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Questions Answered by Michael Hamilton Rodgers
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,... View 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... View 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...
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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... View 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 I say this because the way you describe your legal situation, that first court-appointed lawyer probably has withdrawn as counsel in your case and he probably feels like it would be improper for... View 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... View 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... View 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... View 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... View More

1 Answer | Asked in Criminal Law for Texas on
Q: I need some help with advice I did a stupid mistake involved with someone I barelly knew

Leave my house I noticed that I was being watched. I got rid of everything I had. But there still here. I don't know what to do. This has never happened.

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

Of course you know what to do. If you got rid of evidence that you were breaking the law, there's probably no way you're going to get in trouble with respect to that evidence. I'm guessing it was dope of some kind. Unfortunately you broke the law by destroying the evidence. It's... View More

1 Answer | Asked in Consumer Law and Identity Theft for Texas on
Q: Why would a company deny a consumer access to records that involve identity theft?

If your identity was used to file a liability claim and theres an account for compensation in your name, how do you get the claim file for law enforcement when the company is refusing to cooperate?

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

You shouldn't have to get the claim file yourself. In fact, you probably should not get it yourself. What you do is report the theft of your identity to your local law enforcement agency, giving them all the facts which you are aware of. It is law enforcement's job to follow up on your... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Texas on
Q: Do I have to agree to a bail condition with out attorney present?

I have to report as if I am already on probation. I am not guilty for the charge. I did not have counsel at the time and during the arraignment, that judge didn't give it hand that out. I am innocent so I don't feel like this right anyway.

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

You already agreed to the terms of the bail when you bonded out of jail. If you think you shouldn't be required to comply with a particular condition of bond, your attorney can approach the judge in your case and request that the terms and conditions be modified. Good luck.

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1 Answer | Asked in Criminal Law for Texas on
Q: My significant other and I were leaving a Walmart store and apparently the greeter grabbed my friends arm and some words

Were spoken which drew the att. of loss prevention. $94 dollars of items had missed being scanned and even though I was willing to cover what was missing they charged us both with theft.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 21, 2021

Although you haven't asked a question, maybe I can provide you the answer you're looking for. In Texas, theft of property valued at less than $100 is a Class C misemeanor, punishable by a fine not to exceed $500. There is no jail time possible as a sentence for a Class C offense.... View More

1 Answer | Asked in Criminal Law and Consumer Law for Texas on
Q: When I was served a search warrant, they took money and drugs and I just got a check from the city for the money. Why?

The DA said that the money wasn’t received in time and gave it back. They confiscated and charged me for 4-200gm penalty group 1 and 4-200gm penalty group 2. I didn’t not ask for the money back but the police came and gave me this check. I’m suspicious that they would just give money back... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 21, 2021

I think you should re-submit your question and add some facts. You need to specify how much money was returned. It's not unusual for seized money to be returned to the person from whom it was taken, especially if the amount is relatively small. The larger the amount seized, the less likely the... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Prosecutor making bogus threat?

What would happen if I signed a plea deal because the prosecutor was threatening to add a drug-free school zone enhancement to my charge if I didn't? But, later it was discovered by my attorney that I wasn't actually in a drug-free school zone. Would I be able to withdraw my plea deal?... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 17, 2021

This is a very interesting situation you're asking about. Let me see if I can answer some of your questions and maybe shed some light on the questions I can't give a definitive answer on.

First, would you be able to withdraw your plea based on a prosecutor's threat that later...
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1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: If I sign an affidavit stating a gun is mine what will happen and what do I need to do and it's for my husband

We were both in the vehicle and it was closer to me than him cause it was mine he didn't acknowledge it until I told him that I had it in the car with us we got pulled over with our 2 friends to one had a gun with drugs without our knowledge and the other they charged him with a fire arm but... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 17, 2021

So of the four people in the car, you're saying everybody had a gun of some kind except for your husband? And your question, as I understand it, is what will happen to your husband and what might happen to you if you sign an affidavit stating that the gun in question is owned by you. Well let... View More

1 Answer | Asked in Federal Crimes for New York on
Q: Ok if the us feds come to your house with a warremt searching for cloths guns motorcycle and they find drugs not on

Warrent can he be charged for them

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 17, 2021

So long as the warrant is legal, and the search does not greatly exceed the scope of the warrant, then yes, whatever the feds find can be used as a basis of prosecution. A search which greatly exceeds the scope of a warrant would be like where the warrant orders the federal agents to search for... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If I'm on parole and find out I have a warrant ..and I hired a local attorney to find out what the charges are for .
Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 17, 2021

Before we can help you here, you must first ask a question. Please re-submit your inquiry giving more facts and tell us what it is we can help you with.

1 Answer | Asked in Criminal Law and Constitutional Law for Texas on
Q: If i skip bond for 180 days is my case done with?
Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 11, 2021

Well, no. Jumping bond is not rewarded by grating the "jumper" a victory in his case. I mean, as we say in Mexico, el duh!

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I be extradited from OK Jail to TX jail if there is a in state only pick up warrant?

I might be going to county jail soon, and found out that I have a warrant in Texas that's in state pickup only. They tell me it's for EPO violation, and I have a court date set here for EPO hearing too. If the warrant is for in state only will they send me to Texas for that?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 11, 2021

When you received your probation in Texas, you probably, as a condition of that probation, waived your right to fight extradition from another state. The question is not will Oklahoma send you to Texas, the question is will Texas come to OK to bring you back here. This question cannot be answered... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Ex- convicted felon in California charged in 2013 and all records have been expunged. Can I posses firearm in Texas now?

No other charges since

Off probation

Good abiding citizen

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 11, 2021

If you have had all your criminal problems expunged so that your record is totally "clean", the answer is yes.

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