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Questions Answered by Michael Hamilton Rodgers
1 Answer | Asked in DUI / DWI for Texas on
Q: How much bond for failure to appear in court for the second time in Texas for a DUI

The original DWI bond was 1000. Failure to appear in court the second time was 5000. What approximately would

it be to bond out for failure to appear the second time? I'm the only one that can bond myself out (I'm too high

risk for the bail bondsman) so I am bringing... Read more »

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

This is very simple. Hire a lawyer immediately and have him or her take you to court to arrange the new bond. The actual amount of your new bond depends on many things that only a good local criminal lawyer can successfully communicate to your prosecutor and your judge. Don't try to do this... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a victim talk to the person that's out on bond ?

My lady bonded out she said she couldn't talk to me im. The victim? Want to no

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

If you really want an answer to a legal question, I think you should explain you situation more clearly. (And in the interest of clarity, I suggest you not refer to this woman as "my lady" or you might find the Sheriff of Nottingham coming into Sherwood Forest to get you, too!)... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: Can a person be charged with possession simply because they are in the car with someone and drugs are found under them?

If drugs are found under the driver seat of a car and the driver is the owner of the car, can the passenger be charged with possession because the driver/owner refuses to take ownership? If so, how likely is a case like that to stick?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 14, 2021

You wouldn't be asking this question if this fact situation hadn't already occurred. So you know the answer already. The passenger(P) can be charged with possession. (If the assumptions I'm making are incorrect, then disregard my answer.)

If the P is charged based solely on...
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1 Answer | Asked in Criminal Law for Texas on
Q: If the police have a felony warrant to serve you, do they need probable cause to pull you over and arrest you.

The sheriff’s department follows me for 5 miles then 3 Sheriff’s Tahoes pull me over and says you have a felony warrant. I told him I don’t know what he is talking about and could I see a copy of it. He doesn’t have a copy and I said but, that is why 3 of you are pulling me over? He said... Read more »

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

No, police do not need probable cause to pull you over and arrest you if a felony warrant exists for your arrest. Probably the reason they followed you for 5 miles (how long did they follow you, about 5-7 minutes? )before pulling you over is they were in the process of trying to confirm the... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence, Legal Malpractice and Municipal Law for Texas on
Q: Can the victim can do anything about the lack of victim's rights offered and police & prosecutor not including evidence?

I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge... Read more »

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

Sounds like your ex might have a relationship with the police of which you unaware. When certain people seem to get away with sketchy behavior time and time again, it often turns out they are working with the police. He may be a cooperating witness who the police just can't seem to control.... Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: Can someone put bogus charges on you to get a warrent issued.

The bogus charges were taking off.Can they use those bogus charges later?

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

Unfortunately, the answer is yes. It happens all the time. Isn't that what happened in your situation?

1 Answer | Asked in Constitutional Law, Federal Crimes and Small Claims for Oklahoma on
Q: So during covid and everyone one was supposed to stay in their home two weeks lockdown I was kicked out of mine for two

For two months I was kicked out by the judge when my roommate filed protection order which I later proved it all to be wrong and falsified to wear to judge turn around and put one on the roommate I had no clothes except for what was on my back that I was allowed to get nothing and at that time you... Read more »

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

Wow, you really are going to need a good lawyer.

1 Answer | Asked in Criminal Law for Texas on
Q: Husband has pretrial coming up the 25th all 3 charges are misdemeanors.Hes been locked up since July 1st

What are the chances he will get time served? They are giving 2 for 1 and he does have to be reinstated on his probation which he had six months left on that

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

There is no way for attorneys who are unfamiliar with your husband's cases to have a clue whether he will get time served or serve a 1 year jail sentence. You haven't even told us what the charges are. The truth is, any lawyer who could know the answer to your question would be burned as... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: My son is under investigation for aggravated assault and cop keeps calling wanting me to take him for fingerprints.

He was defending himself and the girls he was with as this kid was going around the park bullying and assaulting girls. Touching them. My son who is 14 told them to back off multiple times and he shoved my son who in turn punched him. The kid ran to his dad who called the cops because he said my... Read more »

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

Next time the officer calls tell him you will not be able to bring your son in. When he asks why you can't bring him in, tell him "a lawyer advised me not to".

I'm a lawyer and I am advising you not to take your son in to be fingerprinted. Then you should hire a lawyer...
Read more »

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2 Answers | Asked in Criminal Law for Texas on
Q: My husband is charged with aggravated assault of a family member, he has a lot of mental health issues he needs help

He needs an attorney that will fight to get him mental health help and not being institutionalized because that will do nothing to help him. He has no money and lost his job because of it. I’m not sure what to do because I’m the victim and he cannot have contact with me. His court appointed... Read more »

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

You can go to the court that issued the protective order and tell the judge that you want the portion of that order which prohibits your husband from talking to you removed from the protective order. That way you should be able to speak with him on the phone.

