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Questions Answered by Roy Lee Warren
2 Answers | Asked in Criminal Law for Texas on
Q: Does the successful assertion of a defense to prosecution mean the actions do not constitute a crime?

Example: self-defense (TPC 9.31). If the trier of fact believes to the necessary standard that your actions were necessary to defend yourself from harm, are those actions no longer a criminal act, or is the action still a crime, for which the defense simply precludes prosecution?

The hair... Read more »

Roy Lee Warren
Roy Lee Warren answered on Nov 14, 2019

If a person is acquitted of the crime for which they are charged with they will not have a criminal record because the defense, for whatever reason, was successful. I hope this answers your question.

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2 Answers | Asked in Workers' Compensation for Texas on
Q: What do I do when a MD turns in medical report of my Examination to TDI/WC but I was absent in this examination?

The DWC-73 document doesn't have my signature to it but it was turned in as if I was medically examined?

Roy Lee Warren
Roy Lee Warren answered on Nov 14, 2019

If the examination was for determination of MMI/IR you MUST be examined or the report is inadequate. Even if you were examined on a previous occasion and determined to not be at MMI you must have another examination to certify you at MMI.

However if the medical provider was submitting a...
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1 Answer | Asked in Workers' Compensation for Texas on
Q: How long is the wait to receive my worker's compensation check

The injury happened at work and was being looked at by a Doctor through worker's comp and then he discharged me saying there was nothing else he can do for me so now I got a worker's comp lawyer and went to another Doctor only to be ridiculed by him saying that I was over weight and that my back... Read more »

Roy Lee Warren
Roy Lee Warren answered on Nov 4, 2019

If your medical provider has you off work the insurance carrier has 7 days to pay or dispute. It has 15 days to investigate to determine if you have a compensable injury.

The law provides as follows: An IC is liable for accrued benefits if it fails to dispute compensability of the injury...
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1 Answer | Asked in Criminal Law for Texas on
Q: How long is the Statutes of limitations good for on this charge?

I was charged with it 2 1/2 years ago, since then I've been through 2 court appointed lawyers and continuous after continuous

Roy Lee Warren
Roy Lee Warren answered on Nov 4, 2019

I am sorry to be the bearer of bad news but once the case has been filed the SOL is tolled (stopped). You may have other arguments though such as violation of right to speedy trial but if your not in jail that's a difficult argument.

1 Answer | Asked in DUI / DWI for Texas on
Q: I was arrested for dwi fail breath test ok my cdl was suspended for a year in December 2018 I haven't went to trial

If convicted or plea guilty does it mean my cdl will be suspended for another year start from the conviction date.

Roy Lee Warren
Roy Lee Warren answered on Oct 21, 2019

Yes, it generally will, however your lawyer may be able to negotiate that point in a plea bargain. One method I have used in the past is to have my client plead to "obstruction of a highway" so their license is not suspended. But it depends on the strength of your defense and the willingness of the... Read more »

2 Answers | Asked in DUI / DWI for Texas on
Q: I had a dismissed dwi in 2016 .that was my first time .no other tickets .can I become a citizen ? Thanks .Cem gungor

I complicated my 1 year probation with no violation .No any other tickets .I've been in the U.S for about 6 years . My chance and what do I need to do ? Thanks a lot .

Cem Gungor .

Roy Lee Warren
Roy Lee Warren answered on Oct 21, 2019

It certainly becomes more difficult when you have a class A misdemeanor, (DWI 1) but I suggest you ask an immigration lawyer.

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2 Answers | Asked in Criminal Law for Texas on
Q: What can be done if a deputy tells an inmate he needs to take the charge or his whole family will go down
Roy Lee Warren
Roy Lee Warren answered on Oct 21, 2019

In addition to the other answer I'd say or perhaps the AG's office. But in any event I'm sure you have heard police can and do lie.

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2 Answers | Asked in Criminal Law for Texas on
Q: I wrote an affidavit for a defendent and now the deputy sheriff approached me in a store about my affidavit

He said he was going to have to talk to me about it and I had it notarized. What do I need to do

Roy Lee Warren
Roy Lee Warren answered on Oct 21, 2019

I would at least consult with a lawyer and show them your affidavit. You do nt want to be prosecuted for perjury.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: What is the purpose of disposition hearing
Roy Lee Warren
Roy Lee Warren answered on Oct 17, 2019

Generally it is an opportunity for the state's lawyer and the defense lawyer to discuss resolving the case with a plea bargain agreement.

1 Answer | Asked in Criminal Law for Texas on
Q: Can a 15 year old girl be in a relationship, date a 21 year old with NO sexual interactions/ conduct in texas?
Roy Lee Warren
Roy Lee Warren answered on Oct 17, 2019

Yes, provided there is no sexual relations. The age of consent for sexual activity is 18 in Texas. However the Romeo and Juliet law allows an affirmative defense if the couple is no more than 3 years apart in age. A rule of thumb for the appropriate age is to divide the older person's age by 2 and... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should i get a worker's comp lawyer and if so what do you recomend my pain is getting worse

I got dehydrated while working in a slicker suit and my back was cramping up and then my back started to hurt and then the workers comp doctor said i needed to work so i can work those muscles aand my back was hurting even more and then was discharged by the doctor and that same day was laid off

Roy Lee Warren
Roy Lee Warren answered on Oct 10, 2019

First and foremost you must file a claim if you have not. An IE only has 30 days after the date of injury to report the injury to the employer. If you do not report w/i 30 days you must establish "good cause" for failure. Seeing the company doctor implies that you did report the injury.... Read more »

2 Answers | Asked in Criminal Law for Texas on
Q: My neigbor took my jerican without my consent. she didnt return. I entered, picked but charged me tresspass

My neighbor took my jerrican without my consent. she didn't return it. I entered, picked it from her residence, but she charged me for trespass. what should I do?

