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Questions Answered by Michael Hamilton Rodgers
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... Read 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... Read more »

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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....
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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,... Read more »

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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?... Read 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... Read 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.

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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,... Read 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... Read 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... Read 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... Read more »

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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... Read 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... Read 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... Read 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... Read 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... Read more »

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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,... Read 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... Read 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...
Read more »

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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for Texas on
Q: What can a defendant do about a court appointed lawyer who never contacts me or responds to emails ?

You email judge but he refuses to reassign another one. Calling the BAR doesnt help my case, n wld only piss them off. Im not looking to file a complaint, i just want a lawyer who's not disgruntled. I understand that im just another case to them, but for someone whos never been caught up in... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Dec 1, 2021

Well you actually seem to be complaining about someone who probably isn't even your lawyer anymore. I say this because the way you describe your legal situation, that first court-appointed lawyer probably has withdrawn as counsel in your case and he probably feels like it would be improper for... Read more »

1 Answer | Asked in Contracts, Criminal Law, Family Law and Real Estate Law for Texas on
Q: Ohk. 5years I've been with Matthew in total. First 2 years we lived in the same house as his grandparents.

I claimed they had mold, they told me I had to get a mental evaluation or I'd be evicted I knew I wasn't crazy refused and was evicted. Shortly later I was let back into the residence. For about another year I was called crazy this and that so went to FL. For mental rehabilitation. So... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Dec 1, 2021

Well, here's the problem. You haven't asked a question or sought any legal analysis from us. I really don't like to assume that I can read your mind and determine what is is you want to know. However, if you want to know whether you can be kicked out of this residence, then the... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If passenger is unaware up until the moment of the hit and run resulting in death, can they be charged?

Say, for instance, the passenger is falling asleep when the driver decides to run someone over. Can the passenger face any charges?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 30, 2021

Yes, it's possible. For example, if after the hit and run the passenger directs the driver to a spot where driver can hide his vehicle and have it repaired show the damage won't show. Passenger can be charged.

1 Answer | Asked in Criminal Law for Texas on
Q: What can happen to the passenger if someone ran another person over and that person died? Can the passenger be charged?

If someone commits a hit and run, with a passenger in the car, and the victim dies due the injuries, can the passenger have charges pressed against them?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 30, 2021

Whether the passenger can be charged depends, as in all cases, on the facts of the case. But yes, this can happen. Example: Passenger encourages driver to race the other car and when driver does this, his car hits the other car in the rear. Driver wants to stop and help the other person, but... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: facing 3 charges aggravated assault with the deadly weapon, Assault on a peace officer , harassed me on a piece officer

Houston tx

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 30, 2021

Please ask a question, otherwise there is no way to answer your submission.

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Texas on
Q: Is holding a mentally I'll person 27 months and not indicted cruel and unusual punishment

Filed by indictment was his book in..is that a legal indictment or does the grand jury have to indict him. He also was not evaluated within 24 to 72hrs. Can I file a writ of habeas corpus

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 29, 2021

If the person is being held on a felony offense, then, yes, the person has a right to be indicted by a grand jury before the State of Texas can prosecute him for that felony. The only exception to this rule is that an accused person in some cases may be allowed to waive (give up) his right to be... Read more »

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