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
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Claimed Lawyer ProfileQ&AResponsive Law
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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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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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
Legal Answers
Q. Can I go back to court and file ineffective counseling because lawyer did not state my plea deal with ADA
A: You can "agree" to become an informant and give up other people but that alone does not constitute cooperation with the police. You must actually work with the police in such a way that your work results in the arrest and prosecution of those other people. You don't say that you actually did that. Simply "telling on" others is not enough to constitute substantial cooperation.

Now if you did, in fact, do substantial work for the police and your lawyer didn't advise the court of your cooperation, you can can ask the judge to allow you to appeal. But there's a problem with trying to do that. What you seem to be saying is that you pleaded guilty pursuant to a plea bargain with the state (or the federal government). In Texas, when you go before the judge with your lawyer and plead guilty, the terms of your plea bargain are stated to the the court by both your lawyer and the prosecutor in your case. After the lawyers tell the judge what the agreement is, the the judge asks the defendant (you) if the agreement they just outlined is the deal you have agreed to accept. So if your lawyer, and the prosecutor, failed to correctly state the plea agreement you thought you were going to get, why didn't you tell that to the judge when he or she asked you if the plea bargain was as expected?

You need to talk with a good criminal lawyer and tell that attorney exactly how your lawyer screwed up your guilty plea hearing and why you didn't advise the judge about the problem at that hearing. You haven't stated enough of the facts of your situation for me to be able to give you a definitive answer here.

I hope this has helped you at least see some of the difficulties you would face trying to raise an ineffective assistance of counsel claim. Good luck.
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Q. Can I sue my sister for stealing my identity? she created crypto accounts using my name and didn't pay any taxes on it
A: Well, how do propose to avoid legal problems by inititiating a lawsuit against your sister? I am not trying to demean you or make fun of your situation, but the idea of suing someone in order to avoid legal difficulties in the future is one of the worst ideas I have heard of in a good, long while.

Okay, here's the deal. You simply do not have a valid lawsuit here. The reason you cannot sue your sister is that you have suffered no damage by her actions. It hasn't cost you any money or caused you any problems with the IRS or anybody else.

You certainly have a valid gripe against her because she has, in fact, used your identity improperly. But you're not going to have any problems with the IRS because you have not received any income because of her actions.

Filing a lawsuit is a bad idea because that would be what is known as a frivolous lawsuit. The court would almost certainly dismiss any lawsuit you might file based on these facts.

Please understand that what I am telling you is that you do not have a legal problem. And you don't need to go to court. What I suggest is for you to talk to your sister and tell her to cut this stuff out.

Have a great and worry-free week.
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Q. I caught a charge on deferred adjudication but got it dismissed will this affect my release date next month.
A: This is a good question. The answer is important to you as it affects your future in many ways. The answer is very simple and it is this: there is no way to double check. You should ask your attorney because he/she is best situated to gove you sime idea what the answer might be. Still that would only be an educated guess.

If your probation officer has told you you are "in the clear", you should simply continue doing whatever you're supposed to be doing under the terms and conditions of your probation. I advise that you not try to ask anybody else about your chances, so long as your probation office had complete knowledge of the dismissed case when they gave you the good news about your situation. A good relationship with your probation officer is built on trust. This is a good time to rely on that trusting relationship.

Good luck. I hope everything works out, and Happy New Year!
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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
Thursday: 9 AM - 6 PM
Friday: 9 AM - 6 PM (Today)
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.