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Questions Answered by Michael Hamilton Rodgers
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 »

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

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... Read 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... Read 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... Read 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... Read 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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1 Answer | Asked in Civil Rights and DUI / DWI for Texas on
Q: My fiancé was arrested for DWI and the officer tried to take his blood himself at the police station. Is this legal?

He was arrested for dwi in 2018. He is diabetic and police wanted to take blood to get his BAC. The cop tried to draw his blood himself in the police station himself and kept missing his vein. He has been waiting since 2018 to get a court date and it kept getting pushed out. We finally found out... Read more »

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

What should you do now that your boyfriend's case has been "dropped"? You both should thank your lucky stars that the nightmare is over. If you think about suing the police, go talk to a civil rights attorney. I doubt you'd be able to get a good lawyer to take the case without... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: I have a class A misdemeanor for trespassing that I haven't taken care of. It was a class b. But now its showing class A

At the time I was experiencing psychosis. Prior to this I have never gotten in trouble. I dont know What to do. I'm currently in treatment with the veterans affairs.

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 12, 2021

You say you're in treatment with the V.A. so after you were arrested, you were released from custody on bond. So if you've missed your initial court appearance, then there's likely to be a warrant out for your arrest. And if you paid a bondsman to post a surety bond to get you out of... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: My cousin was charged with smuggling in Crystal City, tx. He has never been in trouble. Could he get off w/probation?

He was convinced to give a ride to some people he didn't know by a friend of a friend. Being young(21), he did it for the money, not thinking of the consequences. The friend was driving his car when they got pulled over and they both got arrested. What the chances of him getting off or getting... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Oct 31, 2021

If this is a federal case, he sounds like a minor player in the criminal operation. It is imperative that he searches out and hires an experienced criminal defense lawyer with substantial federal court background. He should not, repeat not, try to hire an ex-federal prosecutor in the hopes that... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: My ex-husband is currently in jail on a MTR. He had a hearing for motion and order to dismiss. What does this mean

His original charge was F/V impeding breath in Texas. He was on probation for 2 years and got a violation for poss. Of Marij. So they revoked him and jailed him. He’s been in jail for a few months now with no bond, he has a MTR hearing in November. But recently had a motion and order to dismiss... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Oct 19, 2021

You are incorrect when you say "they revoked him". They did not revoke his probation. They (the prosecutors in his case) filed a Motion to Revoke his probation and he is waiting for his hearing on that motion. Only the judge in his case can revoke his probation.

You should ask...
Read more »

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Can I file a lawsuit against the police department for a false arrest?

Was exercising my freedom of speech on a public sidewalk. Someone called the cops said I trespassed which I didn't. I had everything filmed on a body cam. Officer shows up and arrests me for a noise ordinance violation. We then get to the jail and he changes the charges to criminal trespass.... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Oct 19, 2021

Of course you can sue. But I think you're asking the wrong question. The correct question is, " Should I sue this officer and /or his police department?" If you think it was a colossal pain in the rear being arrested and then having that case hanging over you for 2.5 years, you... Read more »

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1 Answer | Asked in DUI / DWI for Texas on
Q: How does a DWAI conviction in New York affect my Texas driver’s license. Will my Tx license be suspended??

My case is currently being pleaded down to DWAI, in New York, that is a traffic violation w/a BAC of .07. Texas does not have an equivalent. My New York attorney is unable to council me on how it will affect the Texas driving privileges.

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

In both New York and Texas, a DWI can mean that the driver is legally intoxicated, with a blood alcohol content of at least 0.08 percent. Under NY law, DWAI means "driving while ability impaired, either by drugs or, in your case, by ingestion of alcohol which results in a BAC (blood alcohol... Read more »

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