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Questions Answered by Michael Hamilton Rodgers
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... View 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... View 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... View 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... View 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... View 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... View 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...
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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.... View 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... View 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... View More

1 Answer | Asked in Criminal Law and Civil Rights for Texas on
Q: I BELIEVE MY 4TH AMENDMENT CIVIL RIGHGS WERE VIOLATED I HAVE A FELONY CHARGE AS A RESULT

he was my x brother in law he told me to step out of the vehicle patted me down then stuck his hands in my pockets then searched my vehicle i had a cigarette pack and he snatched it from me and found drugs inside the pack he had no reason to do any of this other than to harass me because we never... View More

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

Well, if your ex-brother-in-law didn't have a legal reason to pull you over, then your rights may well have been violated. Even if he had reason for the stop, if you didn't consent to the search of your vehicle and he had no probable cause independent of consent, again, you may have a... View More

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... View 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... View 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!)... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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...
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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... View 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...
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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... View 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... View 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... View More

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