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Questions Answered by Michael Hamilton Rodgers
1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for Texas on
Q: Is there something I can do for my father's felony charge 25 years ago that got him deported

My father was charged with a felony 25 years ago from a drug charge

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 19, 2021

The question is, what do you want to do about that matter? You say your father was charged with a felony drug offense but you don't mention what actually happened to the case? Did he plead guilty? Did he go to trial and lose? Or did he get deported before anything happened in the drug case? If... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: If a judge does not verbally disclose full terms of probation during sentencing does it disqualify the ruling? Texas.

The DA said no jail time, was not written in the write up signed by him, the judge during sentencing did not mention any jail time. After ruling, speaking to the count clerk, I was reading over and she told me it was the same conditions the judge just went over ( court was busy that day). I later... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 18, 2021

So, for whatever reason, you didn't have a lawyer in this case, right? Sounds like the prosecutor filled out the paperwork and failed to include the 72-hour jail stay required as a term and condition of your probation. You signed this paperwork and told the judge you had read and understood... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: friend made parole release 5/21 , got caught w drugs moved to g4 , no store , no ecomm , has to Do 6mth class now aug

Can they hold him that much longer why can’t they start class now instead of august how much more can they take from him he caught COVID in there

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 9, 2021

Sounds like he's somehow been enrolled in SAFP, an in-custody drug rehab. If you are saying that he can't begin the program until August, then that means that there isn't an available spot and he has to wait in line, while in prison, in order to get into the program and then... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: I’m just now being arraigned in June for a charge I was unaware of issued in early 2019. Is this a due process issue?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on May 2, 2021

Yes, a delay in prosecution of more than 2 years might give rise to a denial of due process claim by you. A due process issue is almost always very fact-driven.

One example of a due process violation might be that the State of Texas (its police and prosecutors) failed to diligently attempt...
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2 Answers | Asked in Criminal Law for Texas on
Q: I want to purchase a handgun in Texas. I had a drug conviction back in 1995 and received first offenders pardon.

It’s been over 20 something years s

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Apr 20, 2021

Several years ago, at the Advanced Criminal Law Course, we had a speaker who was a federal prosecutor, I believe, and he said that we defense lawyers should not try to answer this kind of question. He advised telling clients (with your question) to call your local office of the Bureau Alcohol,... Read more »

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1 Answer | Asked in DUI / DWI for Texas on
Q: Hi, arrested for Dwi with child passenger. First time no previous record. Interlock required but I don't drive at all

How can I get out of the interlock ignition? I have a mobile interlock but I don't have a car & I'm not driving at all.

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Apr 4, 2021

You can file an affidavit with the court stating that you do not drive a vehicle and will not drive any vehicle unless and until that vehicle is equipped with with a court-approved ignition interlock device. Make sure you prepare and file the affidavit with the court within the time allowed for you... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Texas on
Q: What happens if you do not get a lawyer after arrest for charges?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Mar 28, 2021

What happens is that every day that goes by without hiring a lawyer is a whole day you have wasted when instead you should be actively pursuing objectives that will lead to the best result possible in your case. Don't complain later about how the system screwed you if you don't become... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: My grandmother rented a car and I was charged with unauthorized use of a motor vehicle.

Her name is listed for renting the car and we was on our way to bring it back.How could I get charge with unauthorized use of a motor vehicle and the car was rented to my grandmother.She didn’t report her car stolen,so how could I get charge with unauthorized use of a motor vehicle?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Mar 28, 2021

You need to get a lawyer and stop concentrating on how you could have gotten charged with this crime and instead start focusing on how to end up with the best result possible.

2 Answers | Asked in Criminal Law for Texas on
Q: can a closed conviction case on "continuous sexual abuse of a child"be re-opened when there was no evidence.it was

basically a he said she said case,appellant was given a plea agreement to sigh under duress by two officers that were at that time under investigation

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Mar 6, 2021

Usually, when a defendant pleads guilty in a case, the case cannot be "re-opened". There is no "Kings-X" in court.

However, if the defendant can establish that his plea was "involuntary" due to duress, such as improper threats or similar coercion, then a court...
Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Evidence

I am victim of domestic violence. I sent evidence in to District attorney. Will the photos be presented in court? Will the defendant know about the evidence and be able to see the photos in court?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Mar 6, 2021

The defendant will have access to all the State's evidence, including the photos, usually no later than the first setting of the case in court. This first setting usually comes months before any trial setting, so the defendant will have knowledge of and access to those photos even if he/she... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will I get in trouble for accidentally sending in the wrong evidence?

