Michael Hamilton Rodgers

Michael Hamilton Rodgers

  • Criminal Law, DUI & DWI, Domestic Violence...
  • Texas
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Practice Areas
  • Criminal Law
  • DUI & DWI
  • Domestic Violence
  • White Collar Crime
  • Family Law
Jurisdictions Admitted to Practice
Texas
State Bar of Texas
ID Number: 17136700
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5th Circuit
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U.S. District Court, Eastern District of Texas
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U.S. District Court, Northern District of Texas
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U.S. District Court, Southern District of Texas
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U.S. District Court, Western District of Illinois
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U.S. District Court, Western District of Texas
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Education
University of Texas - Austin
J.D. (1975)
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Activities: Elected Secretary, Student Bar Association, 1975.
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North Texas State University
B.A. (1972) | Philosophy (major); Political Science (minor)
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Activities: Elected President of the Philosophy Club 3 times.
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Professional Associations
State Bar of Texas
Member
Current
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Legal Answers
15 Questions Answered

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?
A: 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 stopped using.
Q. Maybe reduced. But was a deferred adjudication
A: 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.
Q. I was arrested on bogus stalking charges 145 days ago, I have not heard anything from the courts what do I do?
A: Contact the criminal section of the County Clerk's Office in the county where the offense is alleged toi have happened.
Q. My son got off probation 1 yr ago for assault now hes in jail for assault w deadly weapon will he get time
A: 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 community supervision instead of actual incarceration. Hiring a good attorney is the best way to minimize the risk your son will get a bad result and end up in prison. If you cannot afford to hire a lawyer, it's very important to ask the Court to appoint a lawyer to represent him as soon as possible. Don't wait until he's indicted or gets his notice of first court setting. Ask your county's District Clerk's Office how to go about requesting appointed counsel now.
Q. What happens if you dont complete 1 of the requirements in your deferred adjudication for theft under $100 in texas?
A: 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 is a crime of moral turpitude. It can never be expunged or even sealed, assuming your an adult. Instead of writing this question, why aren't you out performing your community service? you have 4 more days. Plenty of time to get it all done.
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 ???
A: 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 friend's case? Very few lawyers I know are financially capable of taking on such a case on ,what, a contingency basis? Your friend may very well have a good case. But just because he may be eligible, not "entitled" BTW, to damages, that is no gurantee a jury will award him those damages. Check with the Southern Poverty Law Center for your best shot at getting him represented. Also ty ACLU. Not the answer you hoped for, I'm sure, but it's the fact of legal life that not all good lawsuits attract lawyers.
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
A: 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 the appointed lawyer about your rights, he or she is who you should be asking questions like this.
Q. charged whit a 2felony for burgaly habitation first timer I got 2 years defer probation
A: 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 change the result. You waived your right to appeal, correct? Also, on an agreed plea, you have no right to appeal to begin with. Judge can allow you to appeal, but judges rarely do this. Things are different if you filed pretrial motions which were denied after a hearing. In that case, you have a right to appeal the ruling usually. Did you file a motion to suppress the evidence or a motion to dismiss the case for any reason?
Q. my car is being held on and investigative hold at the impound what can i do
A: 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 investigative hold on it? If it was a guy who works at the impound lot, he's probably telling you the truth. Police sometimes DO put an investigative hold on an impounded vehicle, but it's almost always a lie. The reason is this: cops have to be pretty incompetent to need more than an hour or two to process a vehicle for evidence. If a detective or other police officer told you there's an investigative hold on your car, he's almost certainly lying to you. Did he tell you not to worry about impound charges (because as long as there's an investigative hold on it, there are no daily "storage" fees)? You said your friends "dropped" the keys? You sure they didn't throw them at a cop to slow him down? The last time I heard a similar tale, the poice were really mad at my client. They told his poor wife they were investigating the car, but fees wouldn't even begin to accrue until the hold was lifted. In that case the detective was flat-out lying to the innocent wife. She believed the cop and left the car in the impound over the weekend, only to find out they sold the only transportation she had early Monday morning at auction for pennies on the dollar. Just to harm her and her husband. You should get a lawyer and have her get hold of a judge and get that vehicle released. Even if the judge won't intervene, at least the police will know a judge is aware of the situation. Might save you having to buy another car. Sad when you have to decide if the cops are the good guys or the bad guys on a case by case basis.
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Contact & Map
Law Office of Mike Rodgers
6220 Gaston Avenue
Suite 400
Dallas, TX 75214
USA
Telephone: (214) 999-0900