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Questions Answered by Michael Hamilton Rodgers
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...
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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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1 Answer | Asked in Criminal Law for Texas on
Q: My grandson was shot and killed on Dec.12,2020 in his apartment by his girlfriends father.

It's a long story but the police haven't arrested him yet but it is coming. They have released my grandson's name but not the killers. Is there anything keeping me from putting his name out to the public?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 10, 2021

I'm very sorry for your loss. You are free to put your grandson's name out to the public so long as there is no court order prohibiting the release of his name. The question I have is why aren't you asking the police agency this question? There are many reasons why the release of the... Read more »

2 Answers | Asked in Juvenile Law for Texas on
Q: 16yr moved in with his aunt and now wants his paper work, but I am his legal guardian,what do I do ?

the boy is my brother in law, his parent s passed away and our home burned down. he left to live with his aunt by choice, and now wants his social and birth certificate. can I give him his stuff without going through a lawyer or court? or can he use it against me in a case of any sort?

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

You can give him his social security information and also his birth certificate. I would give him copies, not the originals, especially if he's still a child or if he's in any way likely to lose the originals. If there's anything on the birth certificate that might be upsetting to... Read more »

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: If I have someone that knows the date of marriage was falsified on my marriage license what can I do. I left my husband.

I know the date was falsified. My grandfather was the preacher but he passed away 4 years ago.

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

What is the problem with having an incorrect date of marriage on your license? Were you too young? What do you want to do? If you've left your husband and there's no reasonable expectation that you will get back together, sue him for divorce. If you think your marriage might be void or... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I'm trying to get a police report of a disturbing incident told to me by my 7 year old daughter.

I'm trying to get a police report of a disturbing incident told to me by my 7 year old daughter and was told by HPD that I would need to get a judge to subpoena the records because my name is not on the report. Can you help me with this process? I need these records immediately.

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

You don't have a right to get a copy of the offense report, assuming there is an offense report, but you do have a right to get a copy of the incident report if one was generated. Contact the public information office of the Houston Police Department. I usually just go to police headquarters... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: My first drug charge the plea deal is 5 to 10 i am on probation for theft should i take the deal?

My boyfriend as well admitted it to being his they want me to take 5 to 10 and my boyfriend 10 to 15 same charge for manufacturing and delivery even though it was not in individual bags we admitted that we were kinda stocking up cause lock down since covid i am on probation for theft this is both... Read more »

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

Not until you discuss this matter in depth with your lawyer. If you can't afford to hire a lawyer, ask the court to appoint you one.

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Indv commits intentional disaster fraud, defaults property tax now claiming new home Harvey destroyed home 17,000.00.

Protective orders used to commit thefts police giving criminals half property is that legal

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 25, 2020

I answered the other question before I saw you asked this one. Now you have introduced a new and important fact that makes the police inaction more understandable. If relief was granted to your "victim" because of damage caused by Hurricane Harvey, then it's very likely that the... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: Protective order issued then commits disaster fraud 2017 $17,000.00 while veteran contractor is unknownlly arrested on f

Police refuse to take formal complaint by victim is this legal? Criminal 8 protective order attempting to take new home by accusing victim of abuse did not happen

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 25, 2020

If you're asking if police can legally refuse to file a case based upon a person reporting that a crime has been committed, the answer is "yes". There are many reasons why the police might justifiably refuse to file criminal charges when they receive a report that someone has... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: In a uumv they did not arrest me with possion of the truck and when i did have the truck i had the keys but furthermore

I had permission to begin with

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 22, 2020

So what is your question? If you're saying that you are being charged with UUMV and you had permission of the vehicle's owner to to use it, all you are saying is that you believe you have a legal defense to the charge. That's a good thing , but doesn't mean you automatically get... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Are cops allowed to enter your house without permission of you if you have a blue warrant and they think your there?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 13, 2020

Yes, they can enter without permission after stating the authority under which they are acting (the warrant) and who they are.

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Protective Orders, does a custody order granted through a motion to modify the order expire with Protective Order.

Wouldn't the Custody Order supercede the Protective order per 85.009 of Texas family code? A Final protective order was granted against my ex on my daughter's behalf. I was named at the time to have exclusive possession. My ex filed a motion to modify the protective order asking that my... Read more »

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

What your ex is saying about the order is not going to control the case obviously. However, in order to answer your question, I would have to see the actual orders, all of them, that have been entered in the case. You need to get those orders to a family lawyer quickly or you, your daughter and... Read more »

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1 Answer | Asked in Identity Theft for Texas on
Q: It my first time. I will get out if court give me fine or probation ? For 31.03(e)(4)(D) THEFT PROP <$2,500 2/MORE PRE

That My first time they should give me pay fine and probation??

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

Please be more specific. How can you say it is your "first time" if you have 2 previous theft convictions or probations? I'd say if you have 2 priors you are likely to be prosecuted fully, in the sense that you may not be offered probation at all. You should contact a qualified... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I caught my fiancée cheating so I went to his apartment. I never stepped in, but I did knock. Is it tresspassing?

He never asked me to leave. She did and he pointed a gun at me, but he wants to press charges on me for being at his apartment complex

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 4, 2020

no, it is not.

2 Answers | Asked in Criminal Law for Texas on
Q: Is it legal for a document to have facts of a case marked thru, have something else written in its place & not initialed

And if its not, then what gets done about it. I'm talking about two very important facts. The date of offense being one of them. It was marked through, another date written in & not initialed. I just want to know what kind of Justice gets done when something like that happens. Does the... Read more »

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

Not only is is legal to mark thru and overwrite info in a document, it is encouraged. If you think about it, this document-changing indicates that the document has been reviewed and a correction has been made to make the information contained therein more accurate. And because the information has... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I've been live in Texas and I have a 10-year-old son whose father took me to court about five or six months ago.

He did not tell me when the court date was so obviously he was granted everything he asked for. Which included taking my child support away and asking me to pay $100 a month. But about 3 weeks later he turned around and gave me back my child for me to care for a full time. He's going against... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Nov 30, 2020

The father doesn't have to tell you the court date because when you were served with the lawsuit, there should have been a notice of hearing telling you where, when and what time the case was set for a hearing. So you should have known when the court date was because it should have been right... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: Is there a time limit to go to court? I was arrested in May2020 Henderson County Texas

Busted for under 4 gms but over 1 gram. Never been in trouble 61 yrs old

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Nov 30, 2020

You didn't say what the dangerous drug or controlled substance was and that matters with respect to the statute of limitations. It seems that you're talking about some kind of "powder drug" like methamphetamine or cocaine or possibly heroin. Whatever the drug was, the prosecutor... Read more »

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