I am a victim of domestic violence. I accidentally sent in the wrong photos for evidence to the district attorney. The photos were from a whole different assault. I plan on calling DA to inform. Will I get in trouble for sending in wrong photos by accident?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Feb 26, 2021

You will not get in trouble for sending in the wrong evidence so long as you promptly notify the DA of your simple and wholly innocent mistake. The only way you'd ever get in trouble over this is if the DA believes you sent in the wrong evidence on purpose and are only trying to withdraw the... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Need to know why an inmate has a bond 390,000 for 3 misd. And 1 felony

His gps was defective and pretrial kept saying he was leaving his home

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Feb 25, 2021

Sorry, not nearly enough information to begin to try to answer your question. That said, there are some counties in Texas that use the bond system to punish accused persons, a practice that is wholly illegal. Or maybe your inmate deserves bonds a war criminal might expect.

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3 Answers | Asked in Criminal Law for Texas on
Q: I was arrested on 4/20/2020 for possession of controlled substance. Wasn't indicted till January 7 2021.

I was wondering what the statue of limitations is for filing an indictment. Also I have been requesting an attorney, court appointed, since I was arrested , and they have refused saying that I can't get a lawyer until my case is filed. I got a call on January 30 saying I have court on the... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Feb 4, 2021

The filing of your case is well within the Statute of Limitations, assuming that your upcoming court setting is the result of your case being filed. What the exact Statute of Limitation is in your case cannot be determined from the information you included in your question.

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2 Answers | Asked in Criminal Law for Texas on
Q: If I didn’t live in a house and there were drugs there and the owner of house claimed them would I get cleared from it?

Was sleeping in bf house when law came&arrested me for warrant. Also charged with possession of control sub bc there was a sack of dope on his night stand. He is willing to sign an affidavit stating they were his Would that clear me from the charge bc i was scared And half asleep and told them... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 24, 2021

I'd say no, it won't clear you. You confessed in a manner which appears to be voluntary. Sounds like you just said the drugs were yours without even being asked? If that's the case and assuming the officers were in his house legally, then your confession counts. There's no... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Hello. My question is... what if you have a misdemeanor on your record and want to get into Law school?

I was harassed by a man at a restaurant and the public called police to help. As I was leaving to get away from him I was walking away on the sidewalk when a police officer came from behind me and grabbed me. I didn't know it was an officer and back kicked him. I was arrested and let go on a... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 22, 2021

What do you mean when you say you were "let go on a misdemeanor"? If the case was filed as a Class A misdemeanor, the State Bar will be very interested whether you pleaded guilty. Saying you didn't know he was a poice officer when you back-kicked him is the same as saying you were... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: I’m looking for case law after 1985 for jurisdictional defects in controlled substance indictments in Texas particularly

Indictments that don’t name a substance or penalty group

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 18, 2021

I'd like to help you here but you haven't asked a question. Without any clue as to what you're trying to accomplish, any substantive attempt to give you an answer would be be more likely to confuse you than to enighten you.

You won't find a whole lot of caselaw on this...
Read more »

1 Answer | Asked in Family Law for Texas on
Q: Hello, my question is about having a marriage annulled.

In Blount county Tennessee on April 20, 2018 we were married. She was 44 and I was 24. We separated and I moved back to Texas on July 23, 2018 (lasted 3 months and 3 days)

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

That is a question of Tennessee, not Texas, law.

1 Answer | Asked in Criminal Law for Texas on
Q: What does misc offense - no code mean when looking up what someone was arrested for?

It also has XXXX where the warrant number is.

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

If you will state the offense your trying to get information about, I can probably help with that question. The fact that that there is no code means just that, there is no code input into the person's information. The "xxx" in the warrant number generally means that there is no... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: Does court have jurisdiction over a indictment of possession of a controlled substance if the indictment doesn’t name a

Substance

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

A possession of controlled substance indictment which does not specify the controlled substance involved is subject to being "quashed" when and if the defendant files such a motion. To the extent that the court has jurisdiction to quash the indictment, it doew have jurisdiction (i.e.... Read more »

2 Answers | Asked in Family Law for Texas on
Q: My ex gf is pregnant, it could be mine, how do I proceed with a paternity test, what are my rights and responsibilities

My ex girlfriend approached me in early December saying she is pregnant. There is a chance that it could be mine and she says it is, but I would really like to be certain before taking further actions. What steps need to be taken on my end for a paternity test? I have a feeling she will not want to... Read more »

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

While hiring a lawyer and having the lawyer file a Motion to Adjudicate Paternity is the surest way to go to get your answer, if it was me, I'd ask her for paternity testing of the child (in utero) and you and then if she agrees, both of you go to a reputable testing facility (one used... Read more »

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