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Questions Answered by Michael Hamilton Rodgers
1 Answer | Asked in DUI / DWI for Texas on
Q: Maybe reduced. But was a deferred adjudication
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 21, 2019

Please ask a question. But just for information puroses, deferred adjudication probations are not allowed in DWI cases in Texas. If probation is granted in a Texas DWI, it is only granted after a defendant is found guilty (i.e., convicted) of the offense, so it can never be deferred.

3 Answers | Asked in Criminal Law for Texas on
Q: I was arrested on bogus stalking charges 145 days ago, I have not heard anything from the courts what do I do?

I can’t have this hanging over my head, I don’t have money for a lawyer, what can I do to help myself?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 21, 2019

Contact the criminal section of the County Clerk's Office in the county where the offense is alleged toi have happened.

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2 Answers | Asked in Criminal Law for Texas on
Q: I’m on probation and am worried I failed my second drug test. What should I expect the next time I go to see my PO?

Neither of the offenses I’m on probation for are drug related. I failed a drug test for the first time and completely stopped smoking, I got tested again about 30 days later and am worried I didn’t pass. I took an at home test and passed two and the third one came up positive for thc. I’m... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 21, 2019

Marihauana is fat-soluble, meaning it can stay in a person's body for several weeks, maybe even as long a 3 months. If you stopped smoking pot immedialtely after the first test, you should be fine, even if it shows up on the second test, so long as it shows a lower score in line with your having... Read more »

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3 Answers | Asked in Criminal Law for Texas on
Q: My son got off probation 1 yr ago for assault now hes in jail for assault w deadly weapon will he get time
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 14, 2019

Your son's new case is a felony. Will he get time? If your son is found guilty as charged, the Court must sentence him to a term of imprisonment. (You seem to be assuming he will "lose" his case. He might win the case.) Even if he's convicted and sentenced to prison, he may still be eligible for... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: What happens if you dont complete 1 of the requirements in your deferred adjudication for theft under $100 in texas?

I have never been arrested before. I was not arrested for this offense, I was given a ticket for theft under $100. I met with the ADA and they offered a differed adjudication. I have completed all required but 16 hours of community service. Everything is due by Aug. 14. What will happen if that is... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 10, 2019

Deferred adjudication means that the finding of guilty has been put off (deferred) for the duration of your probation. If you violate the terms of your probation by failing to perform your community service, the judge can enter a finding of guilt. This would constitute a conviction for theft, which... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: Can I get more time to find a lawyer if I was given a court appointed lawyer a few days before my court date
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 10, 2019

Yes you will be allowed more time to shop for retained counsel if you were appointed a lawyer a few days before your first setting in court. You are unclear about which "court date" you are talking about. If you mean you were appointed a lawyer just a few days before your trial setting, chech with... Read more »

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3 Answers | Asked in Criminal Law and Probate for Texas on
Q: charged whit a 2felony for burgaly habitation first timer I got 2 years defer probation

But they didn't had much evidence as far j know they only had a video me saying if she keep bothering me I was going to do it some boots that where there testify if they where mine i agree cause i was scared i got raped I'm jail the lady that press charges is my moms next door neighbor but tills... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 10, 2019

Sounds like you pleaded guilty or "no contest" (same as guilty plea). If you pleaded guilty pursuant to a plea bargain, there's almost noithing you can do at this stage. There's no "King'sX" in Court. You can't accept a plea offer, get the deal done by pleading guilty, and then sayyou want to... Read more »

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2 Answers | Asked in Federal Crimes and Civil Litigation for Virginia on
Q: Why can I not get any attorney to help a friend who as been sexually abused in federal prison by a member of staff ???

No attorney will take the case they won’t even look into it! All remedies filed up to DC. Bivens filled now waiting defendants to be served. We have substantial evidence the member of staff was dismissed due to misconduct. My friend desperately needs help to bring this lawsuit to court. None of... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 10, 2019

If you're asking why no lawyer will take the case for free, without being paid, the answer is that lawyers are not in business to work free. There are substantial expenses assosiated with federal civil litigation, and are you asking why no lawyer will take it upon himself or herself to fund your... Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: my car is being held on and investigative hold at the impound what can i do

i let my friend use my car to run some errands they ended up going to a verizon store and stole a phone and got into a physical altercation with the store employee and then ran away they dropped the keys and the cops impounded the car and it is on an investigative hold what car i do or is their... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 5, 2019

If the facts are as you claim and you were unaware your friends were headed to the Verizon store to commit a strong-arm robbery, you are an innocent victim just like the phone company. Well, not JUST like the phone company, but innocent nonetheless.

Who told you your vehicle has an...
Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: can visitation by family be denied by a hospital pending an investigation by the county sheriff's office with no reason

son was taken to emergency by EMS the 31st July 2019(wednesday) . WE (parents) followed to emergency waited 21/2 -3 hours, were denied infomation as to son's status. The nest day Aug 1 after my wife's cataract surgury, we went to the hospital entrance and were sent to the on duty police officer and... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 3, 2019

I believe you're asking the wrong question, but I'll go ahead and answer it before I talk about the right question. Certainly there could be cases where a hospital might legitimately deny parents visitation with their son. For example, your son might have requested hospital staff to deny visitation... Read more »

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3 Answers | Asked in Criminal Law for Texas on
Q: If someone is out on bail and has to go back to court what should I do if they threaten to kill me and my family?

They have pictures and videos of me that I never gave them the consent to to take them? They were in jail for 3 months just got out a couple days ago on bail but has to go back to court

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 4, 2019

Call the police and tell them. The person's behavior may constitute a crime, such as witness tampering, if you are a witness against him in his case.

Also, you should contact the prosecuting attorney's office as the person's behavior probably constitutes a violation of the terms and...
Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: If you are out on bail does that mean you can't get an attorney appointed if you can't afford one?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 1, 2019

Being on bond does not necessarily disqualify a person from having a lawyer appointed to represent him/her. The person may have become unable to hire a lawyer because he spent most or all of his money on the bond. Often the person on bond didn't pay for his own release, rather friends or relatives... Read more »

4 Answers | Asked in Car Accidents for California on
Q: Can you approach a driver 2 days later after accident with an estimate when on the day it happened no info exchanged

I accidentally hit a coworkers car in rear bumper when parking mine.

I went into the break room knowing I would see him there. When he came him another worker told him I hit his car.

He jokingly accused me of making a big dent in his bumper which is not what happened. A few... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 1, 2019

Of course he can ask for you or your insurance company to pay for the damages to his car. He has a witness to your driving into his vehicle. Go to his vehicle and take photos of the damage. If the damage still looks like it did just after the accident, you probably should call your insurance... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: my po got is sending me to a detox program. Will having drugs in my system affect my probation

Also if I don't have drugs in my system will it cause me not to get into the program?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 1, 2019

Of course having drugs in your system can affect your probation. However, the fact that your probation officer is requiring you to go to detox means he or she already believes or actually has evidence that you have used drugs in violation of the terms and conditions of your probation. This means,... Read more »

3 Answers | Asked in Criminal Law and Immigration Law for Texas on
Q: I need help getting someone denaturalized.

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Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Aug 1, 2019

Gary Kollin's answer is correct. You can do nothing to get a person "de-naturalized" because no such legal status exists in the United States. Once a person becomes a naturalized citizen, he or she is as "American" as those of us fortunate enough to have been born here. And once a U.S. citizen,... Read more »

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