIDLINES/PROCEDURES IE NOT... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

The officer does not have to perform the entire test in order to properly "demonstrate" what he's asking you to do during the test. In Texas, 3 steps seems to be the usual number of steps officers show the suspect in the heel-to-toe sobriety test.

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2 Answers | Asked in Criminal Law for Texas on
Q: can the police execute a search warrant, while the propriter of said address is pulled over on the side of the road?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

"Proprietor" sounds like you're talking about a business, as opposed to a residence. Which is it? Also, do you mean that the police pulled over the "proprietor" or the person was sitting in their car outside the property to be searched?

Generally speaking, police...
Read more »

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3 Answers | Asked in Criminal Law for Texas on
Q: Can the same court appointed lawyer repersent two def people of the same case

They kicked in my door and took my friend and I to jail . I bonded out and we both got the same court appointed lawyer . she has already signed

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

No lawyer, whether retained or court-appointed, should represent two defendants in cases arising from the same episode unless she makes full disclosure to both defendants of the apparent conflicts of interest and both defendants knowingly waive their rights to be represented by their own attorney.

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2 Answers | Asked in Criminal Law for Texas on
Q: My girlfriend got arrested an the police found meth on her person an she was charged with a poss but it was mine can

Can i sign an affidavit saying it was mine to get her charge dismissed

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 27, 2020

You should not do that.It will not work, count on it. If the meth was on her person, she knowingly posssessed it, unless someone put it in her clothing, for example, without her knowledge. If you tried to sell that story to the police or prosecutors or a Court, they might just charge you.... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes on
Q: I was under arrest already and being booked I didn't know it was in my pocket I pulled my pockets

Dropped it in the I paniced thought about it picked it up and handed it to co and got charged brought in on breach of peace and simple posseon of weed in the 1st I'm worrying to death I don't want go back to jail

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 24, 2020

wHAT IS YOUR QUESTION? nEED MORE PRECISE STATEMENT.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: My mother was wrongfully evicted.

My mother lived with her boyfriend for the last year, a week ago he died very unexpectedly (even though he did have COPD among other health issues) and his family not only came in to the house but, kicked my mother out and changed the locks not even 5 hours after he passed. Now she's homeless.... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 24, 2020

I'm sorry but I can't figure out what you're asking. Usually if a person is wronged in a legal sense, it is up to that person to pursue any remedy she might have. She may have some rights to that property, but as she's already been thrown out, it may be too late to get any real... Read more »

3 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is it possible for a 17 year old to press charges on a 20 year old without parents knowing?

I fought a girl, I’m 17, she’s 18 and her girlfriend that is 20, soon to be 21, punched me out of nowhere after the fight. Many people posted it all over social media so I have the video. I did not swing at her or anything she just punched me,pushed a tooth back, busted my lip and now my mouth... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 24, 2020

Yes sir, you can call the police and report the assault. You yourself cannot press the charges, only the State of Texas, through your county attorney's (or Criminal District Attornet's) office, can "file" the charge. Police and prosecutors are generally cooperative about not... Read more »

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2 Answers | Asked in Criminal Law, Federal Crimes and Landlord - Tenant for California on
Q: I believe my neighbor is holding a woman against her will. This started twelve weeks ago. I have been informed it could

Be intercranial audibale torchure. What can I do about this, and how long can someone be incarcerated for, for committing such a crime? Anyone who can help me with this horrible problem, please reach out to me. I have PTSD and night terrors due to this inciden(s)?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 24, 2020

Call the police immediately.

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1 Answer | Asked in Criminal Law and Probate for Texas on
Q: What happens when an inmate says he's being released to someone's house, but that person doesn't live there?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 17, 2020

Do you mean that he tells the Texas parole authorities that he will be living at a house owned by another person, but that person doesn't have anything to do with that house or has moved away from it? If the releasee doesn't know that the house is no longer being occupied by the named... Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Texas on
Q: I have a guy underneath us in are apartment beats floor and yells horrible things at us what can I do
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 16, 2020

If you feel like you just have to do something, you can call police and make a noise complaint. Personally I don't favor bringing the police into situations like this, more likely to exacerbate the problem than to fix it. Your word against the neighbor's is what police would be faced... Read more »

2 Answers | Asked in Civil Rights, Criminal Law and Federal Crimes for Texas on
Q: Is it legal for a drug dog to do a free range sniff search when the police extentionally left the car door cracked open
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 16, 2020

You really haven't given me enough info to answer the question. What drug did the dog smell? If it was marihuana (that's the way we spell it in Texas Penal Code), believe me, the dog didn't need the door to be cracked to smell it. I can smell it with the doors closed, as strong as... Read more »

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