You could also go to the...
Read more »

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1 Answer | Asked in Criminal Law for Texas on
Q: To Mr. Rogers

Is that considered a civil matter

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

I assume you're asking me this because I answered your original question submitted to Justia. The problem is, I don't know what your original question was. Please copy and paste your original submission along with my answer so I can answer your present question.

1 Answer | Asked in Criminal Law for Texas on
Q: Will the judge lift my warrant if my attorney is there or would I go to jail?

I recently got a warrant for failure to appear and its remained without bond. My court appointed attorney assigned me a new court date & told me to go in with them to see if the judge can uplift my warrant.. is there a possibility that the judge will uplift the warrant or will I be sent... Read more »

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

This is a question other lawyers would probably do well not to answer. This is the kind of question to ask your attorney. He will likely be able to give you the most knowledgeable answer, even if it is that he doesn't know. No lawyer can predict what a judge will or won't do in any given... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What can be done if my name is not correct on my legal paperwork?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 30, 2021

In most cases it doesn't matter if your name is misspelled. So long as it's clear that it is you that the incorrect name refers to, there's no real reason to worry about it. Now if it is misspelled in the charging instrument (e.g. in the indictment if it's a felony or in the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Texas on
Q: I NEED HELP ON PROVIDING IMPORTANT INFO ON AN INMATE CURRENTLY IN JAIL, ARE THERE ANY SOURCES OR RECOMMENDATIONS
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 29, 2021

What kind of information are you trying to provide? The answer to that question will lead you to the people you should speak with. For example:

If you have information that might help the person with their court case, then you should try to contact their lawyer. When you look up jail...
Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: I'm currently serving a 10 year probation for a 3rd DWI offense in Houston, TX. I've been offered a job in McAllen, TX

And based on my current situation if I were to accept the job offer would I be able to move to McAllen? Or do I have to remain in Houston until I complete my probation?

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

Yes, supervision of your probation will be transferred to the new county of residence.

2 Answers | Asked in Criminal Law for Texas on
Q: My girlfriend got charged with poss cs pg 1 gt=4glt200g she didn't know they were in the car how likely are they to drop

The passenger admitted they were his and that she had no knowledge of them being in his possession she thinks they will drop the charges on her I disagree and think she needs an attorney it's a 2nd degree felony

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

Since your girlfriend was arrested, there is very little chance that they will drop the charge against her. The fact that the passenger claimed ownership of the drugs is technically irrelevant to whether she is guilty. Temember, she is charged with possession, not ownership. In Texas and almost... Read more »

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1 Answer | Asked in Federal Crimes, Family Law, Civil Rights and Juvenile Law for Texas on
Q: cps lied in affidavit, lied on the notice of removal, attorney isnt responding to my calls, false drug test ? what to do

allegation were physical abuse, in which in the affidavit my child stated to not be true, presumptive marijuana test when i delivered my child but my baby passed all testing for drugs and mental issues but i was reported by a mental dr that i didnt qualify for mental services. the judge who signed... Read more »

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

We hear these kinds of pleas for help far too often in Texas due to the nature of our system. I won't go into all the systemic problems which contribute to the CPS nightmare which you find yourself in. The good news is this: there is help out there. The bad news is this: the help you need is... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have a family charge against my mom and she lied on the police report saying she has dementia she also attacked me and

All I did was defend myself and I didn't press charges but she lied and press charges on me my lawyer said she can't beat the case but she's a court appointed lawyer do I need to get another lawyer

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

Of course you need to get another lawyer when the one you have says she can't win the case.

The one helpful thought I have is that maybe, since she herself claims to have dementia, she may be incompetent to testify against you. Unless there are other witnesses prepared to testify...
Read more »

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1 Answer | Asked in Criminal Law, Child Custody, Constitutional Law and Juvenile Law for Texas on
Q: Can I be charged if I gave a ride to a minor that i did not know was running away

Sons gf lives with uncle and grandma her mom lives in Mexico she had a argument they told her to leave her mom talks to me ask me to give her a place to stay three days later she went home again with uncle and grandma following day she asked me to pick her up and drop off at a store for someone... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 16, 2021

The answer is "yes", you can be charged if the police have reason to believe you are not telling the truth about how much you knew. Quit talking to the police and get a lawyer. If the police believed you, they wouldn't be threatening to try to convince the D.A. to prosecute you.... Read more »

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