Michael Hamilton Rodgers

Michael Hamilton Rodgers

If you haven't been caught, get caught. And when you get caught, call me!
  • Criminal Law, DUI & DWI, Domestic Violence ...
  • Texas
Badges
Claimed Lawyer ProfileQ&AResponsive Law
Practice Areas
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
    DUI & DWI
    Domestic Violence
    Domestic Violence Criminal Defense, Domestic Violence Restraining Orders, Victims Rights
    White Collar Crime
    Family Law
    Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex 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
157 Questions Answered
Q. Do I have to disclose an expunged record during a name change?
A: The expungement of a case doesn't merely hide it from view, the expunction acts like a sci/fi time machine taking you out of this universe and depositing you in a nearly exact copy of your "home" universe. After an expunction is granted, you find yourself in a place where that case never happened. You do not have to, and you should not, ever mention that case again. Doing so actually brings it back into existence, in a manner of speaking, by the very fact that you have referenced it.
Q. Do I have the ability to remove something on my record if it was just an arrest, and I wasn't convicted?
A: What Mr. LeGrande said is correct. To be clear in your case, it sounds as if no "formal" charges were ever filed. You don't say what "level" of offense you were arrested for, but the severity of the underlying facts determines the time frame whe you are able to request an expunction. You should absolutely get this off of your record as it will very likely cause you problems the rest of your life if you do nothing. For example, you might (and probably have been already) denied other employment opportunities. Prospective employers often do not mention why you didn't get hired, even if you ask them nicely! Also, your credit rating probaly is being harmed by this arrest. You can check this online, although I don't suggest checking your own credit unless you know what your doing. Sometimes just checking can lower your score. Your ability to get a higher security classification is definitely something that can occur because of arrests that are never removed. Also, an added reason to take care of this is that assault is a violent crime and involves moral turpitude. That means that assault is wrong (or immoral) by its very nature, which implies serious negative character traits. In contrast, possession of marihuana is a crime, but not a crime of moral turpitude. This means that small amount of weed possession does not imply you have a negative character trait. Weed possession is only "wrong" because the Legislature has made it a crime, not because there is anything inherently criminal about the offense, other than the fact it has been made illegal. Call a criminal lawyer as soon as you can to get the ball rolling on this. You're the only one who can do it, no one else can or will step up to fix your problem without affirmative action on your part. And good luck.
Q. Victim file false police report
A: There's no legal reason why you can't do both. There are, however, very practical reasons that should be taken into account. First, you have paid an attorney to represent you. That lawyer is in the best possible position to decide what to do with your case. Most criminal cases are charged by using a flat fee. That is, you're not paying your lawyer for everything she does (according to the time it takes to do it) and she has to decide what is the most likely to do you some good without wasting the time she has mentally calculated your case is likely to require. Examining (not "examination") trials take around 15-20 minutes in court and are easy to prepare for and take very little effort on the part of an experienced criminal lawyer. Problem is the State doesn't necessarily have to bring the witness(es) you would like to question to testify at the examining trial. In the past, examining trials were very useful in gathering discovery which the defendant would not usually get until the actual trial itself. Things have changed dramatically in recent years and now the defendant gets discovery of the State's case soon after indictment, so examining trials often are a waste of valuable time. By the way, examining trials must be held before indictment is returned by the grand jury. Once indicted, the right to examining trial disappears. Preparation of a pretrial grand jury package can be very time-consuming. Not always, but usually. They can sometimes be useful especially if the "victim" has been found to be a person who makes multiple police reports, like a person that calls the police often for no good reason. Generally they don't work, which is why most lawyers don't prepare them in most cases. This is why you should really listen to your lawyer about this. She may well have decided that a grand jury package is unlikely to help you and just will use up time she needs to work on other things in your case. No lawyer can answer your question and tell you what's best in your case. You give a lot of your strategy and information about how you intend to approach your defense when you send the grand jury a package because the prosecutor will be the lawyer giving them the package. Pay attention to your lawyer, and good luck.
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Contact & Map
Law Office of Mike Rodgers
4627 North Central Expressway
Dallas, TX 75205
Toll-Free: (214) 999-0900
Telephone: (214) 999-0900
Monday: 9 AM - 6 PM
Tuesday: 9 AM - 6 PM
Wednesday: 9 AM - 6 PM (Today)
Thursday: 9 AM - 6 PM
Friday: 9 AM - 6 PM
Saturday: 9 AM - 6 PM
Sunday: 12 PM - 5 PM
Notice: Because I represent clients in courts all over Texas, I can't keep regular office hours. Right now (8/17/20), I have cases in seven Texas counties. Still, I'm here most days and weekends and often at night. Please call for appointment.