Roy Lee Warren
Roy Lee Warren answered on Oct 10, 2019

You should hire a lawyer to defend your case. You were fortunate that you were not charged with a more serious crime. I hope you did not enter any residence or building bc the DA could modify your charges to burglary of a building. I am sorry to say people seldom have the right to self help, just... Read more »

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2 Answers | Asked in Criminal Law and Animal / Dog Law for Texas on
Q: Do I owe them?

I am a senior citizen. I have had a cat since she was a small kitten. She is about nine years old. she is an outside, only coming in to eat. Very friendly I had her spayed, and vaccinated and micro-chipped in 2012. For the past year and a half, a neighbor has held her captive and she returned home... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 10, 2019

I am sorry you were deprived of your pet for that period of time. This is just my opinion, but I agree with you. The law generally makes sense. I would not pay them a penny for essentially cat-napping my cat! The neighbor should count themselves lucky if you do not sue for the loss of enjoyment... Read more »

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3 Answers | Asked in Civil Litigation, Criminal Law, Domestic Violence and Mergers & Acquisitions for Texas on
Q: Court ordered drug test at probation office

What are they for ....

How can results be shared

Roy Lee Warren
Roy Lee Warren answered on Oct 10, 2019

Sometimes a court will require an U.A. as a condition of bail. A problem with some U.A.s can arise when the test is disposed of immediately and there is no quantitative analysis to prove the level of a positive test. Oh and yes, the probation officer (PO) has almost complete discretion over... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: My exHusband is being accused of sexual battery by his current wife & has been arrested, I have no idea how 2help
Roy Lee Warren
Roy Lee Warren answered on Oct 8, 2019

Thanks for your question and I am sorry for the situation. IF YOU HAVE THE RESOURCES TO ASSIST HIM WITH BAIL, that would be the most immediate help. Hiring a lawyer would also be in his best interest. If you speak with him from the jail remind him telephone calls are subject to being recorded and... Read more »

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2 Answers | Asked in Traffic Tickets and Civil Rights for Texas on
Q: TX.. My husband was given a ticket for no divers license when he was walking out of his Uncle's house. Is this legal?

The Borger Police Department pulled up to my Husband as he was walking out of his Uncle's house. They gave him a ticket for no driver's license and searched the car with no probable cause. They then followed my son n law home when he went and got the car. This is ongoing harassment by Borger Police... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 8, 2019

The Texas AG's office may be your best bet to stop harassment of this type. A legitimate police action is generally allowed but I see this type of behavior more and more and we, as citizens, need to stand up to it or we may lose more rights. You could also send a letter to the County Sheriff... Read more »

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2 Answers | Asked in Workers' Compensation for Texas on
Q: I was injured at my job but was still able to work. I changed jobs but my injury has gotten worse and need surgery.

I will not be able to work for 4-6 weeks. Workers comp has been paying for my medical expenses but now that I will be out of work, am I eligible to receive income from workers comp? I spoke to my adjuster and they said no because I no longer work for the same employer. My new job is in the same... Read more »

Roy Lee Warren
Roy Lee Warren answered on Oct 10, 2019

I am sorry to say but the adjuster gave you a load of crap! It does not matter if you changed jobs. The definition for disability, and therefore entitlement to TIBs, is not dependent on the injured worker being with the same employer. We can look to the DWC, which publishes the "Appeals Panel... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Son Injured on job. Filed WC claim. Co making him use all his PTO with no mention of pay after that.

They have been covering all medical bills but shouldn't he be getting at least partial income?

Roy Lee Warren
Roy Lee Warren answered on Sep 20, 2019

It depends on whether he "elected" to take PTO rather than receive income benefits. Regardless he should be entitled to receive impairment income benefits. PTO does not replace that because that is for injuries to his body. If his PTO has been exhausted.

2 Answers | Asked in Criminal Law for Texas on
Q: Texas misdemeanor class B charge theft With previouse convictions they up the level of that charge to a State j

Misdemeanor b. Now up to a State jail charge.

Also no they have enhanced x 2 times the state jail.

Start Ed. A Misdemeanor b

Can they do this

Roy Lee Warren
Roy Lee Warren answered on Sep 19, 2019

Sorry, you will surely need a good lawyer to help you through the morass. For the misdemeanors the theft charge can be enhanced with a FINAL conviction of a previous theft. The key point is whether they attempt to enhance the SJFs to a 3rd or 2nd degree felony. With that in mind I will paste a... Read more »

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2 Answers | Asked in Workers' Compensation for Texas on
Q: Can I still get medical help for back pain related to a back injury that was cause by an at work slip n fall n '06
Roy Lee Warren
Roy Lee Warren answered on Sep 19, 2019

Yes, you have "lifetime" medical as long as it is related to your compensable injury. If the carrier disputes that it is related you may have to ask for help from DWC or a lawyer to prove the cause.

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